Jenner & Block

 

False Claims Act Litigation and Investigations

  • Successfully defended a major services contractor in parallel False Claims Act and criminal investigations.
  • Successfully defended private company in False Claims Act investigation alleging overseas contract noncompliance.
  • Successfully defended a surety company in a nationwide False Claims Act investigation.
  • Successfully defended manufacturer in False Claims Act case alleging quality failures.
  • Successfully defended manufacturer in a False Claims Act case alleging pricing issues.
  • Successfully defended multiple small businesses during False Claims Act investigations, resolving several with full declinations, and achieving a favorable settlement in the one matter where a declination did not occur.
  • Investigated and defended False Claims Act allegations discovered by client during pre-sale diligence; investigated, mitigated, and resolved allegations permitting sale of company.
  • Successfully defended a major services contractor in a False Claims Act case alleging time mischarging.
  • Successfully defended multiple qui tam actions filed against clients in the construction industry.
  • Active False Claims Act defense efforts include clients in services contracting, insurance / reinsurance, cybersecurity / information protection, healthcare, construction, manufacturing, insurance, and small business set-aside markets and industries.

Litigation

  • Ficarra v. SourceAmerica (EDVA 2020), motion to dismiss with prejudice granted in whistleblower reprisal case.
  • Ficarra v. SourceAmerica (EDVA 2019), motion to dismiss granted in whistleblower reprisal case.
  • Advanced Systems Technology and Management, Inc. v. Guan (EDVA 2018), preliminary injunction granted in theft of trade secrets case.
  • JBL System Solutions LLC v. Williams, et al. (EDVA 2019), precedential decision that proposed debarments are sufficiently final agency action to confer jurisdiction under Administrative Procedure Act.

White Collar Criminal Defense and Investigations

  • Successfully defended allegations of part substitution, major fraud against the United States, and criminal false claims.
  • Successfully defended executive against allegations of FCPA, money laundering, and Procurement Integrity Act violations.
  • Successfully defended company from allegations of criminal fraud in the disaster recovery contracting industry following issuance of target letter. No prosecution resulted.
  • Successfully defended services contracting industry executive after receipt of target letter from US Attorney’s office. Moved the executive from a target to a cooperating witness through multiple proffer sessions.
  • Successfully defended several senior executives of services industry contractors following various allegations of criminal fraud.
  • Active white collar criminal defense matters include clients in the services contracting, manufacturing, parts supply, and foreign military sales markets and industries.
  • Routinely engaged as counsel to special committees of boards of directors to advise the board concerning risks in white collar matters.

Internal Investigations

  • Investigated allegations of accounting, pricing, and expense-related misconduct in multi-year contract. Successfully resolved matter through contract modification and ratification of prior conduct, including payment to contractor of outstanding invoices.
  • Investigated allegations of improper use of foreign nationals and non-US citizens on government contracts. Successfully resolved allegations through contract administration and ratification of prior conduct.
  • Conducted multiple investigations into allegations of bribery and Anti-Kickback Act violations, successfully preventing company liability in each instance.
  • Investigated allegations of misconduct and human trafficking in international contracting.
  • Investigated various matters alleging misconduct in supply chains, including suspected Anti-Kickback Act violations, sham suppliers, counterfeit parts, and supplier cost and pricing misconduct, among others.
  • Investigated allegations of Foreign Corrupt Practices Act and United Kingdom Bribery Act violations by foreign subsidiaries of US-based companies.
  • Investigated and successfully defended whistleblower reprisal allegations before multiple agencies including Department of Defense and NASA.
  • Investigated and defended allegations of collusion in contract formation in construction-related contracts for civilian agencies.
  • Investigated and defended allegations of Buy America Act and Trade Agreements Act violations in military department contracts.
  • Routinely sought by special committees of boards of directors to advise the board concerning internal investigations.

Suspension/Debarment Defense

  • Successfully resolved dozens of suspensions and proposed debarments. Managed advance communications (including proactive disclosures as well as responding to Show Cause Letters and Requests for Information) with DoD and Civilian Debarring Officials concerning internal investigations, including allegations involving key senior executives.
  • Successful representations include matters before: Departments of the Air Force, Navy and Army; Department of Homeland Security; Defense Logistics Agency; General Services Administration; Environmental Protection Agency; various Intelligence Community agencies; Department of Education; Department of Energy; Federal Highway Administration; Federal Transit Administration; and the World Bank, among others.

Transactions

  • Regularly leads government contracts related due diligence for corporate transactions on both the buy side and the sell side, in the public and private markets.