Federal False Claims Act (“FCA”) and whistleblower “Qui Tam” Provisions

The Federal False Claims Act (“FCA”), and especially its whistleblower or qui tam provisions, has added a new level of complexity and concern for government contractors, healthcare providers, and any recipients of federal funding and payments. Successful prosecution by the government and/or qui tam relators not only imposes severe penalties and damages upon defendants, but also can lead to debarment and suspension from participation in federal programs. This is an area where experience and expertise are essential in order to avoid costly mistakes and unnecessary consequences.

Ronald H. Clark, Ph.D., J.D. – Experience and Expertise Make All the Difference

Between 1984 and 1995, Ron served as a trial attorney and senior trial counsel in the Civil Fraud section, Civil Division, at the United States Department of Justice. He conducted FCA litigation on behalf of government agencies involving healthcare fraud, defense industry fraud, and a variety of other government funding programs. He also supervised a large number of trial attorneys prosecuting FCA actions, as well as some cases handled by various United States Attorneys. His personal experience with various federal agencies is extensive. Earlier he had served as an Assistant U.S. Attorney in New Jersey, where he first worked with the FCA.

Following his Department of Justice service, Ron spent the next 14 years in private practice with a major Washington, D.C., law firm, where he became a partner. His practice consisted most extensively of FCA defense, especially involving cases brought by relators, in the areas of alleged healthcare and government contractor fraud. Ron also has handled a number of cases under various state FCA statutes, particularly the California FCA.

He also developed an extensive healthcare compliance practice, and designed or evaluated a number of hospital compliance programs. He firmly believes that an effective compliance plan is the best defense against relator lawsuits.

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