Cleary Gottlieb’s False Claims Act (FCA) team has extensive experience successfully representing clients in federal and state investigations and qui tam actions concerning alleged violations of state false claims statutes.

Our global FCA team is led by a group of formidable litigators and a deep bench of former federal prosecutors, including multiple United States Attorneys who oversaw many FCA cases and a former Trial Attorney who investigated and litigated claims arising under the FCA.

We represent a wide variety of clients in FCA matters, including multinational corporations, foreign industrial corporations serving as government contractors, healthcare companies, major financial institutions, senior executives and other individuals.

As highlighted by Chambers for having “an outrageously strong team of white-collar lawyers,” we are regularly called upon to help clients navigate through the complexities of FCA matters and the government’s approach to them, including:

  • Civil and related criminal proceedings
  • Defense of government investigations
  • Internal investigations
  • Employment law and other whistleblower-related claims
  • Development and implementation of remedial measures and enhancement of compliance programs

In addition, we have extensive experience advising clients on how to deal with whistleblowers, and how to manage the myriad issues that arise from whistleblower complaints (particularly in the context of the FCA).

Credibility in the courtroom

Cleary Gottlieb is always committed to leveraging our experience to eliminate or substantially minimize clients’ FCA exposure, and for litigation concerning alleged violations of federal and state false claims statutes, our team has extensive trial experience, collectively having taken over a hundred trials to verdict in courts all across the US.

We approach all our matters with the trial in mind, thinking strategically – throughout the life of the litigation – about the critical evidence and issues of credibility that will make the difference at trial. Our credibility with courts, juries, adversaries, and co-counsel allows us to make the most persuasive and powerful arguments on behalf of our clients.

Notable Experience

  • Walgreens Boots Alliance in connection with a DOJ FCA investigation concerning allegations that generic pharmaceutical manufacturers have engaged in market allocations, price-fixing, payments of illegal remuneration, and submissions of false claims.

  • The Board of Directors of Kindred Healthcare in a shareholder derivative action arising from the company’s settlement with the DOJ of allegations under the FCA.

  • Lafarge in investigative demand from the U.S. Attorney’s Office for the Southern District of Georgia regarding possible false claims act violations.

  • A DOJ investigation concerning allegations that Moody’s violated the False Claims Act in its rating of RMBS and CDOs relating to BoA and Merrill.

  • A U.S. investment management company in an investigation by the New York Attorney General’s Office into potential violations of the FCA and the company’s settlement with the SEC resolving an investigation into a series of tax loss trades and related disclosures, resolving the first-ever charge of whistleblower retaliation by the SEC.

  • A major financial institution in connection with a California FCA investigation related to FX trading with CalPers and obtained a successful settlement.

  • An international courier service in connection with a civil investigative demand issued by the U.S. Attorney’s Office for the Southern District of New York concerning a FCA investigation relating to shipments made by third party overseas shippers to a confidential company’s warehouses that qualified for an administrative duty exemption pursuant to 19 USC 1321.

  • An industry-leading health care application provider in advising on the FCA and related compliance and enforcement questions.

  • A U.S. wholesale supply chain services company in investigation by the New York State Department of Taxation and Finance and the New York Attorney General into New York FCA, fair trade, and tax issues.

  • U.S. Chamber of Commerce in an amicus brief to the New York Court of Appeals in the Sprint New York FCA case.

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