Alston & Bird has extensive False Claims Act (FCA) experience in a variety of contexts, including health care, government contracting, construction, financial institutions and products liability. Our team of former federal prosecutors and experienced civil litigators has successfully handled FCA cases throughout the country.
The FCA provides the government and qui tam plaintiffs with a powerful and lucrative tool to seek damages against companies. The FCA’s damages and penalties provisions—which call for treble damages and impose monetary penalties for every false claim—have allowed the government to extract monumental recoveries. In 2013 alone, the Department of Justice (DOJ) secured more than $4 billion in settlements and judgments from civil cases that alleged fraud against the government. Companies are particularly prone to FCA complaints, because the FCA allows private individuals to assert FCA claims against companies on the government’s behalf. As a result, “whistleblower” lawsuits are filed every day and may be prosecuted with or without DOJ’s assistance.
Alston & Bird counsels clients in all aspects of the FCA. In addition to defending against civil and criminal investigations, we have extensive experience in conducting internal investigations, routinely assist clients with creating or enhancing their compliance programs, and also serve as an Independent Review Organization in connection with Corporate Integrity Agreements.