Many times, clients who believe they are the subject of a government investigation find that instead - or in addition - they are a defendant in a False Claims Act lawsuit. The False Claims Act allows private citizens (known as "qui tam relators" or "whistleblowers") to file a lawsuit against individuals and businesses alleging fraud against the federal government. These lawsuits are always filed under seal – meaning the defendant will not know they have been named – to provide the government time to investigate the allegations and decide if it wants to join the lawsuit. Even where the government declines to join, the whistleblower may still proceed with the suit.
Clients throughout the healthcare industry -- including one of the largest for-profit hospital companies, a leading pharmacy benefit manager, a prominent medical device manufacturer and a behavioral health provider – rely on Waller’s counsel and advocacy in these situations. Our attorneys know how to navigate this complex environment, from responding to any resulting government investigation to litigating a False Claims Act lawsuit. Our team is equipped to respond in these situations because we have actually litigated False Claims Act cases - both in prosecuting them on behalf of the Department of Justice and various U.S. Attorney’s offices and defending them, including cases where the government has intervened.
When defending themselves against the vast power and resources of the government, even large companies can find themselves in the role of the underdog. Known as resolute, strong-minded litigators, our attorneys provide aggressive advocacy and draw upon their years of experience when defending our clients against False Claims Act allegations. In the healthcare context, we draw on the resources of the firm’s impressive healthcare compliance and operations group to analyze the applicable statutes, rules and regulations to defend clients against allegations of fraud levied by the government or the whistleblowers themselves.