Event: 9th Annual Advanced Forum on False Claims and Qui Tam Enforcement
DATE: June 22-23, 2022
LOCATION: New York Marriott Downtown, New York, NY
I am honored to have been invited to represent the Relator’s Bar at ACI’s Advanced Forum on False Claims and Qui Tam Enforcement. This is a premier industry event that brings together leading firms from “both sides of the v”— Relator’s bar and Defense bar—as well as key government officials and industry leaders and stakeholders from businesses subject to FCA enforcement.
This year’s co-chairs of the conference are Joseph H. Hunt, Alston & Bird LLP and former Assistant Attorney General from the United States Department of Justice, and Kristen Mayer, Head of U.S. Compliance, Vice President, Legal, Argenx US, Inc.
Along with Jeb White, the President and CEO of Taxpayers Against Fraud, and Robert Vogel, partner at Vogel, Slade and Goldstein LLP, I will be speaking on “Drafting, Pleading, and Litigating: The Relator’s Counsel Perspective.” Our topics include choosing venues, addressing pleading standards, litigating with and without participation from the Department of Justice, and overcoming statutory barriers like public disclosure.
In addition to “Drafting, Pleading, and Litigating: The Relator’s Counsel Perspective,” topics include:
- Materiality, Scienter, and Falsity: Clarity or more Confusion?
- Cybersecurity Fraud: The New Frontier in FCA and Qui Tam Enforcement?
- Advanced Advocacy in FCA and Qui Tam Claims: The Defense Perspective
- Optimal Strategies for Resolving FCA Matters and Qui Tam Lawsuits
- The Who, What Where, and When of Pandemic Fund Recovery
- Critical Developments Involving the Stark Law, the Anti-Kickback Statute, and Medicare Advantage Program
- Understanding DOJ’s Enforcement Priorities: Private Equity, Telehealth, HER, and Opioids
- Crunching the Numbers: The use of Data Analytics and Statistical Sampling to Identify and Prosecute Fraud
- Government Procurement Fraud and the FCA: An In-Depth Exploration of Unique Legal Considerations and Enforcement Trends
- Proactively Combatting the Potential for Fraud: Behavioral Ethics and Fraud Prevention
Government speakers include:
- Michael Granston, Deputy Assistant Attorney General, Civil Division, U.S. Department of Justice
- Robert Troester, the US Attorney for the Western District of Oklahoma
- Deputy Chiefs of the United States Attorneys offices of the Southern District of New York (Matthew Feeley) and the Eastern District of New York (Richard Hayes)
- Kevin Andrew Chambers, the Associate Deputy Attorney General Director of Covid-19 Fraud Enforcement
- Sean Keveney, Deputy General Counsel from the US Department of Health and Human Services
- Sean O’Donnell, the Acting Inspector General from the US Department of Defense
- John Vagelatos, the Assistant US Attorney Criminal Division from the Eastern District of New York
From the Conference’s Website:
The United States Department of Justice (DOJ) released its annual statistics for the False Claims Act (FCA) and fraud cases for fiscal year 2021. The DOJ reported that it recovered $5.6 billion in final judgments and settlements during this time period — the second largest annual total in FCA history, and the largest since 2014.
With 598 qui tam lawsuits filed in 2021, and 203 filed by DOJ, the recovery statistics for fiscal year 2021 show a sustained and aggressive use of the FCA by the government and qui tam relators alike.
The DOJ also announced that the Civil Division will “energetically use every enforcement tool available to prevent wrongdoers from exploiting the COVID-19 crisis.” In addition, DOJ appointed a Chief Prosecutor to lead pandemic recovery fraud efforts.
Finally, DOJ revealed the creation of a Civil Cyber-Fraud Initiative that will utilize the FCA to pursue cybersecurity related fraud by government contractors and grant recipients.
By all accounts, the trend for government initiated FCA actions is continuing to climb, leaving the industry wondering:
- What will total recoveries amount to at the end of Fiscal ’22?
- What can we expect for Fiscal ‘22?
- Where will government enforcement priorities lie?
- Which industries are at greatest risk?
- What can you do now to prepare for the next wave of FCA enforcement and protect your client’s interests?
ACI’s 9th Advanced Forum on False Claims and Qui Tam Enforcement, taking place IN-PERSON in New York City, will address the underlying controversies and challenges posed by these questions. Join us for in-depth discussions and analyses of the latest guidance, initiatives, and enforcement statistics, featuring a faculty of government speakers and leading defense, in-house, and relators’ counsel.
We have been representing relators in whistleblower cases for nearly two decades and are frequently recruited to speak to other attorneys on topics such as these. Bracker & Marcus LLC is one of the most prolific plaintiff’s law firms in the False Claims Act arena, and we have seen just about all there is to see when it comes to False Claims Act cases.
Experience in nuanced areas such as corporate and outsider relators can be the difference between a successful resolution and a declined or dismissed lawsuit. If you’re interested in filing a False Claims Act lawsuit, give our False Claims Act attorneys a call at (770) 988-5035 for a free evaluation.