Jason C. Lynch – Nichols Liu Team2019-02-22T14:23:43+00:00

Jason C. Lynch

Associate

  • 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

About

Jason focuses on representing government contractors in internal and government investigations, False Claims Act litigation, compliance counseling, bid protests, and claims litigation. Jason has represented a wide range of clients, from Medicare Advantage providers to international security contractors to polling companies. Jason has helped achieve favorable results for these clients ranging from outright dismissal of the suit to global settlements to resolve civil, criminal, and administrative issues.

Jason has particular experience litigating False Claims Act cases, including at trial and on appeal. In United States ex rel. Purcell v. Moving Water Industries, Jason helped try the case and reduce the government’s damages award to $0. Then on appeal, he was part of the team that persuaded the D.C. Circuit to reverse the jury’s finding of liability and order that the judgment be entered in favor of the defendant. As a trial attorney at DOJ, Jason investigated and litigated FCA allegations of illegal kickbacks, medically unnecessary services, and defective products submitted by defense contractors.  Jason joined DOJ after clerking for a federal district judge in the District of Columbia, where he worked on all manner of civil and criminal cases and gained valuable insights into federal procedure and effective litigation techniques.

Jason earned his B.A. from the College of the Holy Cross, where he was an honor graduate of the NROTC Class of 2005, a recipient of the O’Callahan Memorial Award for leadership, and a member of the varsity baseball team. Jason received his J.D. from the University of Virginia School of Law, where he served as managing editor of The Journal of Law & Politics.

Between college and law school, Jason served as an officer in the U.S. Marine Corps. His two deployments to Iraq, as a motor transport platoon commander and logistics staff officer, brought him into close contact with government contractors in numerous capacities.

Education

  • University of Virginia School of Law, J.D., 2012
  • College of the Holy Cross, B.A., 2005

Practice & Expertise

  • False Claims Act
  • Internal and Government Investigations
  • Health Care Fraud

Experience

  • As a DOJ Trial Attorney, litigated a from discovery through summary judgment an FCA case predicated on violations of the Anti-kickback Statute (AKS), 42 U.S.C. § 1320a-7b, by a physician, his fiancée, and their companies. Took several fact depositions, drafted and argued discovery motions, and drafted substantial portions of comprehensive motion for summary judgment.
  • As DOJ Trial Attorney, litigated multibillion-dollar case against a nationwide chain of Skilled Nursing Facilities (SNFs) and Inpatient Rehabilitation Facilities (IRFs). Took and defended fact and expert depositions and drafted discovery motions.
  • As DOJ Trial Attorney, investigated numerous other cases under seal including through administrative subpoenas, civil investigative demands (CIDs), and directing agents to conduct various fact-witness interviews.
  • Represented U.S. Air Force contractor through years-long investigation by DOD IG Audit Component, including collection and production of voluminous and procurement-sensitive cost and pricing data.
  • Represented foreign implementer in Multi-Agency investigation of overseas grants and cooperative agreements.
  • Represented healthcare claims processor in an investigation by U.S. Department of Veterans Affairs Office of Inspector General.
  • Served as trial counsel in a three-week jury trial, successfully reduced government’s damages award to $0; obtained reversal of liability on appeal, vacating the judgment.
  • Obtained dismissal of qui tam suit against international security firm.
  • Defended Medicare Advantage provider through a motion to dismiss, discovery, and summary judgment. Obtained favorable declaration through Touhy process from Agency witness, which led to quick resolution.
  • Briefed and argued successful motion to dismiss a procurement-fraud case against a supplier of machinery to U.S. Postal Service. Although the amended complaint survived, it was later dismissed by stipulation.
  • Litigated motion to dismiss FCA case against healthcare providers alleging mis-coding and medically unnecessary services. In response, the Court ordered the whistleblowers to amend their complaint.
  • Litigated motion to dismiss FCA case against a purveyor of technical manuals for the U.S. Army. The motion was granted, requiring the whistleblower to amend his complaint. The court later granted summary judgment to the contractor.

Insights

Publications

Speaking Engagements

  • “The Changing Landscape of Internal Investigations,” Crowell & Moring’s 31st Annual Ounce of Prevention Seminar, Washington, D.C. (May 5-6, 2015). Moderator: Gail D. Zirkelbach; Panelists: Justin P. Murphy, Preetha Chakrabarti, and Jason C. Lynch.
  • “What Will the New Year Bring: Procurement Fraud,” Crowell & Moring Webinar (January 7, 2015). Presenters: Robert T. Rhoad, Brian T. McLaughlin, and Jason C. Lynch.
  • “The False Claims Act: What Every Government Contractor Needs to Know About DOJ’s Weapon of Choice, Qui Tam Whistleblower Suits, Current Trends, and Preventive Tips,” L-2 Webinar (June 3, 2014). Presenters: Dalal Hasan, Jason C. Lynch, and Brian Tully McLaughlin.
  • “The False Claims Act: Recent Lessons in the Courts and a Look Ahead as Cases and Recoveries Continue to Rise,” Crowell & Moring’s 30th Annual Ounce of Prevention Seminar, (May 2014). Presenters: Brian T. McLaughlin Andy Liu, Mark R. Troy, Jason C. Lynch.

Meet the Rest of the Team