False Claims Act Defense and Compliance
Wiggin and Dana represents clients in complex False Claims Act (FCA) matters. These include internal investigations, government inquiries, enforcement actions, and whistleblower (qui tam) litigation. Our attorneys advise companies and individuals across a wide range of regulated industries, including defense and aerospace, higher education, healthcare and life sciences, insurance, technology, and infrastructure and energy. We assist clients in all phases of FCA litigation, including internal investigations, negotiating with the government to narrow Civil Investigative Demand (CIDs), proactively engaging in discovery with relatorsโ counsel, and successfully advocating to avoid intervention, all while managing clientsโ risk and protecting their business interests.
Our team brings significant experience from both sides of FCA matters, including former high-level federal criminal and civil prosecutors. This background provides valuable insight into government enforcement strategies and priorities, which we leverage to guide clients through every stage of an FCA matter, from internal investigations and subpoena responses through trial and appeals, and managing post-resolution compliance obligations.
Civil Investigations and Appeals
We represent clients in a broad array of civil FCA matters, including qui tam lawsuits and direct enforcement actions brought by the Department of Justice (DOJ). Our team focuses on resolving disputes efficiently while minimizing disruption to business operations. We have represented clients in FCA investigations led by U.S. Attorneysโ Offices across the country, as well as by DOJ, U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG), and State Attorney General offices. We have consistently achieved favorable outcomes, including government declinations and settlements with minimal liability.
Criminal Investigations and Appeals
Our representation extends to FCA-related matters that involve parallel criminal investigations. These often include allegations of mail and wire fraud, false statements, or the criminal submission of false claims to the federal government. Our attorneys manage all aspects of criminal defense, from grand jury investigations and subpoena responses to negotiations and litigation, while working closely with enforcement authorities to safeguard our clientsโ interests.
Compliance Counseling and Risk Management
We help clients proactively reduce FCA risk by developing and strengthening compliance programs. Our attorneys advise on federal contracting requirements, Medicare and Medicaid billing practices, and internal reporting obligations. We conduct internal reviews, assist with voluntary disclosures, and provide practical, tailored guidance aligned with each clientโs regulatory environment.
Our FCA team combines deep government experience with a practical, client-focused approach. Whether facing an investigation, defending against a qui tam suit, or strengthening compliance programs, we provide strategic guidance tailored to each clientโs needs.
Key Contacts
Related Services
Publications
Podcasts
Videos
People
Experience
Defense and Aerospace
- Defending a defense contractor in an ongoing FCA investigation related to a workshare program implemented during the COVID-19 pandemic.
- Defended a major UK defense contractor in a dual-track criminal and civil investigation into alleged false statements regarding lifesaving military equipment. Successfully avoided charges, civil liability, and Air Force debarment.
Higher Education
- Defending an Ivy League university in an ongoing qui tam โimplied certification theoryโ FCA lawsuit alleging misrepresentations of Title IX compliance in federal grant certifications.
- Defended a university in a government FCA investigation concerning allegedly unreported inventions by medical school researchers working jointly for the university and the U.S. Department of Veterans Affairs. Achieved a favorable settlement with no admission of wrongdoing, no administrative penalties, and limited FCA damages.
Healthcare and Life Sciences
- Defending an ongoing FCA investigation into Medicare billing practices at a private equity-backed ambulatory surgery center.
- Defended a mental health provider in a joint federal-state FCA investigation involving hospital collaboration and billing practices. Resolved favorably.
- Defended a telehealth provider in an FCA investigation, resulting in a favorable settlement.
- Defended physicians in multiple FCA investigations involving alleged false claims to federal healthcare programs. Secured favorable settlements and avoided criminal charges.
- Defended a medical group in an FCA investigation into billing errors caused by a fraudulent third-party vendor. Achieved a favorable resolution.
- Defended a behavioral health provider in an FCA matter involving extensive internal review and document production. Negotiated a non-FCA resolution for a small fraction of the amount sought by the federal government, which initially sought millions. The qui tam plaintiff did not proceed.
- Represented a prominent surgeon in an investigation into alleged parallel surgeries in violation of CMS rules. No action was taken against the client; the hospital was penalized separately.
Insurance
- Successfully obtained dismissals of two qui tam suits alleging Medicare Secondary Payer Act violations. The dismissals were affirmed by the Second Circuit.
Infrastructure and Energy
- Defended a non-Disadvantaged Business Enterprise (โDBEโ) vendor accused of improperly securing a DBE-designated federally funded contract and resulting federal payments. No charges were filed.
- Represented an energy company performing engineering work in a government investigation over federally funded contract compliance on a pipeline project. Resolved with no charges.