Whistleblower Actions and False Claims Act

Enforcement under the federal False Claims Act (FCA), related whistleblower statutes, and parallel state false claims acts poses a considerable threat to corporations and institutions. Across every industry, businesses and organizations are subject to increasingly complex and constantly changing regulations. While the FCA remains the primary tool used by the Department of Justice (DOJ) and individual whistleblowers to aggressively seek recoveries for alleged fraud, additional whistleblower provisions have been enacted under other federal statutes, along with more than 30 parallel state false claims acts. Taken together, this coordinated legislative effort has expanded the risk to businesses of significant monetary penalties and collateral consequences such as criminal actions and debarment.

Troutman Sanders’ White Collar and Government Investigations practice has extensive experience handling FCA and other whistleblower matters, whether brought by the government or individual whistleblowers, in a wide array of areas, including government contracting, healthcare, education and financial services. Leveraging resources across many of the firm’s core practices, we efficiently and effectively respond to government investigations and civil litigation. We embrace a proactive approach, working to discourage government intervention and resolve cases prior to the onset of full-scale litigation. When litigation is unavoidable, we make every effort to secure early dismissal, enabling our clients to return their attention to their core business goals.

Our attorneys represent individuals, corporations, boards and management in all aspects of FCA and whistleblower matters in the following areas, among others:

  • Defending civil ligation initiated by private whistleblowers
  • Conducting internal investigations regarding alleged violations of the FCA
  • Implementing and enhancing compliance programs
  • Defending government enforcement actions arising from parallel civil and criminal proceedings
  • Recent representative engagements include the following:
  • Conducted internal investigations of whistleblower claims made pursuant to the Sarbanes-Oxley Act
  • Represented a national wholesale distribution company in a False Claims Act action alleging violations of the Buy American Act and the Trade Agreements Act
  • Represented a state lending institution in a False Claims Act action alleging improper charges to the U.S. Department of Education student loan program
  • Represented a national temporary labor services company against a qui tam action by former employees alleging violations of the False Claims Act
  • Represented a national medical supply company under investigation for alleged multimillion-dollar Medicare fraud as a result of a False Claims Act action initiated by former employees