When we file a new False Claims Act case, one of the most important decisions we have to make is where to file it.

Potential clients often ask us where the attorneys at Bracker & Marcus can file a case, and the answer is that we have the ability to file in every federal court. We are admitted to practice in federal courts all over the country, and we are able to get special permission to practice in the rest on a case-by-case basis.

The question they don’t always know to ask is where a False Claims Act lawyer should file a case, and the answer is not always as simple as where they or the defendant is located.

How Venue Decisions Are Made

Frequently, the decision is made for us. If a hospital in Atlanta is committing Medicare fraud, we will likely file in the Northern District of Georgia, and we may not have many alternatives.

In other cases, the venue choice is less obvious. If a pharmaceutical manufacturer is offering kickbacks to providers around the country, its headquarters is a logical choice because, for example, the local office can more easily interview witnesses and executives than an office on the other side of the country. But we could file anywhere they do business or provide kickbacks, which is often just about anywhere in the country.

Not all offices are created equal, and some have substantially more resources or experience than others. If an office is overwhelmed with work and has had a lot of turnover, even if it is the obvious choice, it may not be the right fit at that time. If a different venue has recently settled a similar kickback case, we may want to file there instead so the case is assigned to government attorneys who understand the ins and outs of the scheme or industry and the strengths and weaknesses of the case.

Why Relationships With U.S. Attorney’s Offices Matter

Another consideration is the firm’s relationships with different offices. Having been in Atlanta for most of our careers and having filed so many cases here, Julie and I know the government attorneys very well, and they trust that any case we bring them is likely to have merit. That relationship has strengthened with the addition of our associate, Graham, who worked for many years as an agent in the Northern District of Georgia.

But as we have grown our firm into a national presence, our reputation precedes us, and we have had the opportunity to build even more relationships. Moreover, larger cases are often handled by the Main Justice in Washington, D.C., so a law firm’s pristine relationship with its local office may not be valuable if it is not the one responsible for the case.

And so one of the most interesting and fun things about the growth of our firm has been getting to know and work with so many U.S. Attorneys’ Offices around the country. There are 83 districts to choose from, and we have filed cases in well over half, including every large office and smaller offices like Idaho, Kansas, Northern Mississippi, Northern Iowa, and even the U.S. Virgin Islands.

Have Fraud, Will Travel

Shortly after we file a case, most offices want to meet with and interview our relator, and so we are often found traveling around the country. There generally isn’t much time for sightseeing—often we fly in and out the same day, or at best just spend the night—but I do like to eat the local food when I can!

I am writing this blog on a flight home from Washington, D.C. We have a handful of cases filed there – it is one of the preeminent offices in the country, and of course, just about every federal dollar flows to or from D.C. at some point. Julie and Nathan had an interview with the office, but we also just returned from the annual Anti-Fraud Coalition conference, a meeting of the False Claims Act relators’ bar. I co-chaired the conference and spoke on the subject of building a small FCA law firm, and Julie spoke in the main room on the topic of cybersecurity fraud.

Everything is bigger in Texas, including the fraud. I recently attended an interview in the Southern District of Texas in Houston, and next week I fly to the Western District of Texas in Austin. My first visit was too short, but I will definitely be having some barbecue on my next visit.

Before that, I took a trip to Philadelphia, the Eastern District of Pennsylvania, one of the premier False Claims Act offices in the country. Because I had two relators in this case, the interviews were spread out over two days, giving me the opportunity to visit the Liberty Bell and Independence Hall, which, incredibly, are right outside the U.S. Attorney’s Office. And of course, to also grab a cheesesteak from Angelo’s and a water ice from John’s. Another checkmark on my regional cuisine bucket list.

This spring, I spent a couple of days in Indianapolis, the Southern District of Indiana, where I have family, and was able to spend a little bit of time being a tourist, including seeing the Indy-famous “Funky Bones” sculpture at Newfields.

Around the same time as I was in Indiana, Julie and Graham were in Colorado. No pictures, please, because their case involves government secrets and their meeting was in something called a SCIF – a Sensitive Compartmented Information Facility, which is a secure area where parties can discuss classified information.

I also returned to Savannah in the Southern District of Georgia, where I clerked for a federal judge out of law school. I have a devious sweet tooth, but my entire time there, I had no idea that one of the top-rated ice cream parlors in the country was right down the street. Now I know better, and Leopold’s is a regular stop when I’m in town.

Bracker & Marcus is a National False Claims Act Firm

From California to Florida, Maine to Guam, Texas to Minnesota, we have the ability to file in any United States district court. Our attorneys regularly work with U.S. Attorney’s Offices across the country and understand how venue decisions can affect the course of a case.

If you believe you have information about fraud against the Government, we are available to evaluate your potential claim and discuss where it may be most effectively filed. Give us a call at 770-988-5035 or reach out online for a free case evaluation.