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Companies doing business with federal and state governments, especially in the healthcare, defense, energy and logistics industries, face ever-increasing scrutiny from regulators and whistleblowers. At the heart of such risks are the False Claims Act (FCA) and its state-level progeny. These laws allow cases to be initiated by whistleblowers motivated by the opportunity to recover triple damages and civil penalties. BakerHostetler attorneys offer the experience and background necessary to guide businesses through the legal, economic and reputational risks presented by these challenging and complex matters.

Innovative Approach

BakerHostetler has a track record of successfully resolving and defending FCA investigations on behalf of a wide variety of businesses. Our experience investigating and litigating FCA matters at all levels is unique – and has resulted in numerous successes for clients facing near-existential crises. Our experience has ranged from high-profile criminal and civil fraud and abuse matters to internal corporate compliance issues. Whether it is a case requiring delicate interaction with regulators or a matter that demands an aggressive defense, our team is prepared to vigorously defend clients against FCA claims.

  • Obtained dismissal for a client in a federal FCA case alleging a $100 million federal government contracting fraud scheme.
  • Despite target letters from DOJ alleging violations of the FCA, successfully defended an executive vice president of a national post-acute care company, with no claims filed.
  • Representing the owner of a real estate development and management company in defending against an investigation by DOJ involving $300 million in alleged FCA damages.
  • Successfully settled, on a no-fault basis for nuisance value, a $100 million-plus, bet-the-company DOJ civil FCA case involving parallel criminal charges against a healthcare management, diagnostic and hospice care services provider, including achieving a favorable appellate decision quashing the government’s search, seizure and retention of privileged materials.
  • Representing an alternative energy company in defense of state FCA allegations relating to a failed several-hundred-million-dollar energy project.
  • Representing a national provider of career training schools in response to an FCA investigation by DOJ with potential penalties of up to $180 million relating to tuition reimbursement allegations under the GI Bill.
  • Representing a former top executive at a military contractor in a $40 million criminal investigation in the midst of a potential civil FCA lawsuit.
  • Representing a global staffing company to perform an internal investigation and respond to a civil investigative demand from DOJ related to potential FCA violations.
  • Successfully settled, for a minimal amount, a bet-the-business civil FCA case filed by an individual relator asserting over $100 million in federal FCA, Stark Law and Anti-Kickback Statute violations related to billing for medical tests and alleged improper relationships with physicians.
  • Representing a former top executive of a marketing company in connection with a DOJ investigation into the payment of alleged kickbacks and the submission of false claims for cardio and cancer genetic testing, purportedly exceeding $25 million.
  • Representing a client in an ongoing companion civil and criminal False Claims Act investigation being conducted by the U.S. Attorney’s Office for the Southern District of Ohio.
  • Representing a multi-state provider of physical therapy services in connection with a DOJ FCA investigation and related civil investigative demand.
  • Counsel to numerous physician practice groups in defense of federal FCA investigations, government enforcement actions and internal investigations.
  • Representation of a large orthopedic practice group in defense of a DOJ FCA case involving allegations of AKS/Stark violations.
  • Counsel to a specialty pharmacy company in a federal FCA investigation.
  • Representation of a variety of healthcare clients in the defense of civil FCA actions and whistleblower lawsuits.
  • Conducted an FCA investigation pertaining to sale of medical devices under a Federal Supply Schedule contract.
  • Represented the Chief Compliance Officer of a publicly traded pharmaceutical company in a criminal investigation involving FCA and Iranian sanctions issues.
  • Represented physicians in a DOJ civil FCA investigation initiated as a result of a qui tam complaint.
  • Conducted an internal investigation for a multinational corporation and also defended against a government investigation into alleged violations of immigration law and the FCA.
  • Conducted an internal investigation for a Fortune 500 company into a foreign subsidiary involving allegations of employee misconduct and potential FCA violations.
  • Represented an officer of a pharmaceutical company in connection with a DOJ investigation into marketing practices and potential violations of the Anti-Kickback Statute and the FCA.
  • Conducted an internal investigation associated with a DOJ investigation of a large physician practice group relating to an FCA case involving allegations of overutilization of and billing for ancillary testing.

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