Cleary Gottlieb advises companies, their boards and management, and individuals on effective responses to matters relating to the federal False Claims Act (FCA), anti-kickback statutes, and similar state laws.

This includes representing clients in:

  • Civil and criminal proceedings
  • Defense of government investigations
  • Internal investigations
  • Advising on employment law and other whistleblower-related claims
  • Developing remedial measures and enhancing compliance programs

We represent a wide variety of clients in FCA matters, including health care companies, major financial institutions, domestic corporations, and foreign industrial corporations serving as government contractors, as well as senior executives and other individuals. Our lawyers represent clients in federal FCA investigations and qui tam actions in federal courts, and in connection with investigations and litigation concerning alleged violations of state false claims statutes. We have also advised our clients on follow-on litigation, including securities litigation.

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

Our global FCA team is led by a group of experienced litigators, many of whom have held prominent government roles, including in overseeing significant FCA actions on behalf of the government. The team includes a deep bench of former federal prosecutors, including two recent Acting U.S. Attorneys for the Southern District of New York; several former senior officials of the U.S. Securities and Exchange Commission, including its most recent Chief Litigation Counsel of the Enforcement Division; and several former senior officials from the Federal Trade Commission and the U.S. Department of Justice’s Antitrust Division, including its most recent Deputy Assistant Attorney General for Litigation and Assistant Chief of the International Section.

Cleary understands the complexities of FCA matters and the government’s approach to them. We are committed to leveraging our experience to eliminate or substantially minimize clients’ FCA exposure.

Notable Experiences

False Claims Act Experience

  • A health care services company regarding criminal and civil enforcement, and False Claims Act and anti-kickback statute risk.

  • An investment advisor in an investigation by the New York Attorney General’s Office into potential violations of the New York False Claims Act relating to tax loss trades and related filings.

  • A large financial institution in a state False Claims Act litigation relating to pricing of foreign currency trades for state-sponsored pension funds.

  • U.S. Chamber of Commerce as amicus curiae before the New York Court of Appeals in a case concerning application of New York’s False Claims Act to tax collection matters.

  • A major foreign industrial corporation in connection with possible violations of the federal False Claims Act and U.S. customs laws.

  • A senior executive of a U.S. construction company in winning dismissal of a False Claims Act case, where private persons accused the executive and other individual and corporate defendants of price-fixing resulting in false claims for payment on federally funded highway projects.

  • Walgreens Boots Alliance on antitrust advice regarding CID issued in connection with a DOJ False Claims Act investigation concerning allegations that generic pharmaceutical manufacturers have engaged in market allocations, price-fixing, payments of illegal remuneration, and submissions of false claims. 

  • A shareholder derivative action against the board of directors of Kindred Healthcare in connection with its settlement with the DOJ of allegations under the False Claims Act.

  • Major corporate and financial institution clients in investigations by the New York Attorney General under the False Claims Act involving possible fair trade and New York State tax issues relating to reporting of revenues and deductions.

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

  • A health care provider on risks of possible liability of its parent company for False Claims Act damages against VistaCare, a subsidiary of Gentiva Healthcare.

  • Lafarge in responding to a civil investigative demand from the U.S. Attorney’s Office for the Southern District of Georgia regarding possible False Claims Act violations by Argos Cement.

  • A Wells Fargo employee in a DOJ False Claims Act case.

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