Bob  portrait

Bob Rhoad

Partner

Robert Rhoad is a trial lawyer with over 25 years of experience and his primary area of focus is complex litigation involving the federal False Claims Act, state false claims laws, fraud and abuse matters, and criminal and civil government enforcement actions initiated by qui tam relators (whistleblowers) and/or brought by federal and state governmental authorities.

About

Robert Rhoad is a trial lawyer with over 25 years of experience and his primary area of focus is complex litigation involving the federal False Claims Act, state false claims laws, fraud and abuse matters, and criminal and civil government enforcement actions initiated by qui tam relators (whistleblowers) and/or brought by federal and state governmental authorities. In recognition of his success, among other accolades, Robert has been listed as a Washington, D.C. "Super Lawyer" by Super Lawyers® in the Civil Litigation category and as a "Top Lawyer" by Washingtonian magazine in the Whistleblower Defense category – one of only six attorneys so designated.

Since 2002, Robert has taught litigation and trial courses as an adjunct professor at The George Washington University Law School. He has also presented at numerous national conferences and has published scores of articles over the years. In 2015, he was the recipient of the prestigious Burton Award for Distinguished Legal Writing. Robert also currently serves as the co-chair of the American Bar Association Health Law Section's Ethics and Professionalism Committee and is vice chair of its Health e-Source Editorial Board.

Prior to entering private practice, Robert served for nearly six years as an attorney/officer in Navy Judge Advocate General's (JAG) Corps in successive assignments as a prosecutor, defense counsel, and civil litigation attorney. As both a prosecutor and defense counsel, Robert gained significant trial experience as lead counsel in numerous felony cases involving complex fraud issues. As a civil litigation attorney, he served as lead agency counsel for the Department of the Navy working with U.S. Attorney Offices throughout the country in the litigation and trial of cases on behalf of the Department of the Navy. He attained the rank of lieutenant commander and received numerous awards and commendations for his service as a Navy judge advocate and with the federal government.

Contact
Education

LL.M., The George Washington University Law School, 1999

J.D., Vermont Law School, 1994

B.A., University of Vermont, 1989

Experience

    False Claims Act / Qui Tam Matters
  • United States v. _____ (D. Md.). Lead Defense Counsel for company defendant and its President in connection with pending grand jury investigation involving allegations of fraud against Tricare.
  • Santander Bank, N.A. v. Revere Bank, No. 1:17-cv-01564 (D. Md. 2018). Lead Counsel for multiple witnesses in connection with civil dispute between Santander Bank, N.A. and Revere Bank
  • Santander Bank, N.A. v Branch Banking and Trust Company (“BB&T Corporation”), No. 1:17-cv-01669 (M.D. Pa.). Lead Counsel for multiple witnesses in connection with civil dispute between Santander Bank, N.A. and BB&T.
  • United States v. Cesta D. Newman and Newman Broadcasting, Inc., Case No. 16-1169 (D.D.C.) Lead Defense Counsel for Dr. Cesta Newman and Newman Broadcasting, Inc. in connection with False Claims Act action alleging fraud in connection with bidding credits awarded through an application for a broadcasting awarded by the Federal Communications Commission. False Claims Act allegations were dismissed with no admission of wrongdoing and no financial settlement by individual defendant.
  • United States v. Mark Gaver and Gaver Technologies, Inc., Case No. (D.Md. Lead counsel for multiple witness who were former employees of Santander Bank, N.A. in both criminal and civil prosecution against borrowers of bank.
  • United States ex re. Nedza et al. v. AIM Specialty Health et al., Case No. 1:1515-cv-06937 (N.D. Ill.). Lead Defense Counsel for Health First Health Plans in connection with False Claims Act/qui tam action alleging fraud against federal healthcare programs. Matter is currently pending.
  • United States ex rel. Robert R. Purcell v. MWI Corp., et al., Case No. 1:98-CV-02088 (D. D.C.). Lead Defense/Trial/Appellate Counsel for Moving Water Industries, Inc. (MWI) in connection with a long-running False Claims Act/qui tam action alleging fraud related to submissions to the Export-Import Bank of the United States, which financed loans issued to several Nigerian states for their purchase of pumping/irrigation equipment from MWI in the early 1990s. The case was originally filed in 1998. In 2002, the Government intervened and claimed trebled damages in excess of $222 million. During the month-long jury trial in federal court in 2013, the Government's common law claims were dismissed with prejudice and the trial resulted in a judgment of $0 damages on the Government's False Claims Act claims, notwithstanding a finding of liability as to one FCA count. The Government appealed the judgment on damages and MWI cross-appealed on liability. Following a marathon-long (two hour) oral argument at the D.C. Circuit on September 17, 2015 during which Mr. Rhoad argued in support of MWI's cross-appeal challenging the liability judgment, on November 24, 2015, the D.C. Circuit issued its opinion and judgment. Without ever reaching the government's appeal on the damages judgment, it granted MWI’s cross-appeal and reversed and remanded the liability finding against MWI with instructions for the district court to enter judgment in favor of MWI, fully and completely exonerating it of the claims brought against it. The government’s petitions for rehearing and rehearing en banc were denied as was the relator’s petition for a writ of certiorari to the Supreme Court. See United States ex rel. Purcell v. MWI Corp., 15 F. Supp. 3d 18 (D.D.C. 2014); United States ex rel. Purcell v. MWI Corp., 807 F.3d 281 (D.C. Cir. 2015), reh’g en banc denied, cert. denied, 137 S.Ct. 625 (2017).
  • United States ex rel. Lovern v. _____. Lead Counsel in threatened False Claims Act/qui tam action against national real estate holding firm. Relator and government declined to pursue case.
  • United States v. _____. Represent government contractor in connection with alleged fraud in provision of electronic supplies, equipment, and services to Department of Defense. Government declined to pursue case.
  • United States ex rel. Lovern v. _____. Lead Counsel in threatened False Claims Act/qui tam action against national real estate holding firm. Relator and government declined to pursue case.
  • United States ex rel. Lovern v. _____. Lead Counsel in threatened False Claims Act/qui tam action against financial services firm. Relator and government declined to pursue case.
  • United States ex rel. Lovern v. _____. Lead Counsel in threatened False Claims Act/qui tam action against private equity firm. Relator and government declined to pursue case.
  • United States ex rel. Lovern v. _____. Lead Counsel in threatened False Claims Act/qui tam action against insurance firm. Relator and government declined to pursue case.
  • United States et al., ex rel. Keith Werner v. CEP America, LLC, et al., Case No. 3:15- cv-00561-DRH-DGW (S.D. Ill). Lead Defense Counsel for physician/provider entities in a False Claims Act/qui tam action involving allegations of improper billing. Case was dismissed following filing of motion to dismiss. See United States et al., ex rel. Keith Werner v. CEP America, LLC, et al., Case No. 3:15-cv-00561-DRH-DGW (S.D. Ill) (Order, Dkt. 48, May 31, 2016).
  • United States ex rel. _____ v. _____ (under seal) (E.D. Va.). Lead Defense Counsel for national government I.T. contractor in connection with a False Claims Act/qui tam investigation regarding alleged fraud by subcontractor related to contract with federal agency. Case remains pending.
  • United States ex rel. Lori Morsell v. Symantec Corporation, Case No. 1:12-0800-RC (D. D.C.).Lead Defense Counsel for multiple former Symantec Corporation employees in connection with a False Claims Act/qui tam action alleging fraud related to the sale of products and services under GSA schedule. The Government intervened and Symantec’s motion to dismiss is pending. See United States ex rel. Lori Morsell v. Symantec Corporation, Case No. 1:12-0800-RC (D.D.C.).
  • _____ v. _____ (D.D.C.). Lead Defense Counsel for publicly chartered private corporation in connection with a False Claims Act retaliation action alleging fraud. The case was settled for nominal amount and dismissed following our filing of a motion to dismiss.
  • United States ex rel. Prescott Lovern v. The Prudential Insur. Co. Of America, et al., Case No. 1:12-cv-00704 (D.D.C.). Lead Defense Counsel for Zurich American Insur. Co. in connection with a False Claims Act/qui tam action alleging fraud related to grant funding for a renewable energy project under the American Recovery and Reinvestment Act of 2009. The Government did not intervene. All claims were dismissed with prejudice and relator’s appeal to the D.C. Circuit was also dismissed. See United States ex rel. Prescott Lovern v. The Prudential Insur. Co. Of America, et al., Case No. 1:12-cv-00704 (D.D.C.)(Minute Order, January 22, 2014); United States ex rel. Prescott Lovern v. Deutsche Bank Trust Co. Americas, et al., No. 14-7186 (D.C. Cir.) (Per Curiam opinion, May 6, 2015).
  • United States ex rel. Joseph Morgan v. ManTech International Corporation, et al., Case No. 1:13-cv-01289-TSC (D.D.C.). Lead Defense Counsel for ManTech International Corporation in connection with a False Claims Act/qui tam action alleging fraud related to maintenance of armored vehicles in Afghanistan. The Government did not intervene and the case was dismissed. See United States ex rel. Joseph Morgan v. ManTech International Corporation,et al., Case No. 1:13-cv-01289-TSC (D.D.C.) (Order, September 4, 2014).
  • United States ex rel. _____ v. _____ (under seal) (C.D. Cal.). Lead Defense Counsel for national telecommunications firm in a False Claims Act/qui tam retaliation case involving allegations of false claims in connection with the provision of voice-mail services for several government agencies. The Government did not intervene. Retaliation claims settled for nuisance value and dismissed with prejudice.
  • United States et al. ex rel Patricia Critz v. ProStrakan, Inc., Case No. 2:12-cv-02425 (W.D. Tenn.). Lead Defense Counsel for brand name pharmaceutical company, ProStrakan, Inc., in a False Claims Act/qui tam retaliation case involving allegations of off-label promotion. The Government did not intervene. Retaliation claims settled for nuisance value and case was dismissed with prejudice. See United States et al. ex rel Patricia Critz v. ProStrakan, Inc., Case No. 2:12-cv-02425 (W.D. Tenn.) (Judgment, December 20, 2013).
  • United States ex rel. Michael Lindley v. The Gallup Organization, (D.D.C.). Lead Defense Counsel for The Gallup Organization in a False Claims Act/qui tam action involving parallel criminal and civil proceedings involving allegations of violations of 18 U.S.C. § 207 (conflicts of interest), 18 U.S.C. § 287 (criminal False Claims Act), 41 U.S.C. § 423 (Procurement Integrity Act) and the civil False Claims Act. The False Claims Act claims alleged improper bid pricing in connection with nearly 30 different contracts with eight separate federal agencies. Government intervened only as to claims related to three contracts with two federal agencies. Criminal allegations resolved through non-prosecution agreement and civil False Claims Act allegations resolved just prior to filing of motions to dismiss for small fraction of alleged single damages and previously imposed suspension was lifted.
  • United States ex rel _____ v. _____ (under seal) (E.D. Va.). Lead Defense Counsel for physician in a False Claims Act/qui tam action involving allegation of "upcoding" and billing for services not rendered for palliative/hospice care. Allegations involving physician client resolved with no criminal or civil liability.
  • United States ex rel. _____ v. _____, (under seal) (C.D. Cal.). Lead Defense Counsel for national telecommunications firm in a False Claims Act/qui tam action alleging retaliation related to alleged False Claims Act violations related to provision of telecommunication services to government agencies. Case successfully resolved for nuisance value through mediation and dismissed with prejudice.
  • United States ex rel. Ven-A-Care of the Florida Keys v. Actavis Mid Atlantic LLC, et al., Case No. 08-cv-10852 (D. Mass.). Lead Defense Counsel for Actavis Mid Atlantic LLC in False Claims Act/qui tam action alleging pharmaceutical price reporting fraud in violation of the False Claims Act in connection with In re: Pharmaceutical Industry Average Wholesale Price Litigation, MDL No. 1456, Case No. 01-CV-12257 (D. Mass.). The Government did not intervene. Case successfully resolved through settlement following protracted litigation and dismissed with prejudice.
  • Commonwealth of Kentucky, ex rel. Jack Conway, Attorney General v. Alpharma USPD, Inc., et al., Case No. 04-CI-1487, Commonwealth of Kentucky, Franklin Circuit Court, Div. I. Lead Defense Counsel for Actavis Mid Atlantic LLC and its affiliated companies in case alleging violations of the Kentucky Consumer Protection Act, Medicaid Fraud Statute, False Advertising Statute, and General Recovery Statute. Case successfully resolved through settlement following summary judgment motion hearing and on eve of trial for fraction of claimed single damages and dismissed with prejudice.
  • United States v. John B. Torkelsen, et al., Case No.2:06-CV-05674 (E.D. Pa.). Lead Defense Counsel for individual defendants in a False Claim Act case alleging fraud under the U.S. Small Business Administration's Small Business Investment Company (SBIC) Program. The False Claims Act action was brought in conjunction with separate receivorship and tort actions against these and other defendants. Following litigation, the False Claims Act claims were resolved successfully as part of a global resolution of all pending actions, including the receivership action for which judgment had previously been entered and for less than the judgment previously imposed.
  • United States ex rel. Patricia Howard v. USA Environmental, Inc., Case No. 8:06- CV-00027 (M.D. Fla.); Patricia Howard v. USA Environmental, Inc., Case No. 09-11866 (11th Cir.). Lead Defense/Appellate Counsel for USA Environmental, Inc. (USAE) in qui tam action under the False Claims Act alleging fraud by USAE in conjunction with contract with the U.S. Army to dispose of unexploded ordinance in Iraq and retaliation. The Government did not intervene. All fraud claims were dismissed with prejudice upon USAE's motion to dismiss. Amended complaint was then filed on retaliation claim and it was dismissed with prejudice upon USAE's renewed motion to dismiss. Judgment entered in favor of USAE and against the Relator on all claims alleged. Affirmed by 11th Circuit on appeal. See U.S. ex rel. Patricia Howard v. USA Environmental, Inc., 2009 WL 113444 (M.D. Fla.) (dismissing FCA fraud claims with prejudice and FCA retaliation claim without prejudice); United States ex rel. Patricia Howard v. USA Environmental, Inc., 2009 WL 652433 (M.D. Fla.) (dismissing FCA retaliation claim and entire case with prejudice); United States ex rel. Patricia Howard v. USA Environmental, Inc., No. 09-11866 (11th Cir. 2010) (Per Curiam decision affirming dismissal with prejudice) (March 5, 2010).
  • United States ex rel. DRC, Inc. et al. v. Custer Battles, LLC, et al. , Case No. 1:04- CV-00199 (E.D. Va.); U.S. ex rel. DRC, Inc. et al. v. Custer Battles, LLC, et al., Case No. 07-1220 (4th Cir.). Lead Defense/Trial/Appellate Counsel for Custer Battles Defendants (i.e., Custer Battles LLC and its affiliated companies and principles) in qui tam action under the False Claims Act alleging fraud in conjunction with two contracts Custer Battles, LLC had with the Coalition Provisional Authority (CPA) in Iraq to provide security support services for the Baghdad International Airport (BIAP Contract) and support services for the Iraqi Currency Exchange Program (ICE Contract). Summary judgment granted in favor of the Custer Battles Defendants on all of the False Claims Act fraud claims regarding the BIAP Contract. Judgment as a matter of law was granted in favor of Custer Battles Defendants on all of the False Claims Act fraud claims regarding the ICE Contract following a month-long trial. The Government did not intervene in the District Court proceedings, but did file a brief and present argument as amicus curiae on appeal to the 4th Circuit. On appeal, the judgment on the BIAP Contract claims was affirmed and the judgment on the ICE Contract claims was reversed and remanded for further proceedings. See U.S. ex rel. DRC, Inc., et al. v. Custer Battles, LLC, et al., 376 F.Supp.2d 617 (E.D. Va. 2005) (granting in part and denying in part summary judgment); U.S. ex rel. DRC, Inc., et al. v. Custer Battles, LLC, et al., 444 F.Supp.2d 678 (E.D. Va. 2006) (judgment as a matter of law and dismissal of ICE Contract claims); U.S. ex rel. DRC, Inc., et al. v. Custer Battles, LLC, et al., 472 F.Supp.2d 787 (E.D. Va. 2007) (summary judgment on and dismissal of BIAP Contract claims); U.S. ex rel. DRC, Inc., et al. v. Custer Battles, LLC, et al., 562 F.3d 295 (4th Cir. 2009).
  • U.S. ex rel. Rory Mayberry, et al. v. Custer Battles, LLC, et al., Case No. (E.D. Va.). Consulting Counsel for Custer Battles, LLC (and its affiliated companies and principles) inqui tam action under the False Claims Act alleging fraud and improper transfer by Custer Battles, LLC of its contracts with the Coalitional Provisional Authority (CPA) in Iraq and Iraq assets to an alleged "sham" successor entity to evade the effect of a Government suspension order. The Government did not intervene in the case. While summary judgment motions were pending, the case was dismissed and Relator Mayberry and his counsel were admonished and sanctioned for egregious discovery violations.
  • United States ex rel. Bradford Hunt, et al. v. Merck-Medco Managed Care, LLC, et al., Case No. 00-cv-737 (E.D. Pa.). Plaintiffs'/Relators' Counsel in qui tam action under the False Claims Act alleging fraud by a national pharmacy benefit management company (PBM) related to services performed for federal health plans. The Government intervened in the case, which was litigated aggressively for several years, and which was settled for approximately $185 million just prior to summary judgment/trial. It was one of the largest False Claims Act settlements at the time and was the largest civil settlement in Pennsylvania in 2006-2007. See U.S. ex rel. Hunt, et al. v. Merck- Medco Managed Care, LLC, et al. , 336 F. Supp. 2d 430 (E.D. Pa., 2004); U.S. ex rel. Hunt, et al. v. Merck- Medco Managed Care, LLC, et al., 340 F. Supp. 2d 554 (E.D. Pa. 2004); U.S. ex rel. Hunt, et al. v. Merck- Medco Managed Care, LLC, et al., 223 F.R.D. 330 (E.D. Pa. 2004).
  • U.S. ex rel. _____ v. _____, (under seal) (D. Mass.). Defense Counsel for a large, national health managed care organization in (criminal and civil) False Claims Act case involving allegations of fraud and conspiracy related to agreements with several pharmaceutical manufacturers to purportedly circumvent provisions under the Medicaid "Best Price" statute. Initially, the Government considered our client as the "hub" of the alleged conspiracy. Although several other subjects of the Government's investigation (pharmaceutical manufacturers) eventually entered criminal pleas and/or reached multi-million dollar civil settlements with the Government (involving Corporate Integrity Agreements), we successfully convinced the Government to decline further prosecution and to abandon civil enforcement against our client, relieving it of any further criminal or civil exposure and avoiding the imposition of a Corporate Integrity Agreement.
  • U.S. ex rel. _____ v. _____, (under seal) (S.D. Ohio). Lead Defense Counsel for national durable medical equipment (DME) manufacturer/supplier in qui tam action brought under the False Claims Act alleging fraud related to certifications made in conjunction with sales of medical equipment through federal programs. The Government did not intervene and the case was dismissed.
  • U.S. ex rel. _____ v. _____, (under seal) (S.D. Ohio). Lead Defense Counsel for national manufacturer of armored vehicles/Defense contractor in qui tam action brought under the False Claims Act alleging fraud related to certifications made in conjunction with armored vehicles manufactured under contract with the Army. The Government did not intervene and the case was dismissed.
  • U.S. v. Valenzuela Engineering, Inc., (E.D. Cal.). Defense Counsel for national engineering and construction firm in (criminal and civil) False Claims Act case alleging various acts of fraud related to contracts with the Air Force and U.S. Army Corps of Engineers. Our client, which was originally central to the Government's investigation, was completely vindicated and was neither indicted nor entered into a civil settlement with the Government.
  • U.S. ex rel: _____ v. _____, (under seal) (D.D.C.). Defense Counsel for large, non-profit humanitarian relief organization/NGO in qui tam action brought under the False Claims Act alleging fraud in conjunction with contracts/grants with the U.S. Agency for International Development to support various agri-business programs in eastern Europe. The Government did not intervene and the case was dismissed.
  • U.S. v. Powell, et al., Case No. 00cr0054-02 (D.D.C.). Defense Counsel for alleged coconspirator in criminal case involving various fraud allegations related to contracting activities in conjunction with the sale of computer equipment to the Government through contracts with the National Aeronautics and Space Administration (NASA). As a result of our efforts, our client was not indicted and the Government declined to pursue criminal prosecution or civil settlement.
  • Healthcare/Antitrust & Other Affirmative Recovery Matters
  • In re Flonase Antitrust Litig., Case No. 12-cv-4212 (E.D. Penn.). Lead Counsel for group of health plans in connection with complex antitrust litigation seeking recovery of overpayments made for brand name drug Flonase due to allege anticompetitive conduct. Successful settlement achieved.
  • Health Health Care Services Corp, Inc., et al. v. Mylan Pharmaceuticals, Inc., et al., Case No. 01-2646 (MDL Docket No. 1290, Misc. No. 99-ms-276) (D.D.C.); Health Care Services Corp, Inc., et al. v. Mylan Pharmaceuticals, Inc., et al., Case Nos. 08-5044, 08-5045 (D.C. Cir.); In re: Lorazepam & Clorazepate Antitrust Litig., 1707135 (D.C. Cir.) (consolidated under the MDL captioned as In re Lorazepam & Clorazepate Antitrust Litig., MDL Docket No. 1290, Misc. No. 99-ms-276) (D.D.C.)). Plaintiff's and Lead Appellate Counsel for Plaintiff-Appellee, Health Care Services Corp. and its operating divisions of Blue Cross Blue Shield of Illinois, Blue Cross Blue Shield of Texas, and Blue Cross Blue Shield of New Mexico (HCSC). Lead counsel for HCSC in antitrust litigation. After HCSC elected to opt-out of an underlying class litigation/settlement, and after several additional years of litigation, the case was tried to verdict in a month-long jury trial. The jury returned a verdict for HCSC on all claims and for all damages alleged. It was the first indirect purchaser/third-party payor case involving the pharmaceutical industry actually tried to verdict. Following verdict, the damages award for Plaintiffs was trebled and enhanced by the Court and currently amounts to nearly $80 million (over twice the amount of the nationwide class settlement). The case was settled upon its second appeal to the D.C. Circuit in favor of Plaintiffs/Appellees.
  • In re: Plavix Direct Purchaser Antitrust Litigation , Case No. 1:06-cv-00202 (MHW) (S.D. Ohio) and In re: Plavix Indirect Purchaser Antitrust Litigation, Case No. 1:06-cv-00226 (MHW) (S.D. Ohio). Lead Counsel for Plaintiff class members Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals as both direct purchasers and indirect purchasers in conjunction with complex antitrust litigation against Bristol-Myers Squibb Co., Sanofi-Aventis, Sanofi-Synthelabo, Inc., Sanofi-Aventis U.S. L.L.C., Bristol-Myers Squibb Sanofi Pharmaceutical Holding Partnership, and Apotex Corporation seeking recovery of overpayments due to Defendants' alleged anticompetitive conduct in the market for clopidogrel bisulfate tablets (including Plavix®).
  • In re: Vioxx Marketing Fraud Litigation, (619-TPP) (N.J. Sup. Ct. - Atlantic County Division). Lead Plaintiff's counsel for Excellus Health Plan, Inc., Blue Cross Blue Shield of Minnesota, Blue Cross, Blue Shield of Nebraska, and Blue Cross of Idaho in, respectively, individual actions captioned as: Excellus Health Plan, Inc., et al. v. Merck, Inc., Case No. L-4354-08 (N.J. Sup. Ct. - Atlantic County Division), Blue Cross Blue Shield of Minnesota, et al. v. Merck, Inc., Case No. L-4355-08 (N.J. Sup. Ct. - Atlantic County Division), Blue Cross and Blue Shield of Nebraska, et al. v. Merck, Inc., Case No. L-4356-08 (N.J. Sup. Ct. - Atlantic County Division), and Blue Cross of Idaho Health Service, Inc. v. Merck, Inc., Case No. L-3019-09 (N.J. Sup. Ct. - Atlantic County Division). These actions sought recovery of overpayments for the prescription drug Vioxx® based on state statutory and common law claims due to alleged marketing fraud. After intensive litigation, including discovery and dispositive motions, successful settlements were achieved.
  • In re: Vioxx Products Liability Litigation, Case No. MDL 1657 (E.D. La.). Individual Plaintiffs' Counsel for group of health insurers/third party payors seeking subrogation recovery against proceeds to be paid from $4.85 billion settlement to claimants who were members of and received health benefits for the treatment of Vioxx-related conditions. After litigating on our clients' behalf, a settlement was achieved through which a lien resolution program was established to allow for the efficient and effective subrogation recovery by health insurers/third party payors through the underlying settlement.
  • In re: Oxycontin Antitrust Litigation, Case No. 1:04-md-01603 (SHS) (S.D.N.Y.). Lead Counsel for Plaintiff class members Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals as both direct purchasers and indirect purchasers in conjunction with complex antitrust litigation against Purdue Pharma L.P seeking recovery of overpayments made by Kaiser due to alleged anticompetitive conduct in the market for OxyContin® and its generic equivalents. After extensive litigation, settlements have been reached in principle and are pending.
  • U.S. ex rel. Bradford Hunt, et al. v. Merck-Medco Managed Care, LLC, et al., Case No. 00- cv-737 (E.D. Pa.). Plaintiffs'/Relators' Counsel in qui tam action under the False Claims Act alleging fraud by a national pharmacy benefit management company (PBM) related to services performed for federal health plans. The Government intervened in the case, which was litigated aggressively for several years, and which was settled for approximately $185 million just prior to summary judgment/trial. It is one of the largest False Claims Act settlements and was the largest civil settlement in Pennsylvania in 2006-2007. See U.S. ex rel. Hunt, et al. v. Merck- Medco Managed Care, LLC, et al. , 336 F. Supp. 2d 430 (E.D. Pa., 2004); U.S. ex rel. Hunt, et al. v. Merck- Medco Managed Care, LLC, et al., 340 F. Supp. 2d 554 (E.D. Pa. 2004); U.S. ex rel. Hunt, et al. v. Merck- Medco Managed Care, LLC, et al., 223 F.R.D. 330 (E.D. Pa. 2004).
  • In re: Buspirone Antitrust Litigation, MDL No. 1413 (S.D.N.Y.) . Lead Counsel for Plaintiff class members Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals as both direct purchasers and indirect purchasers in conjunction with complex antitrust litigation against Bristol-Myers Squibb (BMS), Danbury Pharmacal, Inc., Watson Pharmaceuticals, Inc., and Watson Pharma, Inc. It was alleged that BMS unlawfully impaired the ability of generic manufacturers from entering the buspirone market to compete with its buspirone product sold under the brand name BuSpar®. The case settled following dispositive motions, with direct purchaser/payors receiving approximately $220 million and indirect purchaser/ health plans and payors receiving approximately $90 million. Kaiser received millions of dollars through these settlements and its recovery, net of attorneys' fees, was in excess of 100% of its overpayments. Kaiser also received an award of attorneys' fees and costs through the direct purchaser class settlement.
  • Oncology & Radiation Associates, P.A. v. Bristol Myers Squibb Co., et al., Case No. 1:01-cv-02313 (D.D.C.). Lead Counsel for Plaintiff class members Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals as both direct purchasers and indirect purchasers in conjunction with complex antitrust litigation against Bristol-Myers Squibb (BMS) and American BioScience, Inc. It was alleged that BMS unlawfully monopolized the U.S. market for paclitaxel, a cancer drug discovered and developed by the United States Government, which BMS sold under the brand name Taxol®. BMS' scheme included a conspiracy with American BioScience, Inc., a generic manufacturer, to block generic competition. The case settled following dispositive motions for more than $65 million. Kaiser received millions of dollars through this settlement.
  • Blue Cross Blue Shield of Michigan, et al. v. Aventis S.A., et al., Case No. 2:01-cv-72806 (E.D. Mich.). Plaintiffs' Counsel for Blue Cross and Blue Shield of Massachusetts, Blue Cross Blue Shield of Michigan, Blue Cross and Blue Shield of Minnesota, and Excellus Blue Cross Blue Shield in conjunction with complex antitrust litigation against Aventis S.A. and Andrx seeking recovery of overpayments due to Defendants' alleged anticompetitive conduct in the market for Cardizem CD®. After these Plaintiffs elected to opt-out of underlying indirect purchaser class litigation and after intensive opt-out litigation, a successful settlement was achieved.
  • In re: Cardizem CD Litigation, MDL No. 1278 (E.D. Mich.). Counsel for Plaintiff class members Kaiser, United Healthcare, Blue Cross and Blue Cross Blue Shield of Michigan, Blue Shield of Massachusetts, Blue Cross Blue Shield of Michigan, Blue Cross and Blue Shield of Minnesota, and Excellus Health Plan, Inc. in conjunction with complex antitrust litigation seeking recovery of overpayments for Cardizem CD® and related products based on alleged anticompetitive conduct of Defendants relative to a "reverse" payment settlement whereby Aventis would pay Andrx (the maker of an FDA-approved, therapeutically equivalent, generic substitute for Cardizem CD®) millions of dollars to delay the entry of the lessexpensive Andrx product. After extensive litigation, the case settled and multi-million recoveries were achieved for those electing to participate in the settlement, while others (as referenced above) elected to opt-out and pursued successful independent recovery litigation.
  • In re: Lorazepam & Clorazepate Litigation, MDL Docket No. 1290, Misc. No. 99- ms-00276 (D.D.C.). Counsel for Plaintiff class members, including 17 health insurers/third party payors in conjunction with complex antitrust litigation against Mylan Laboratories, Mylan Pharmaceuticals, Gyma Corporation, and Cambrex Corporation seeking recovery of overpayments due to Defendants' anticompetitive conduct in the markets for lorazepam (generic equivalent of Ativan®) and clorazepate (generic equivalent of Tranxene®). The indirect purchaser component of the settlement was approximately $35 million. Although the majority of the individual member of our group elected to participate in the settlement, some of our health plan/payor clients, including HCSC (as referenced above) elected to opt-out and pursued successful independent recovery litigation.
  • Blue Cross of California, et al. v. SmithKline Beecham, et al., Case No. 97-cv-01795 (D. Conn.). Plaintiffs' Counsel for a large group of 37 health insurers/third party payors against SmithKline Beecham for alleged unlawful laboratory services based on RICO and common law fraud claims. After intensive litigation, a substantial settlement (confidential) was ultimately achieved.
  • In re: Synthroid Marketing Litig., Case No. 1:97-cv- 06017 (N.D. Ill.). Plaintiffs' Counsel for a large group of 18 health insurers/third party payors in conjunction with complex litigation against Knoll Pharmaceutical Company/BASF seeking recovery of overpayments due to alleged anticompetitive conduct of Knoll by misleading physicians and patients into keeping patients on Synthroid® despite knowing that less costly, but equally effective drugs were available. This case resulted in a settlement of $87.4 million settlement with Knoll and its parent company, BASF Corporation, on behalf of a class of all consumers who purchased Synthroid®. Blue Cross and Blue Shield of Massachusetts, Blue Cross Blue Shield of Michigan and Blue Cross and Blue Shield of Minnesota – opted-out and filed their own case, which ultimately settled on favorable terms.
  • Miscellaneous Notable Matters
  • State of Florida v. Crosley Green in State of Florida v. Crosley Green, Case No. 051989CF004942AXXX (Cir. Ct. 18th Jud. Cir., Brevard Co., FL). Co-Lead Post-Conviction Counsel in pro bono/death penalty case for Florida inmate, Crosley Green, who had been sentenced death and confined on Death Row, awaiting execution, for 19 years. As a result of our initial efforts, Mr. Green's death sentence was set aside/vacated and through subsequent efforts, won habeas corpus relief for Mr. Green from the U.S. District Court for the Middle District of Florida. See also, Green v. Secretary, Department of Corrections et al., No. 6:14- cv-00220-RBD-TBS (M.D. Fla.); Green v. Secretary, Department of Corrections, No. 16-10633 (11th Cir. 2017); and Green v. Secretary, Department of Corrections et al, No. 6:14-cv-00330- RBD-TBS (M.D. Fla. July 27, 2018).
  • The Barac Co. v. Claudia Deloatch LTB 035683 (Sup. Ct. D.C. 2014). Co-Lead Counsel in pro bono case advocating for rights of indigent tenant for relief from lease of inhabitable apartment.
  • Monika Nickerson, et al. v. United States, Case No. 1:03-cv-00909 (D. Col.). Lead Plaintiffs' counsel in medical malpractice case against the United States/U.S. Department of the Army brought under the Federal Tort Claims Act. After extensive litigation and prior to trial, a successful settlement was achieved.
  • Matthew Dahl, et al. v. United States, (D.D.C.). Lead Plaintiffs' counsel in medical malpractice case against the United States/U.S. Department of the Army brought under the Federal Tort Claims Act. The case resulted in a successful settlement in favor of Plaintiffs of more than $1.5 million.
  • Chesapeake Center, Inc. v. Blue Cross and Blue Shield of North Carolina, et al., (Circuit Court, Fairfax Co., VA). Lead Defense Counsel for Anthem Blue Cross and Blue Shield in a case involving a payment dispute under the federal TRICARE Program where Anthem served as an intermediary. After extensive litigation, the case against Anthem was dismissed.
  • Medassist-Op, Inc. v. Donna Shalala, et al, Case No. 1:00-cv-01829 (D.D.C.). Lead Defense Counsel for AdminaStar Federal in a case involving a payment dispute under federal health programs where AdminaStar Federal served as an intermediary. After extensive litigation, the case against AdminaStar Federal was dismissed.
  • Keila Duncan, et al. v. United States, Case No. 97-cv-01248 (D. Md.). Co-Lead Defense/ Trial Counsel for the U.S. Department of the Navy in medical malpractice (obstetrical/wrongful death) case brought against the Navy under the Federal Tort Claims Act. The case was tried to judgment in favor of the U.S. Government/U.S. Department of the Navy.
Contact
Education

LL.M., The George Washington University Law School, 1999

J.D., Vermont Law School, 1994

B.A., University of Vermont, 1989

Practice & Expertise

  • Antitrust and Competition
  • Government Contracts, Investigations International Trade
  • False Claims Act
  • Public Policy and Government Affairs
  • Healthcare
  • Litigation
  • White Collar Defense and Corporate Investigations
Contact
Education

LL.M., The George Washington University Law School, 1999

J.D., Vermont Law School, 1994

B.A., University of Vermont, 1989

Recognition & Affiliations

  • Supreme Court of the United States
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Armed Forces
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Southern District of Illinois
  • U.S. Court of Appeals for the Armed Forces
  • U.S. Court of Federal Claims
  • U.S. Tax Court
  • District of Columbia
  • State of Vermont (inactive)
  • Washington D.C. Super Lawyers, Civil Litigation, 2014-2018
  • Washingtonian "Top Lawyers," Whistleblower Defense, 2014-2018
  • Acritas “Star Lawyer,” 2018
  • White Collar Criminal Defense and Corporate Investigations, Legal 500, 2017
  • Government Contracts, Legal 500, 2017
Contact
Education

LL.M., The George Washington University Law School, 1999

J.D., Vermont Law School, 1994

B.A., University of Vermont, 1989

Insights

    Articles
  • “False Claims Act Litigation Update: Supreme Court Decision Broadens the Target List of Potential Defendants, But Imposes Materiality Defense,” ACC Docket, July 16, 2018
  • "Feature Comment: Lessons Learned On The Second Anniversary Of Universal Health Servs., Inc. v. U.S. ex rel. Escobar, The Government Contractor, Vol. 60, No. 21, June 6, 2018"
  • “The Story So Far: What We Know About FCA Litigation on the Second Anniversary of Universal Health Services, Inc. v. United States ex re. Escobar,” The Health Lawyer, Vol. 30, No. 5, ABA Health Law Section, June 2018
  • Statistical Sampling Lowers Bar for Plaintiffs in False Claims Cases, Daily Journal, May 17, 2018
  • Mylan Settles With Most Insurers In $67M Antitrust Appeal Law360, May 2, 2018
  • Courts Remain Skeptical Of FCA Statistical Arguments Law360, April 10, 2018
  • Fraud, Debarment & Suspension Conference Briefing Paper, West Government Contracts Year In Review Conference, Washington, DC, February 23, 2018.
  • "Feature Comment: Making Fuzzy Math Less Fuzzy—a Practical Guide for Litigating and Winning False Claims Act Cases Involving Statistical Sampling, The Government Contractor, Vol. 59, No." 35, September 27, 2017
  • "Feature Comment: Right on the Bullseye? Fourth Circuit Takes Its Shot at Applying Escobar’s Materiality Standard After Scotus Sends Iraqi Security Guard Case Back for Further Consideration, The Government Contractor, Vol. 59, No. 21, June 7, 2017" "Live By the Sword, Die By the Sword: Making the False Claims Act’s Attorney Fee Provisions Equitable, Westlaw Journal: Government Contract Expert Analysis, Vol. 31, May 8, 2017"
  • MWI Case Shows The False Claims Act Needs A Change, Law360, March 21, 2017
  • U.S. Can Veto FCA Settlements, Fourth Circuit Holds, The Government Contractor, Vol. 59, No. 9, March 8, 2017
  • West Year In Review - Fraud Debarment and Suspension,” Thomson-Reuters West Year-In-Review Conference Briefs (January 5, 2017). Co-Authors: Robert Rhoad and W. Stanfield Johnson.
  • "Fraud, Debarment & Suspension Conference Briefing Paper," West Government Contracts Year In Review Conference, Washington, D.C., February 14-17, 2017
  • "Seal Violation Does Not Require Dismissal, Supreme Court Holds," The Government Contractor, Vol. 58, No. 46, December 14, 2016
  • "Feature Comment: Weathering The Storm: Forecasts For FCA Enforcement In The Trump Era," The Government Contractor, Vol. 58, No. 44, November 22, 2016
  • "Feature Comment: Sealed To Perfection? Supreme Court Considers What To Do When A Relator Violates The FCA Seal Requirement," The Government Contractor, Vol. 58, No. 42, November 9, 2016
  • "Feature Comment: Frankenstein’s Monster Is (Still) Alive: Supreme Court Recognizes Validity Of Implied Certification Theory,” The Government Contractor, Vol. 58, No. 24, June 22, 2016
  • "Feature Comment: Tainted Love - Plaintiffs' Increasing Reliance on the 'Tainted Claim' Theory of Damages," The Government Contractor, Vol. 58, No. 19, May 11, 2016
  • "Supreme Court Hears Arguments on FCA Implied Certification Theory," Crowell & Moring's Whistleblower Watch, April 19, 2016
  • "Feature Comment: Walking the Line: Balancing Legitimate Interests and Compliance with New FAR Requirements for Confidentiality Agreements," The Government Contractor, Vol. 58, No. 9, 2-Mar-16
  • "Feature Comment: Extrapolation In FCA Litigation: A Statistical Anomaly Or A Tactic Here To Stay?," The Government Contractor, Vol. 58, No. 2, January 13, 2016
  • "Cert Granted on Implied Certification Theory," Crowell & Moring's Whistleblower Watch, December 9, 2015
  • "United States v. AseraCare: A Look at the First, and Perhaps Last) Bifurcated FCA Trial," Crowell & Moring's Whistleblower Watch, December 2, 2015
  • "FEATURE COMMENT: The Emerging Scope of the Implied Certification Theory of FCA Liability – A Scalpel Or A Bludgeon?," The Government Contractor, Vol. 57, No. 31, August 19, 2015
  • "Heightened Notice Presumption Still Applicable After Amendments to FCA Retaliation Statute," Crowell & Moring's Whistleblower Watch, May 22, 2015
  • "Senators Announce Formation of Whistleblower Protection Caucus," Crowell & Moring's Whistleblower Watch, February 26, 2015
  • West Year In Review - Fraud Debarment and Suspension,” Thomson-Reuters West Year-In-Review Conference Briefs (December 21, 2015). Co-Authors: Robert Rhoad and W. Stanfield Johnson.
  • "Ethical Issues Arising in Health Care Fraud Investigations and False Claims Act Qui TamCases," The Health Lawyer, Vol. 27, No. 1, ABA Health Law Section, October 2014
  • "Supreme Court to Take Up Major False Claims Act Case Involving Wartime Suspension of Limitations Act and First-to-File Bar," Bloomberg BNA Federal Contracts Report, 102 FCR 47, July 8, 2014
  • "FEATURE COMMENT: The 'Pending' Pickle with the FCA's First-To-File Bar," The Government Contractor, Vol. 56, No. 21, June 4, 2014
  • "Negotiating False Claims Act Settlements," Crowell & Moring's Government Contracts Legal Forum, March 26, 2014
  • "Negotiating False Claims Act Settlements," West Briefing Papers, No. 14-3, February 2014 "Ethical Issues in Managing Internal Investigations and Handling False Claims Act Qui TamCases Involving the Life Sciences Industry," ABA Health Law Section's 15th Annual Conference on Emerging Issues in Healthcare Law Coursebook, February 2014
  • "FEATURE COMMENT: The Growing Split Over Whether The FCA's Public Disclosure Bar Is Still A Jurisdictional Limitation," The Government Contractor, Vol. 55, No. 33, September 11, 2013
  • "The Growing Split Over Whether the FCA's Public Disclosure Bar is Still a Jurisdictional Limitation," Crowell & Moring's Government Contracts Legal Forum, August 26, 2013
  • "FEATURE COMMENT: New Questions Regarding The Jurisdictionality Of The FCA's Public Disclosure Bar: Potential Hurdles And Increased Costs In Defending Against Parasitic Qui Tam Actions," The Government Contractor, Vol. 55, No. 12, March 27, 2013
  • "Ethical Issues in Managing Internal Investigations and Handling Pre-Unsealing Stages of FCA Qui Tam Cases involving the Health Care Industry," ABA Health Law Section’s 14th Annual Conference on Emerging Issues in Healthcare Law Coursebook, February 2013
  • "Litigation Forecast 2013: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication, January 2013
  • "Healthcare Executives In the Crosshairs: Navigating the Emerging Threat of Prosecution and Exclusion Under the Responsible Corporate Officer Doctrine," The Health Lawyer, Vol. 24, No. 5, ABA Health Law Section, June 2012
  • "Responsible Corporate Officer Doctrine Enforcement in the Health Care Industry: Managing An Emerging Threat to Officers, Executives, and In-House Counsel," American Bar Association 29th Annual National Institute on White Collar Crime Coursebook, March 2012
  • "Settling False Claims Act Cases in the Healthcare Fraud and Enforcement World: Tips and Traps for Providers and Payors,"American Health Lawyers Association’s 2011 Fraud & Compliance Forum Coursebook, September 2011
  • "False Claims Act Fundamentals and Compliance: New Requirements and New Challenges for the Health Care Industry," 2011 Physicians and Physician Organizations Law Institute / Hospitals and Health Systems Law Institute Manual, American Health Lawyers Association, February 2011
  • "When Does a Breach of Contract Violate the False Claims Act?," BNA's Federal Contracts Report, Dec-10
  • "Certification Certitude: The Fifth Circuit Rejects Broad False Claims Act Liability Theory, "The Legal Pulse Blog, Washington Legal Foundation, November 2010
  • "Fundamentals Of False Claims Act And Qui Tam Enforcement In The Health Care Industry, "Second Annual Fundamentals of Florida Health Care Law Manual, Florida Bar Association Continuing Legal Education Committee and Health Law Section, September 17, 2010
  • "Whistling While They Work: Limiting Exposure In The Face Of The PPACA's Invitation To Employee Whistleblower Lawsuits," The Health Lawyer, Vol. 22, No. 6, ABA Health Law Section, August 2010
  • "The Patient Protection And Affordable Care Act's Open Invitation To False Claims Act Whistleblowers: Risk Mitigation Strategies For Health Care Entities,"2010 Healthcare Reform Law Resource Guide, American Health Lawyers Association, June 2010
  • "A Gathering Storm: The New False Claims Act Amendments And Their Impact On Health Care Fraud Enforcement," The Health Lawyer, Vol. 21, No. 6, ABA Health Law Section, August 2009
  • "Blues Plans Beware: The New False Claims Act Amendments And Their Impact On Health Care Entities, "Blue Cross Blue Shield Association Legal Affairs Bulletin, No. 1002, July 2009
  • "A Brave New World: Recent False Claims Act Amendments And Their Impact On Health Care Entities, "ABA Health e-Source, Vol. 5, No. 11, July 2009
  • "Asserting The Government's Duty To Preserve In False Claims Act Litigation: Abbott Laboratories Seeks Sanctions For DOJ Spoliation In Health Care Fraud Case," ABA Health e-Source, Vol. 5, No. 11, July 2009
  • "Abbott Laboratories Seeks Sanctions For Alleged DOJ Spoliation in FCA Case," American Health Lawyers' Association Fraud and Abuse Practice Group E-Mail Alert, June 16, 2009
  • "New False Claims Act Amendments Significantly Impact Health Care Entities And Their 'Obligations' Regarding Overpayments," Crowell & Moring Health Law Alert, May 27, 2009
  • "Supreme Court's Allison Engine Decision's Potential Impact On False Claims Act Enforcement In Healthcare Cases," ABA Health eSource, Vol. 4, No. 12, August 2008
  • "False Claims Act Education Requirements Under the Deficit Reduction Act: Compliance Guidance For Health Care Organizations In The Wake of Uncertainty," The Health Lawyer, Vol. 19, No. 5, American Bar Association, April 2007 related to alleged False Claims Act violations related to provision of telecommunication services to government agencies. Case successfully resolved for nuisance value through mediation and dismissed with prejudice.
  • False Claims Act Defense
  • "Straight Shooter: The Fourth Circuit Stands By Its Earlier Decision In Case About Iraqi Security Guards Whose Inability To Shoot Straight Gave Rise to FCA Liability," May 17, 2017
  • Government Contracts, Investigations & International Trade Blog Posts
  • "What’s Past is Prologue: How The FCA’s Eventful Year in 2016 Will Affect Government Contractors," February 28, 2017
  • "The Government’s Take On Materiality After Escobar," Sheppard Mullin GovCon Blog, September 15, 2016
  • Speaking Engagements
  • Presenter, “Ethical Issues in FCA/Qui Tam Matters,” ABA Health Care Fraud Conference, San Francisco, CA, May 4, 2018
  • Presenter, "Fraud, Debarment & Suspension," West Government Contracts Year In Review Conference, Washington, D.C., February 23, 2018
  • Presenter, “” National CLE Conference, Vail, CO Presenter, "FCA Qui Tam Relator Cross-Examination," ABA FCA Trial Institute, Washington, DC 15-Jun-17
  • Presenter, “From The Trenches: Defendants’ Perspectives,” ABA FCA Trial Institute, Washington, D.C., June 14, 2017
  • Presenter, “Managed Care Fraud and Enforcement,” ABA Health Care Fraud Conference, Ft. Lauderdale, May 19, 2017
  • Presenter, "Fraud, Debarment & Suspension," West Government Contracts Year In Review Conference, Washington, D.C., February 14-17, 2017
  • Presenter, "Healthcare Fraud Enforcement Post Escobar and Yates," 2017 National CLE Conference,” January 4-7, 2017
  • Presenter, "False Claims Act Implied Certification," The 2016 Nash Cibinic Report Roundtable," Washington DC, December 1-2, 2016
  • Presenter, "Ethical Considerations in False Claims Act Cases and Internal Compliance Investigations,” ABA Physicians Legal Issues Conference, Chicago, IL, June 9-10, 2016
  • Moderator, "False Claims Act Trends and Emerging Issues," OOPS 2016, Crowell & Moring's 32nd Annual Ounce of Prevention Seminar, Washington, D.C., May 25-26, 2016
  • Presenter, "Decisions Impacting Privilege Protections During Internal Investigations,” ABA 26th Annual Institute on Health Care Fraud, Indian Wells, CA, May 11-13, 2016
  • Presenter, "Health Care Recovery," Crowell & Moring's Second Annual In-House Recovery Conference, Dana Point, CA, March 10-11, 2016
  • Presenter, "Fraud, Debarment & Suspension," West Government Contracts Year In Review Conference, Washington, D.C., February 16-19, 2016
  • Presenter, "What Will the New Year Bring," Washington, D.C., January 14, 2016
  • Presenter, "Internal Investigations," WTOP/WFED Radio Broadcast, Washington, D.C., October 21, 2015
  • Presenter, "Regulatory Risk Management and Mitigation," 2nd Annual ABA-FDLI-MDMA Medical Device Conference, Washington, D.C., October 15-16, 2015
  • Presenter, "Pro Bono in Action: Actual Innocence," Washington Council of Lawyers Conference, Washington, D.C., October 13, 2015
  • Presenter, "FCA Qui Tam Relator Cross-Examination," ABA FCA Trial Institute, Denver, CO, June 3-5, 2015
  • Presenter, "Health Care Recovery," Crowell & Moring's In-House Recovery Conference, Dana Point, CA, January 19-20, 2015
  • Presenter, "What Will the New Year Bring: Procurement Fraud,", Crowell & Moring Webinar, 7-Jan-15
  • Presenter, "Internal Investigations," WTOP/WFED Radio Broadcast, Washington, D.C., October 21, 2015
  • Presenter, "Regulatory Risk Management and Mitigation," 2nd Annual ABA-FDLI-MDMA Medical Device Conference, Washington, D.C., October 15-16, 2015
  • Presenter, "Pro Bono in Action: Actual Innocence," Washington Council of Lawyers Conference, Washington, D.C., October 13, 2015
  • Presenter, "FCA Qui Tam Relator Cross-Examination," ABA FCA Trial Institute, Denver, CO, June 3-5, 2015
  • Presenter, "Health Care Recovery," Crowell & Moring's In-House Recovery Conference, Dana Point, CA, January 19-20, 2015
  • Presenter, "What Will the New Year Bring: Procurement Fraud,", Crowell & Moring Webinar, 7-Jan-15
  • Presenter, "Disclosure Meeting with Government," 1st Annual ABA-FDLI-MDMA Medical Device Conference, Washington, D.C., December 11-12, 2014
  • Presenter, "Recovery Action Scene," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS), Washington, D.C., October 27-28, 2014
  • Moderator, "Internal Investigations: Issues, Pitfalls, and Best Practices," Defense Research Institute's Government Enforcement and Corporate Compliance Seminar, July 24-25, 2014
  • Presenter, "Trying False Claims Act Cases: A View from the Defense," Grant & Eisenhofer's Qui Tam Practice and American Association of Justice's Qui Tam Litigation Group's 2014 Qui Tam Litigation Speaker Series, July 11, 2014
  • Presenter, "Seeking Clarity on False Claims Act Damages and Penalties," Bates White Webinar, 1-Jul-14
  • Presenter, "Strategies For Protecting Internal Investigations From Disclosure," American Bar Association Health Law Section Healthcare Litigation & Risk Management Interest Group Webinar, 21-May-14
  • Presenter, "Federal Health Care Programs: New FCA Enforcement Risks in a Post-ACA World," OOPS 2014, Crowell & Moring's 30th Annual Ounce of Prevention Seminar, Washington, D.C., May 13-14, 2014
  • Presenter, "The Rearview Mirror: Lessons Learned From This Year's Trial Victories," Crowell & Moring Seminar/Webinar, April 22, 2014
  • Presenter, "Life Science Companies: Navigating Ethical Dilemmas," ABA Health Law Section's 15th Annual Conference on Emerging Issues in Healthcare Law, February 27, 2014
  • Presenter, "The Potential Conflict Issues Attorneys Face in Representing Life Science Companies," ABA Health Law Section's 15th Annual Conference on Emerging Issues in Healthcare Law, 27-Feb-14
  • Presenter, "False Claims Act and Health Plan Risk," Crowell & Moring's Healthcare Ounce of Prevention Seminar (HOOPS), January 30, 2014
  • Presenter, "New Areas of Potential Legal Risk Under the ACA, the False Claims Act, and Related Laws," America's Health Insurance Plans Webinar, December 17, 2013
  • Presenter, "Navigating Stormy Seas: Ethical Issues in Qui Tam Litigation under the False Claims Act," American Bar Association Washington Healthcare Summit, December 10, 2013
  • Presenter, "Fraud and Abuse Bootcamp Webinar Series Part VI: Trends In Government Enforcement," American Health Lawyers Association Webinar, July 17, 2013
  • Presenter, "FCA Witness Examination," ABA FCA Trial Institute, Washington, D.C., June 5-6, 2013
  • Presenter, "False Claims Act Developments,"OOPS 2013, Crowell & Moring's 29th Annual Ounce of Prevention Seminar, Washington, D.C., May 15-16, 2013
  • Presenter, "Ethics: Honoring Your Ethical Obligations While Defending Health Care Providers and Entities During an Investigation," ABA Health Law Section’s 14th Annual Conference on Emerging Issues in Healthcare Law, February 21, 2013
  • Presenter, "What Will the New Year Bring? Headlines, Headaches, and Legal Developments for Government Contractors to Watch in 2013," Crowell & Moring webinar, January 16, 2013
  • Presenter, "False Claims Act and Mandatory Disclosure Requirements for Federal Contractors,” Association of Corporate Counsel webinar, January 15, 2013
  • Presenter, "New False Claims Act Exposures and Government Investigation Tips for Health Plans,", Crowell & Moring's Healthcare Ounce of Prevention Seminar (HOOPS- Minnesota), 13-Sep-12
  • Presenter, "False Claims Act Risks Areas for Health Care Entities," Healthways Seminar, August 3, 2012
  • Presenter, "New False Claims Act Exposures and Government Investigation Tips for Health Plans," Crowell & Moring's Healthcare Ounce of Prevention Seminar (HOOPS), June 21-22, 2012
  • Presenter, "False Claims Act: Key Provisions and Current Trends in Compliance and Enforcement," L-2 Federal Resources Webinar, June 14, 2012
  • Presenter, "False Claims Act: Recent Developments and Their Impact on Compliance and Enforcement," Crowell & Moring's 2012 Ounce of Prevention Seminar (OOPS), Washington, D.C., May 9-10, 2012
  • Presenter, "2011 in Review: Trends in Health Care Fraud Enforcement," American Bar Association 26th Annual National Institute on White Collar Crime, March 2, 2012
  • Presenter,"Settling False Claims Act Cases in the Healthcare Fraud and Enforcement World: Tips and Traps for Providers and Payors," American Health Lawyers Association’s Fraud & Compliance Forum, September 27, 2011
  • Presenter, "False Claims Act Developments: Congress Opens the Floodgates While Courts Mop Up The Mess,"27th Annual Ounce of Prevention Seminar (OOPS), Crowell & Moring, Washington, D.C., May 24-26, 2011
  • Co-presenter,"Executives and Counsel In the Crosshairs: What Recent Government Efforts to Prosecute Individuals Mean For Your Organization (And You!)," Crowell & Moring webinar, April 7, 2011
  • Presenter,"Health Care Reform 1 Year Later: Identifying Recent Health Care Reform Trends and the Continuing Effect on the Pharmaceutical Industry," American Conference Institute’s 11th National Forum on Fraud and Abuse in the Sales and Marketing of Drugs Conference, March 29-31, 2011
  • Presenter,"False Claims Briefing," Florida Bar Association Continuing Legal Education Committee and Health Law Section's 2011 Health Law Advanced Topics/Certification Program, March 3-4, 2011
  • Presenter,"Government Investigations and False Claims Act Compliance: New Requirements and New Challenges For Providers," American Health Lawyers Association's 2011 Physicians and Physician Organizations Law Institute / Hospitals and Health Systems Law Institute, February 10-11, 2011
  • Co-presenter, "Managed Care Strategies After Health Care Reform," Strafford CLE, January 13, 2011
  • Presenter, "What Will the New Year Bring? Top Headlines, Headaches, and Legal Developments for Government Contractors to Watch in 2011,", Crowell & Moring webinar, January 12, 2011
  • Presenter, "State & Federal Fraud And Abuse Enforcement Priorities," American Conference Institute's National Forum on Clinical Integration, November 16-17, 2010
  • Presenter, "Health Care False Claims Act Cases: Is it a federal case? Is it a state case? Is it all of the above in many permutations, all at various stages of development?," Practising Law Institute's False Claims Litigation 2010 Conference, November 5, 2010
  • Presenter, "Department of Defense and General Services Administration Procurement Fraud Matters," Practising Law Institute's False Claims Litigation 2010 Conference, November 5, 2010
  • Presenter, "False Claims Briefing," Florida Bar Association Continuing Legal Education Committee and Health Law Section's Second Annual Fundamentals of Florida Health Care Law Conference, 17-Sep-10
  • Presenter, "Impact Of The False Claims Act Amendments For Hospital Systems And Anticipating A Rise In Qui Tams," National Legal & Compliance Summit On Health Care Enforcement, June 22, 2010
  • Co-presenter, "More Exposure And More Risk: Fraud And Abuse Risks In A 'Health Reform' World," Law and Regulatory Affairs Health Care Compliance Seminar, June 12, 2010
  • Presenter, "Contract Fraud: One Year After FERA," Caught in the Federal Procurement Fish Bowl, 26th Annual Ounce of Prevention Seminar (OOPS), Crowell & Moring, Washington, D.C., May 26-27, 2010
  • Presenter, "Blues Beware: Recent False Claims Act Amendments And Their Impact On Health Care Plans," Blue Cross Blue Shield Association 44th Annual Lawyers' Conference, May 13, 2010
  • Presenter, "Fox In The Hen House: Dealing With The Whistleblower Employee And Internal Investigation Issues," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS), April 27, 2010
  • Presenter, "The Blind Side: A Rash of False Claims Act Amendments And New Liability Exposure for Healthcare Entities," Crowell & Moring's 2010 Healthcare Ounce Of Prevention Seminar (HOOPS), April 26, 2010
  • Presenter, "Pursuing and Defending Lawsuits Involving Balance Billing, Reimbursement, Physician Tiering and Other Claims," Managed Care Litigation: Emerging Trends in Provider-Plan Disputes, Strafford teleconference/webinar, March 11, 2010
  • Presenter, "Affirmative Health Care Cost Recovery Litigation Against Third Parties," Strafford webinar, March 11, 2010
  • Presenter, "Current Trends In Health Care Fraud," Magellan Health Services Legal/Compliance/ Security Conference, September 17, 2009
  • Presenter, "Amendments To The False Claims Act," Ethics Resource Center webinar, July 7, 2009
  • Presenter, "Payors Strike Back: Effective Cost Recovery and Affirmative Litigation Strategies," American Health Lawyers' Association 43rd Annual Meeting, June 29, 2009
  • Presenter, "The Future Of Reverse Payment Settlements: Insider's Guide To Imminent Antitrust Policy Changes," American Conference Institute webinar, June 17, 2009
  • Presenter, "Contract Fraud And False Claims," Crowell & Moring's 2009 Ounce Of Prevention Seminar (OOPS), May 27, 2009
  • Presenter, "Bringing Home the Bacon: Recent Developments And Trends In Third-Party Payor Recovery Actions," Blue Cross Blue Shield Association 43rd Annual Lawyers' Conference, May 7, 2009
  • Presenter, "Emerging Issues in Managed Care Litigation: An Examination of Recovery Actions and Rescission Litigation," Crowell & Moring's 2008 Healthcare Ounce Of Prevention Seminar (HOOPS), October 21, 2008
  • Presenter, "The Future Of False Claims Act Enforcement In Health Cases: Recent Judicial And Legislative Developments," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS), October 20, 2008
  • Presenter,"Contractors At War: The False Claims Act," Crowell & Moring's 2008 West Coast Ounce Of Prevention Seminar (WOOPS), April 29, 2008
  • Presenter, "Iraq Reconstruction Contracting: Navigating The Legal Minefield," National Contract Management Association, Saguaro Chapter Conference, April 24, 2008
  • Presenter, "Battlefield Contracting And The False Claims," Crowell & Moring's 2008 Ounce Of Prevention Seminar (OOPS), April 22, 2008
  • Presenter, "Overseas Health Insurance Markets - Potential Pitfalls of Expansion: Global Privacy Issues, International Compliance, and Foreign Corrupt Practices Act," Crowell & Moring's 2007 Healthcare Ounce Of Prevention Seminar (HOOPS), October 2007
  • Presenter, "Successful False Claims Act Defense Strategies: The Custer Battles Case," National Contract Management Association Aerospace and Defense Conference, July 27, 2007
  • Presenter, "Employee Handbooks & Whistle Blower Provisions: Are You in Compliance?," National Constitution Conference, January 4, 2007
  • Co-presenter, "Substantive and Procedural Motions," District of Columbia Bar Association CLE Program Pre-Trial Skills Series, October 26, 2006
  • Presenter, "Go To Jail. Go Directly To Jail: Criminal Prosecutions Predicated on the Government's Disagreement with Your Interpretation of Complex Regulations," ABA Administrative Law Conference, November 1, 2001
Contact
Education

LL.M., The George Washington University Law School, 1999

J.D., Vermont Law School, 1994

B.A., University of Vermont, 1989

Meet the Rest of the Team

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  • Suspension & debarment, bid protests, claims, investigations
  • Creative problem solver
  • Chambers USA: “outstanding strategist, good communicator, has an excellent bedside manner with executives and boards under stress…”
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  • Investigations, False Claims Act litigator, white collar defense
  • Former DOJ Trial Attorney and agency General Counsel
  • Frequent speaker, author and commentator on procurement fraud issues
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  • Suspension & debarment; internal investigations; civil and criminal fraud litigation
  • Air Force Debarring Official for 16 years
  • Managed 20 global investigations for Fortune 500 corporations
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  • Congressional and legislative advocate
  • Federal program expert (DOD, Energy, Army Corps Civil Works, Transportation)
  • Risk management and opportunity assessments
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  • Bid Protests and Claims
  • Former Partner and Founding Member of Crowell and Moring
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  • Suspension & debarment, claims, investigations, development of risk management and compliance programs
  • Develops innovative solutions to complex problems
  • Brings clarity to the maze of government issues
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  • Crisis management, government relations, host country relations
  • 40 years of government experience
  • Political and developmental strategist and leader
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  • Government and internal investigations; False Claims Act; Health Care Fraud
  • Former DOJ Trial Attorney in Civil Fraud Section
  • Significant experience with False Claims Act litigation, including jury trial and appellate experience
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  • Bid protests, claims, False Claims Act, and investigations
  • Former clerk for a U.S. District Judge and Trial Attorney in the Civil Division of the U.S. Department of Justice
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Annie Kim

Investigator and Special Counsel
  • Investigations, false claims, suspension & debarment
  • Former USAID and Energy OIG agent with extensive experience conducting criminal, civil, and administrative investigations
  • 5 years spent leading investigations in the Middle East, Africa, Europe, and Near East
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  • e-Discovery solutions and litigation support
  • Project management
  • 6 years in private practice
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Adrian Wigston

Investigator and Cost Accountant
  • Incurred cost audits, indirect cost rates, bid proposals, sub-recipient and sub-contract Management, cost-share contributions for cooperative agreements.
  • Former DCAA auditor and OIG auditor (Energy & Veterans Affairs) with extensive experience conducting incurred cost and performance audits.
  • CAS covered and non-major contractors. Award management for cooperative agreements with non-profit, education, and research and development award recipients.