Qui Tam and False Claims Act Consultant and Expert Witness Testimony

Ronald H. Clark, PhD., J.D. provides the following services:

False Claims Act/Qui Tam Defense Consultation

Ron has litigated a significant number of FCA/Qui Tam cases, as an assistant US attorney, as a trial attorney and senior trial counsel at the Civil Division of the Department of Justice, and for 14 years as a defense counsel. There is no substitute for experience in this complicated area, where knowledge of the law and how the federal courts handle these cases is an invaluable advantage to the litigator.

Coupled with his extensive publications and expert testimony, it is safe to say there is no area of the FCA with which Ron is not familiar and cannot offer the highest level of professional assistance to his clients. He is also fully conversant with many state FCA statutes, particularly California’s due to his successful representation of a hospital system in state court. See, Robert N. Bury v. Community Hospitals of Central California, 2002 WL 968833 (Cal.App. 5 Dist.). He is also conversant with most of the new state and municipal false claims acts, including, e.g., the District of Columbia False Claims Act; the New Jersey False Claims Act; the New York City False Claims Act; the Virginia Fraud Against Taxpayers Act; the Florida False Claims Act; and the Texas False Claims Act.

False Claims Act/Qui Tam Expert Testimony

Because of his 25 years of experience working with the FCA, both as a Department of Justice attorney and defense counsel, as well as his publications, Ron has proven to be a valuable and effective expert witness in cases involving FCA/Qui Tam issues. He has testified in state cases in Texas, for example, that resulted in a significant settlement for his plaintiff clients. In addition to his testimony, Ron has assisted his expert witness clients in enhancing the effectiveness and impact of their cases. Ron has also testified as an expert in FCA/Qui Tam legal malpractice cases.

Sample Reports: Report #1, Report #2, Report #3, Report #4, Report #5

False Claims Act/Qui Tam Consulting and Case Evaluation

Ron has assisted both FCA/Qui Tam relators and defendants in the professional evaluation of their cases and in developing litigation and negotiation strategies. In assisting defense counsel, Ron has suggested lines of defense; written sections of briefs; and advised an appeals strategy and arguments. In working with relators’ counsel, Ron has evaluated the attractiveness of their cases to the Department of Justice; offered guidance on drafting complaints; helped defend against motions to dismiss or for summary judgment; reviewed potential settlement offers; and developed appeals strategy. Most importantly, he has advised potential relators as to whether it made economic sense to pursue their proposed whistleblower actions, and recommended superior relators’ counsel to handle their cases.

Health Care Corporate Compliance

Ron first began working with corporate compliance issues while at the Department of Justice. He has written compliance plans for teaching hospitals, home health agencies, physician practices, laboratories and other providers. He has directed compliance audits at numerous health care provider facilities, as well as frequently conducted compliance training for employees. He has written training materials on dealing with government investigations, including safeguarding sensitive materials during searches and when responding to subpoenas. Ron also has negotiated agreements regarding procedures and scope of government searches at providers’ locations. He has written on compliance issues for industry and professional journals. He is the co-author of BNA’s Health Care Fraud and Abuse: Enforcement and Compliance.

False Claims Act/Qui Tam Training

The Deficit Reduction Act of 2006 requires any company doing more than $5 million in business with Medicaid to provide education to employees regarding the False Claims Act. It also seems highly likely that HHS or Congress eventually will impose a requirement upon all Medicare providers that they train their employees in the False Claims Act, including the “whistleblower” provisions found in section 3730. One obvious purpose behind this idea is to generate internal whistleblowers who can file actions. However, the proposal has a good side as well: every compliance program should include training on the FCA and how it operates, emphasizing the significant penalties that may result from violating the Act. This training is an absolute necessity for any company involved in government procurement. Ron has trained Assistant US Attorneys, DOJ trial attorneys, private attorneys, state officials, government contractors, and health care professionals regarding the “ins and outs” of the FCA. He frequently has incorporated his own publications into the training. Ron’s FCA training has a proven track record for being comprehensive and effective, yet reasonable in cost.

Government Negotiation

Ron spent over 15 years in DOJ negotiating on behalf of the government. His private practice for 14 years involved substantial negotiation with federal, state and local officials, as well as relators’ counsel. Negotiating with “Uncle Sam” can be intimidating, leading to critical mistakes. The key to successful negotiation is no secret: careful preparation and development of reasonable negotiation positions that can persuade government officials to agree. Ron can provide invaluable assistance in developing negotiation positions, proposing supportive arguments, and suggesting strategic approaches to accomplish negotiation objectives. Particularly in health care fraud cases, where simultaneous negotiations may occur relating to criminal, civil, and administrative allegations, careful attention must be paid to the effects of any single government agreement on the remaining two areas of potential liability. This is an area where there is no substitute for experience.

In a recent book chapter, Ron offers some useful suggestions for negotiating with the government when a government contractor is accused of fraudulent conduct

Please visit About Ronald H. Clark, for more information about Ron’s experience in these areas

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