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In Brief: A Digest of Qui Tam Projects

Client Success
  • Represented a large developer/design builder in a government investigation regarding compliance with the Buy American Act and related qui tam False Claims Act lawsuit. Limited the investigation and persuaded the Department of Justice not to intervene in the matter. While motions to dismiss were pending, we successfully negotiated a settlement with the realtors and their counsel. Obtained court approval of the settlement without the consent of the Justice Department.
  • Assisted a services contractor in connection with an internal investigation relating to allegations of improper receipt and use of procurement-sensitive information relating to a contract with the U.S. Army Medical Research Acquisition Activity.
  • Advised a public transit agency in connection with the proposed settlement of a False Claims Act lawsuit involving the nature and quality of materials used to construct rail improvements.
  • Represented a construction contractor concerning the defense of a qui tam lawsuit alleging misrepresentations regarding compliance with disadvantaged business enterprise requirements on a federal project. Succeeded in causing the realtor to dismiss the claims against our client even before discovery commenced.
  • Represented a government contractor in a civil False Claims Act case involving the alleged sale to the U.S. Army of ammunition from a prohibited source country. Participated in extensive settlement negotiation with Department of Justice regarding liability and damages and advised client in connection with proposed settlement.
  • Represented a major Postal Service contractor in connection with a false claims investigation by the USPS Inspection Service. The alleged misconduct involved allegedly inflated invoices and double-billing. Led a defense effort that resulted in the Postal Service withdrawing its suspension of the contractor, abandoning its false claims allegations, and restoring normal contractual relations.
  • Represented a government contractor being investigated for civil and criminal false claims in connection with submission of invoices for professional services and written report. Persuaded Assistant United States Attorney not to bring civil or criminal charges, and obtained a settlement in which the Postal Service paid the contractor on these same invoices.
  • Represented a construction contractor in defense of alleged false claims and false statements arising under project work orders. Brought affirmative Contract Disputes Act claim on behalf of the contractor seeking payment under many of the same work orders being investigated for false claims. Succeeded in securing dismissal of the false claims action, full payment to the contractor on all work orders in question (plus Prompt Payment Act interest), recovery of attorney fees under Equal Access to Justice Act, and million dollar payment by the Government for breach of payment obligations.
  • Represented Postal Service transportation contractor investigated for submission of false claims. Reviewed and analyzed pertinent documents and provided advice that resulted in informal resolution.
  • Advised a Postal Service equipment contractor investigated for false statements and false claims relating to alleged violation of cost and pricing data obligations under multi-hundred-million-dollar contract. Reviewed contract provisions and correspondence, and provided legal analysis on cost and pricing data obligations.
  • Represented a contractor in False Claims Act investigation related to submission of allegedly false statements accompanying thousands of invoices over multiyear period. Government alleged damages and penalties totaling more than $50 million. Led effort that resulted in mediation and settlement of action.
  • Represented an airline investigated by the Postal Service OIG for alleged false statements and false claims relating to cost statements, fuel, and carriage of passengers.
  • Represented a Postal Service transportation contractor in False Claims Act litigation relating to alleged contractual obligation to disclose and turn over discounts and rebates received from contractor’s fuel supplier. Case settled with payment of no amount towards alleged false claims.
  • Represented a utility company investigated for false claims in connection with materials submitted as part of its Contract Disputes claim seeking payment for services provided under its federal contracts.
  • Represented an international construction contractor in civil False Claims Act investigation and qui tam litigation alleging intentional violations of the Buy American Act.
  • Represented web-based photography-services provider in qui tam action brought on behalf of the State of Illinois alleging Internet sales and use-tax violations;
  • Represented specialty retailer of fashion footwear in qui tam action brought on behalf of the State of Illinois alleging Internet shipping tax violations.