False Claims Act Experience The following is a listing of recent - - PDF document

False Claims Act Experience

The following is a listing of recent representations in which a Jones Day lawyer has participated. Client Transaction False Claims Act Representations USAID Contractor Represent an engineering contractor working in False Claims Act litigation alleging violations of USAID source, nationality, and origin regulations in connection with five USAID-financed host-country projects in Egypt. Environmental Remediation Contractor Represented an environmental remediation contractor in a criminal and civil investigation resulting from a qui tam complaint alleging fraudulent or false claims by the company for payments received in connection with a remediation project. No criminal charges were filed and the action was settled on favorable terms. Parts Supplier Represent a parts supplier in a qui tam action alleging false certifications to specifications and drawing of military-use parts sold via purchase order to a government contractor. After a voluminous subpoena response and an internal investigation of the company’s Puerto Rico operations, the action is set to settle on favorable terms. Prime Contractor Represented an aerospace distributor in a qui tam suit alleging improper pricing in connection with a U.S. government contract. The case was settled on favorable terms. Air Force Parts Supplier Represented a manufacturer and distributor of parts to the U.S. Air Force in a criminal and civil investigation resulting from a qui tam complaint alleging that the product sold did not meet contract specifications, contrary to certifications provided with shipment. We successfully resolved the investigation without the filing

• f criminal charges. The Department of Justice did not

intervene in the qui tam action, which was subsequently dismissed by the court. Navy Material Supplier Represented supplier of parts to the U.S. Navy in defense contractor fraud investigation. We conducted an internal investigation of the matter and guided the company through the Department of Defense’s voluntary disclosure program. We successfully negotiated with the Department of Justice to avoid criminal sanctions and negotiated an out-of-court civil resolution with the U.S. Attorney’s Office.

False Claims Act Experience

Client Transaction Navy Valve Supplier We represented a manufacturer of valves for the U.S. Navy and its contractors in a qui tam action brought by former employees. The Department of Justice intervened in this matter. We were able to obtain a fairly quick settlement for the client on reasonable terms with a structured payment schedule based on the client’s ability to pay. Helicopter Parts Manufacturer We represented a manufacturer of parts for helicopters used by all branches of the U.S. armed services and the Coast Guard. The client was the subject of a qui tam action brought by an employee, with the intervention of the Department of Justice. We were able to obtain a resolution for the client on favorable terms by establishing that certification violations were not as extensive as the government had believed and on the client’s ability to pay. Environmental Remediation Contractor Represented an environmental remediation contractor in a qui tam action alleging fraudulent billings arising from work on a remediation project. The action was settled

• n favorable terms.

Construction Contractor Represented a construction contractor in a qui tam action alleging faulty testing and product substitution. We were able to obtain a government non-intervention

• decision. The case was subsequently dismissed.

Health Care System Represent a health care system in a qui tam action alleging that the company knowingly received

• verpayments from Medicare due to false claims for

unallowable costs in its Medicare cost reports. Acute Care Hospital Represent a hospital in a civil investigation by Department of Health and Human Services Office of Inspector General and the Department of Justice arising from a qui tam action alleging that the hospital falsely raised its charges to receive inflated Medicare outlier reimbursements. Hospital Management Company Represent a hospital management company that provided management services to a Pennsylvania hospital in a qui tam action alleging that false claims were submitted to the government for services provided in violation of the Anti-Kickback Statute and the Stark Law.

False Claims Act Experience

Client Transaction Acute Care Hospital Represented an acute care hospital in a qui tam action alleging false billing for services in a geropsychiatric

• unit. We successfully moved to dismiss all federal
• claims. The matter is currently on appeal before the

Ninth Circuit. Pharmaceutical Company Represented a pharmaceutical company in a qui tam action brought against forty major pharmaceutical companies alleging violations of FDA regulations concerning manufacturing processes and testing. We successfully moved to dismiss the action. Hospital System Represent a hospital system and a subsidiary that provided management services to two Georgia hospitals in a qui tam action. We successfully moved to dismiss the action. The matter is currently on appeal before the Eleventh Circuit. Long Term Acute Care Hospital Represent a long term acute care hospital in a qui tam action alleging that false claims were submitted for services provided by physicians in violation of the Stark Law. Health Care System Represented a health care system in a qui tam action filed by a former employee alleging false billing to Medicare for services provided by physician assistants staffing an emergency room at a rural hospital and retaliation against the whistleblower. We successfully moved to dismiss the action. Medical Device Manufacturer Represented a medical device manufacturer in a qui tam action alleging that the manufacturer marketed non- FDA-approved pacemaker leads, thereby allegedly causing physicians and hospitals to submit false claims to Medicare. On appeal, we persuaded the Sixth Circuit to reverse the district court and dismiss the action. Health Care System Represented a health care system in a qui tam action in which the government partially intervened alleging improper documentation of outpatient physical therapy

• claims. The action was settled on favorable terms.

Health Care Provider Represented a national health care provider in a civil False Claims Act investigation alleging the filing of false Medicare cost reports. After providing responsive documents and attending depositions, we successfully moved the district court to quash additional subpoenas and order a halt to the investigation on the grounds of undue burden.