False Claims

Seyfarth Shaw has broad experience in handling federal and state false claims matters and qui tam whistleblower actions across a range of industries including government service contractors, defense contractors and health care providers. We also have extensive experience in representing corporations and individuals in criminal procurement fraud investigations.

Enforcement under the False Claims Act (FCA) has become progressively more aggressive as government spending has increased and fraud and abuse has become a top law enforcement priority. Under the FCA, the United States Department of Justice, as well as private whistleblowers, can recover treble damages and enormous civil penalties from those in a wide variety of industries.

The FCA allows cases to be brought by “whistleblowers” suing on behalf of the government against those alleged to have submitted false claims for payment to an officer of the United States. The Act encourages private individuals to ferret out alleged fraud on behalf of the government, and it provides for treble damages and statutory penalties. Many states also have enacted statutes that parallel the False Claims Act.

Our attorneys have a wealth of experience handling white collar and FCA matters that impact Government contractors. We have handled FCA matters in various federal courts and with various U.S. Attorneys’ offices throughout the country, and we have a history of being able to develop good working relationships with AUSAs and civil DOJ personnel. We stand ready to handle cases in trial, and we have also been extremely successful in resolving matters without going to trial, or in some instances even before the government files a case or joins in a qui tam action.

Our False Claims Act matters have included:

Defending false claims allegations, whether initiated by a whistleblower or by the DOJ
Responding to Inspector General and grand jury investigations
Representing clients in suspension or debarment proceedings
Advising corporations on the advantages and disadvantages of voluntary disclosure
Negotiating with and convincing the DOJ not to intervene in civil fraud cases brought by qui tam relators
Negotiating “global” settlements with the government, requiring the concurrence of the government's civil, criminal, and administrative authorities
Defective pricing or other irregularities in the formation of government contracts
Mischarging or overcharging on government programs
Product substitution and quality assurance issues