False Claims Act & Qui Tam
False Claims Act (FCA) investigations and litigation can be among the most consequential matters faced by companies and their boards. Paul, Weiss has successfully represented a wide range of clients in FCA and other matters involving allegations of government fraud. Our team offers an unparalleled combination of litigation expertise and senior government experience.
In addition to reputational harm, a successful FCA lawsuit can result in treble damages, penalties, and suspension or debarment. Even if no government agency is involved at the outset of an FCA action, private qui tam lawsuits often trigger government investigations—whether by the Department of Justice, state Attorneys General pursuing potential violations of state-level FCA statutes, or other agencies—that can result in additional civil claims or criminal charges.
The enforcement landscape is also likely to become more challenging and complex as new oversight authorities, including a new Inspector General and a Congressional Oversight Panel, created by the CARES Act flex their muscles as they examine loans, grants, and contracting opportunities. And, with strong financial incentives for whistleblowers, the private relator bar is highly active. As scrutiny of potential government fraud and abuse intensifies, Paul, Weiss is focused on counseling clients on how to mitigate their FCA-related risks and defending them vigorously in the event of an investigation or lawsuit.
Our team offers an unparalleled combination of litigation expertise and senior government experience, giving us a sophisticated understanding of the increasingly aggressive theories and approaches employed by both private and public enforcers in this space. Our FCA team includes: a former U.S. Attorney General and former U.S. Attorney for the Eastern District of New York; a former Secretary of the Department of Homeland Security and former Department of Defense General Counsel; a former Chief of the Criminal Division of the U.S. Attorney’s Office for the Southern District of New York; and more than 15 former Assistant U.S. Attorneys from the Southern and Eastern Districts of New York and the District of Columbia. The team also includes a former leading member of the Office of Special Counsel Robert Mueller; and former senior members of the U.S. Department of the Treasury and the New York Attorney General’s Office.
When interfacing with government agencies, we are often able to leverage the credibility we bring to the table and the insights gained from our extensive government service to achieve favorable outcomes for our clients, such as by persuading government investigators to decline to bring a case or, in the case of a whistleblower action, to decline to pursue or intervene in the matter. Where an action is filed, our team of courtroom veterans is prepared to aggressively defend the matter and has successfully defended such actions on behalf of numerous clients. We are also well equipped to assist clients in navigating the intense media scrutiny, and occasional congressional hearings, triggered by allegations of government fraud, as well as related regulatory and litigation fallout, including the defense of shareholder and other litigation.