False Claims Act Defense

We successfully defend clients in False Claims Act investigations and litigation, while also helping them strengthen their internal compliance programs to avoid future litigation.

Overview

Our False Claims Act Defense attorneys have decades of experience successfully defending government contractors, healthcare providers, pharmaceutical companies, and other companies in investigations and prosecutions for violations of the Anti-Kickback Statute and the False Claims Act, and Medicare and Medicaid fraud.  We have successfully defended dozens of corporations, hospitals and physicians against qui tam or whistle-blower claims, investigated and litigated by the U.S. Department of Justice (DOJ) in jurisdictions across the country.

We help our clients to protect themselves by strengthening their internal compliance programs. This includes incorporating a culture of compliance throughout the company, making reporting procedures readily accessible to employees, protecting privileged communications from misuse, and making sure that legitimate employee reports are investigated promptly and, if necessary, addressed quickly.  Our attorneys have extensive experience in developing and implementing specialized compliance programs for clients across a broad spectrum of industries.

AGG attorneys have years of experience in federal investigations, and  include former Assistant United States Attorneys, a former Senior Deputy Attorney General, former U.S. Securities and Exchange Commission (SEC) attorneys, and other former senior government attorneys.

Additional Specialties

Experience

  • Represented a national nursing home chain in False Claims Act case alleging that two national nursing home chains and their principals conspired to solicit a $50 million kickback from a large national pharmaceutical supply company in exchange for continuing to provide pharmacy services to the homes, obtaining a favorable settlement after filing motion to dismiss.
  • Represented a large public company in $100+ million False Claims Act investigation related to contracts for the provision of goods to the U.S. Military, obtaining a favorable settlement after internal investigation and presentation to government.
  • Represented two large publicly traded nursing home companies in Department of Justice investigation of reimbursements for therapy provided at nursing homes.
  • Represented major regional hospital in nationwide Department of Justice investigation related to implantable cardiac defibrillators.
  • Represented one of the largest specialty medical practices in the Southeast in investigation by the U.S. Attorney’s Office alleging improper modifier 25 billing. Civil case settled for approximately one-third of the government’s demand.
  • Successfully represented owner of MRI/CT scan center in parallel civil and criminal investigations alleging improper billing and coding.  The government declined to file criminal charges.  Although the government demanded over $5 million to settle the case, we successfully settled for a nominal sum.
  • Represented former CEO and Treasurer of national, publicly traded nursing home chain in parallel civil and criminal anti-kickback and false claims investigations. No charges or lawsuits were filed against client.
  • Represented national pediatric care provider in joint state and federal False Claims Act investigation related to documentation of care provided and reverse false claims allegations.
  • Represent cardiology practice in Department of Justice investigation related to implantation of cardiac stents.
  • Represented multiple hospices in False Claims Act investigation related to eligibility of patients for hospice care.
  • Represented Florida psychiatric hospital in parallel civil and criminal investigation by Department of Justice related to alleged violations of Anti-Kickback Statute. No charges were filed against client.
  • Secured an injunction invalidating a federal Medicare reimbursement rule and as a result effectively halted a fraud investigation and the threat of a False Claims Act action against a national healthcare chain.
  • Represented pharmaceutical company in connection with Department of Justice investigation of alleged off-label marketing.

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