McGlinchey Stafford routinely advises clients on state and federal False Claims Act (FCA) matters, including whistleblower (qui tam) cases across the entire spectrum of civil and criminal FCA matters—government audits and investigations, grand jury proceedings, Inspectors General reports, Civil Investigative Demands, and media reports of alleged business misconduct.
We have the resources to handle the panoply of legal issues implicated by the FCA—from government contracting rules and regulations to mortgage lender and servicer claims to relator retaliation claims—for our diverse national client base. The McGlinchey Stafford FCA team combines deep and varied experience in complex commercial litigation, government contract law and regulation, and white collar defense, working alongside our particularly strong financial services practice team. We don’t just defend lawsuits; we also try jury cases. We also practice compliance counseling aimed at developing and implementing preventive programs to avoid litigation.
Because whistleblowers are now heavily incentivized by bounty provisions of the FCA (and other statutes) to report perceived misconduct and initiate qui tam lawsuits, it may be unrealistic to expect to avoid FCA enforcement or litigation. When clients receive a Civil Investigative Demand or a grand jury subpoena, or a call from a U.S. Attorney asking for comment on an issue in an FCA complaint not yet served, we are ready to help. Recent amendments to the federal FCA not only have increased the number of qui tam actions filed by whistleblowers, but also have expanded the business areas involved, going beyond traditional government contracting, and into health care and financial services. These changes have resulted in investigations by the Civil Fraud Section of DOJ’s Civil Division and by U.S. Attorneys’ offices across the nation, and McGlinchey Stafford has been a national leader in responding to these developments.
Our experienced FCA defense team can respond rapidly and cost-effectively to counsel and defend our clients. We regularly handle internal legal reviews and provide advice to corporate boards, C-suite executives, and law departments on bet-the-company cases and effectively respond to state or federal law enforcement authorities, at any level and in any jurisdiction. McGlinchey Stafford also has extensive experience in complex e-discovery/ESI ordinarily accompanying a FCA case.
McGlinchey Stafford attorneys have extensive experience representing government contractors and major financial institutions in FCA and qui tam matters, including recent representation of clients accused of false claims against the U.S. Treasury in connection with post-2009 economic recovery programs in multiple states. We have two former federal prosecutors on our FCA team: David Dugas, who served as U.S. Attorney for a major district for a decade and headed a national fraud task force as well as chairing/co-chairing two criminal policy committees advising the Attorney General, and Bob Driscoll, a former Deputy Assistant Attorney General and chief of staff for the Civil Rights Division of the DOJ.
We are pleased to offer a deep bench of trial lawyers, both senior and junior, with practical, real-world experience in the courtroom and the board room. The team understands the FCA from both the historical and practical perspectives, and can bring decades of counseling and trial experience to a FCA case on behalf of our clients. It often takes at least two years from sealed filing to service of the complaint, and then longer to bring an FCA case to verdict. We understand the financial exposure, corporate disruption, and reputational harm that accompany an FCA investigation or claim, and we work closely with our clients to develop the most effective strategy for each case, and to properly and efficiently staff it to obtain a satisfactory resolution at the many business and regulatory levels implicated by the FCA.