False Claims Act

Overview

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 massive civil penalties. BakerHostetler attorneys offer the experience and background necessary to successfully guide businesses through these challenging and complex matters.

BakerHostetler has a track record of successfully resolving and defending FCA investigations on behalf of a wide variety of healthcare providers, including academic medical centers, hospitals and health systems, physician groups, ancillary service providers, and manufacturers and distributors of pharmaceuticals and medical supplies. Our extensive 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 private, 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.

The firm’s national Healthcare team – comprising nationally recognized healthcare lawyers, former U.S. Department of Justice (DOJ) healthcare fraud prosecutors and white collar defense attorneys – brings to bear a unique combination of skills and insight to methodically address the legal and reputational challenges arising from FCA matters and to secure the best outcome for our provider clients.

We partner with our provider clients across the country to manage and defend FCA investigations from start to finish. We conduct internal investigations and audits, respond to administrative subpoenas and civil investigative demands, and negotiate with the DOJ, state attorneys general, and other federal and state authorities for favorable resolutions of an FCA investigation. If the government or an individual relator files a case, our team has the right combination of healthcare law expertise and trial skills to succeed in the courtroom.

We also understand that the government does not conduct FCA investigations in a vacuum. Our clients rely heavily on our team, which includes several former federal healthcare fraud prosecutors, to evaluate the extent to which an FCA matter may involve parallel criminal allegations. Should a criminal investigation arise, we have the inside experience to effectively respond to grand jury subpoenas and search warrants, obtain non-prosecution agreements and other favorable pretrial diversions, defend against indictments, and, if necessary, try cases to federal and state juries. 

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