Jason C. Lynch
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
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.
- 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
- 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.
- CLIENT ALERT: Three-Way Split on a Three-Year Provision: the FCA goes back to the Supreme Court, Nichols Liu LLP (December 3, 2018). Co-Authors: Andy Liu and Jason Lynch
- Does the Christian Doctrine Apply to Commercial-Item Contracts? The Federal Circuit Misses the Mark in K-Con, Inc. v. Secretary of the Army, PubK (November 9, 2018). Co-Authors: Robert Nichols, Rick Claybrook, Jason Lynch, Andrew Victor.
- CLIENT ALERT: DOJ Issues New Guidance on Monitors, Nichols Liu LLP (October 30, 2018). Co-Authors: Steven Shaw, Jason Lynch.
- CLIENT ALERT: Petrobras Reaches Global Resolution of FCPA Allegations, Nichols Liu LLP(September 28, 2018). Co-Authors: Andy Liu, Jason C. Lynch.
- EXPERT ANALYSIS: The Insurance and Tax Consequences of Settling FCA Cases, Law360(September 24, 2018). Co-Authors: Andy Liu, Jason C. Lynch.
- CLIENT ALERT: Technical Direction Letters Can Constitute Protestable Out-of Scope Modifications,” Nichols Liu LLP (September 11, 2018). Co-Authors: Robert Nichols, Andy Liu, Jason C. Lynch, Andrew Victor, Rebekah Woods.
- CLIENT ALERT: Second Circuit Reins in FCPA Jurisdiction,” Nichols Liu LLP (September 10, 2018). Co-Authors: Andy Liu, Jason C. Lynch.
- CLIENT ALERT: Government’s Annual Suspensions & Debarment Report,” Nichols Liu LLP(September 6, 2018). Co-Authors: Steven Shaw, Jason C. Lynch.
- CLIENT ALERT: Ninth Circuit holds firm on implied certification after Escobar: “misleading half-truths” or nothing,” Nichols Liu LLP (August 30, 2018). Co-Authors: Andy Liu, Jason C. Lynch, Rebekah Woods.
- CLIENT ALERT: Another Win for Reasonableness,” Nichols Liu LLP (August 21, 2018). Co-Authors: Andy Liu, Jason C. Lynch.
- CLIENT ALERT: Prepare to “Deliver Uncompromised”,” Nichols Liu LLP (August 20, 2018). Co-Authors: Robert Nichols, Andy Liu, Jason C. Lynch, and Andrew Victor.
- CLIENT ALERT: Ominous CLOUD for Contractors Working Internationally,” Nichols Liu LLP (May 21, 2018). Co-Authors: Andy Liu, Jason C. Lynch, and Rebekah Woods.
- CLIENT ALERT: One Step Closer to Building on Escobar,” Nichols Liu LLP (April 24, 2018). Co-Authors: Andy Liu and Jason C. Lynch.
- “CLIENT ALERT: Recent Cases Up the Ante on DOJ’s Intervention Decisions”, Nichols Liu LLP(April 5, 2018). Co-Authors: Andy Liu and Jason C. Lynch.
- “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). Co-Authors: Jason C. Lynch, Brian T. McLaughlin, & Robert T. Rhoad.
- “FEATURE COMMENT: The ‘Pending’ Pickle With The FCA’s First-To-File Bar”, The Government Contractor, Vol. 56, No. 21 (June 4, 2014). Co-Authors: Robert T. Rhoad, Brian T. McLaughlin, & Jason C. Lynch.
- “View From Crowell & Moring: The False Claims Act—Varied Approaches in Applying the Public Disclosure Bar”, Bloomberg BNA Federal Contracts Report (May 27, 2014). Co-Authors:Andy Liu, Brian T. McLaughlin, & Jason C. Lynch.
- “Solicitor General Addresses Standard for Rule 9(b) in FCA Cases, Asks Supreme Court Not To,” Crowell & Moring’s Government Contracts Legal Forum (March 13, 2014). Co-Authors: Jason C. Lynch & Andy Liu.
- “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). Co-Authors: Robert T. Rhoad & Jason C. Lynch.
- “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). Co-Authors: Robert T. Rhoad & Jason C. Lynch.
- “FCA Complaint ‘Dies Hard’ in the Eastern District of Virginia”, Crowell & Moring’s Government Contracts Legal Forum (March 26, 2013). Co-Authors: Jonathan Cone & Jason C. Lynch.
- “Ninth Circuit Reinstates FCA Complaint Even Though It Fails To Allege Actual False Claims”, Crowell & Moring’s Government Contracts Legal Forum (February 22, 2013). Co-Authors: Jonathan Cone & Jason C. Lynch.
- “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.