Overview
Megan Mocho is a litigation attorney in Holland & Knight's Tysons office, where she focuses on government and internal investigations for corporate and individual clients in the government contracts, aerospace, intelligence, banking/financial services, education, pharmaceutical life sciences and medical device industries. Ms. Mocho also co-chairs the firm's White Collar Defense and Investigations Team, the False Claims Act Defense Team, and the National Security, Defense and Intelligence Team.
Ms. Mocho is experienced in civil and criminal government enforcement matters involving procurement/grant fraud, healthcare fraud, public corruption, procurement integrity, financial crimes and whistleblower reprisal.
She has particular experience under the False Claims Act (FCA), and regularly defends clients in qui tam actions brought by relators or the U.S. Department of Justice (DOJ). She has secured dismissal and declination under the FCA and favorably settled parallel civil and criminal cases on behalf of her clients. Ms. Mocho regularly conducts complex internal investigations, including classified internal investigations, and handles criminal cases under the Classified Information Procedures Act (CIPA). She supports clients facing proposed suspension, debarment, exclusion or other sanction by agency Suspension Debarment Officials, Offices of Inspector General (OIG) or the World Bank.
In addition to trying criminal jury trials to verdict, she has argued successfully before appellate and district courts.
Ms. Mocho is a frequent lecturer on the FCA and on best practices in internal investigations. In addition, Ms. Mocho is co-editor of the Corporate Compliance Answer Book, and serves as the chair of the Federal Bar Association's Qui Tam Section, a group of federal and state prosecutors, relators counsel, and defense counsel practicing within the FCA and other whistleblower statutes.
*Prior external publications may appear under Megan Jeschke.
Representative Experience
- Represented former Virginia Gov. Bob McDonnell during the public corruption investigation, trial and appeal; after the U.S. Supreme Court issued a unanimous decision vacating the convictions, the U.S. Department of Justice (DOJ) dismissed the indictment
- Represented a medical device corporation in a False Claims Act (FCA) case brought in federal district court in California; successfully argued for dismissal of a repeat qui tam relator's case before the district court, then argued and won appeal before the U.S. Court of Appeals for the Ninth Circuit
- Secured summary judgment for medical device manufacturer in a FCA case using bifurcated approach to address lack of materiality in claim submission
- Conducted an internal investigation, litigated, then settled a series of multi-district FCA cases involving overutilization allegations for a nationwide healthcare management company, including successfully moving to dismiss twice, the second time with prejudice
- Conducted an internal investigation for a biologics company regarding allegations of manipulation in study data reported to the U.S. Food and Drug Administration (FDA)
- Represented a Fortune 100 manufacturer in an investigation related to alleged antitrust and procurement fraud violations; no enforcement action taken in the matter
- Conducted a nationwide internal investigation for a leading military contractor related to allegedly fraudulent reporting to the government, involving scrutiny by the U.S. Air Force Office of Special Investigations (AFOSI) and Congressional Oversight and Armed Services Committees; resolution of the case was favorable involving no criminal or civil liability
- Conducted several internal investigations related to off-label marketing for a Fortune 50 pharmaceutical manufacturer
- Representations of several companies before the General Services Administration (GSA) Office of Inspector General (OIG) regarding allegations of violating the price reduction clause in Federal Supply Schedule contracts
- Defended a multibillion-dollar defense contractor before the U.S. Department of State and AFOSI against allegations of violating International Traffic in Arms Regulations (ITAR), resulting in no fines being imposed
- Represented a publicly traded transportation logistics company in a FCA investigation alleging fraudulent upcoding; successfully convinced the DOJ to decline intervention and dismiss the case
- Representation at trial of company executives accused of criminal false claims and conspiracy related to government procurements
- Representation of joint official liquidators of a defunct hedge fund to recover funds fraudulently retained by hedge fund executives
- Representation in sanctions investigation conducted by the World Bank Office of Integrity (INT) and Office of Suspension and Debarment (OSD)
- Represented a government contractor related to allegations of fraud and bribery of public officials; the case involved classified information and was handled under the Classified Information Procedures Act (CIPA)
- Representation at trial of physician accused of false recordkeeping
- Conducted an internal investigation for a multibillion-dollar government contractor into allegations raised by a former employee of improper supply chain practices and revenue recognition violations
- Represented the corporate executive of an international naval supply contractor related to allegations of public corruption and fraudulent billing
Credentials
- University of New Mexico, BBA, Accounting and Finance, cum laude
- The George Washington University Law School, J.D.
- Maryland
- Virginia
- Federal Bar Association, Qui Tam Section, Vice Chair, 2021; Chair, 2022
- Maryland Bar Association
- Virginia Bar Association
- Chambers USA – America's Leading Business Lawyers guide, Litigation: White-Collar Crime & Government Investigations (Up and Coming), 2023, 2024
- Holland & Knight Public and Charitable Service All-Star, 2014, 2018