False Claims Act Insights

Jonathan Porter

False Claims Act Insights explores how the U.S. government uses the False Claims Act (FCA) to stamp out fraud and corruption in government contracts. Each episode, Jonathan Porter, a former Assistant U.S. Attorney and currently a partner with Husch Blackwell’s White Collar, Internal Investigations & Compliance team, chats with preeminent guests to provide listeners with an up-to-date understanding of the FCA, including trends in recent litigation and compliance efforts. The show also explores those elements of the FCA that make it a uniquely powerful tool for the government against private business, including the Act’s utilization of whistleblowers and its qui tam provisions, as well as evolving theories of FCA liability that expand the boundaries of what the Act covers, including cybersecurity and so-called reverse FCA claims. read less
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Episodes

The Art and Science of Corporate Compliance in Managing FCA Risk
Jun 3 2024
The Art and Science of Corporate Compliance in Managing FCA Risk
Host Jonathan Porter welcomes Adam Briggs, Associate General Counsel at UPS, to the podcast to discuss corporate compliance, its role within a corporation, and how it can lessen a corporation’s exposure to False Claims Act liability. Jonathan and Adam discuss the fundamentals of a properly designed and resourced compliance program, including the scale of compliance required by government contracting. They explore the importance of the human element in building cultures of compliance, in addition to the reporting structure and processes needed for compliance.Jonathan and Adam also discuss the evolution of the Department of Justice’s ability to assess the health and vigor of corporate compliance programs and to determine whether violations of law are outliers or something more problematic.Finally, Jonathan and Adam explore best practices around internal investigations and how corporations handle allegations of wrongdoing that surface within the organization.Jonathan Porter BiographyFull BiographyJonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.Adam Briggs BiographyLinkedIn ProfileAdam Briggs is Associate General Counsel with United Parcel Service (UPS), the world’s leading transportation company. In his role with UPS, he manages a variety of regulatory enforcement risk areas for UPS’s global operations. Adam re-joined UPS in 2023 after four years as Chief Compliance Officer of Mayo Clinic. At Mayo Clinic, Adam led an extensive transformation of the organization’s compliance program and oversaw risk areas including data privacy, internal investigations, employee hotline, fraud prevention, third-party risk management, government contracts, and employee training. He also served on the Audit & Finance Committee of Sheikh Shakhbout Medical City, a 700+ bed hospital in Abu Dhabi, UAE. Adam previously worked for UPS from 2010 to 2019, during which time he served as UPS’s Region Compliance Officer for the Asia Pacific region, Director of Special Investigations, and lead counsel for anti-corruption, antitrust, privacy, trade sanctions & embargoes, third-party risk, and cybersecurity. Adam began his legal career with Godfrey & Kahn, a Wisconsin law firm.  He received his law degree from Georgetown University and his undergraduate degree from the University of Wisconsin-Madison.
Railroaded! How to Approach the Twin Tracks of Parallel Proceedings
May 20 2024
Railroaded! How to Approach the Twin Tracks of Parallel Proceedings
Host Jonathan Porter is joined by Troy Clark, Director and Corporate Counsel with Wellstar Health System, to discuss the peculiarities and difficulties of tackling parallel proceedings, that is, investigations and/or enforcement actions that have both a False Claims Act and criminal component. Jonathan and Troy recount a prosecution they handled in parallel while serving together at the Department of Justice involving government procurement fraud and the bribery of public officials, among other charges. From there, they explore the nuance and complexities of how dual-track investigations proceed and the importance for in-house and defense counsel to establish the scope of investigations early on and to know how to ask the right questions of the right people at the right time.Jonathan and Troy also discuss a possible third track for these actions, the administrative level, that can have enterprise-altering implications for government contractors, particularly if government authorities pursue disbarment, which would forbid a company from contracting with the government in the future.Finally, Jonathan and Troy cover some due process considerations that often bear upon parallel proceedings, including the use of “stalking horse” tactics by prosecutors. They discuss case law and statutory law protections in place that can help defendants manage risk and liability in parallel civil and criminal cases. Jonathan Porter BiographyFull BiographyJonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.Troy Clark BiographyTroy currently serves as Director and Corporate Counsel for Wellstar Health System. In that role, Troy leverages his years of practical experience earned as a former trial and appellate lawyer and as a former Assistant United States Attorney, to help manage all aspects of litigation, compliance and risk management, and internal investigations for all health system entities. In addition, Troy provides practical legal advice to all health system departments to help achieve business objectives, institutional projects, mitigate risk, and provide the highest level of patient care.
Are We Done Here? The Unique Dynamics of FCA Settlements
May 2 2024
Are We Done Here? The Unique Dynamics of FCA Settlements
Host Jonathan Porter welcomes Husch Blackwell’s Lorinda Holloway to explore settlements in the context of False Claims Act (FCA) litigation. Jonathan and Lorinda discuss the differences between FCA settlements and those typically seen in commercial litigation. They explore what is meant by “covered conduct” and why broad releases are rarely seen in FCA settlements. The presence of whistleblowers, or relators, is another distinguishing feature of FCA litigation, adding another layer of complexity to FCA settlement negotiations, especially around attorneys’ fees which the FCA allows whistleblowers to demand as part of a recovery. Jonathan and Lorinda also take on the crucial issue of how FCA settlement discussions need to account for the defendant’s ongoing business objectives and its ability to continue doing business with the government. The Department of Justice often has a tight focus on FCA litigation, leaving parallel administrative issues or disputes to its agency clients; however, defendants should seek to gain as much clarity as possible on their ability to operate as a contractor and make those inquiries part of the larger settlement negotiation, especially as it might impact any admission of liability as part of the settlement.Finally, Jonathan and Lorinda discuss the concept of pocket judgments, also called spring-loaded judgments, which often involves defendants that have an inability to pay the judgment in a bullet payment. Pocket judgments usually involve something akin to an installment plan, and typically, defendants also enter into a consent judgment for a higher sum of money that can be invoked by the government if the defendant fails to abide by the installment plan. Jonathan Porter BiographyFull BiographyJonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.Lorinda Holloway BiographyFull BiographyBased in Austin, Texas, Lorinda is a member of the Husch Blackwell’s Healthcare, Life Sciences and Education industry team and counsels clients on matters concerning government investigations and disputes. For more than 25 years, she has advised and represented clients in and out of the courtroom with a particular focus on the healthcare industry, including False Claims Act, Texas Medicaid Fraud Prevention Act, and qui tam related investigations and lawsuits, audits, and in business disputes in state and federal court. Her experience in healthcare has also led to the education field, including a focus on the legal challenges faced in academic medicine.
Help! I Got a Civil Investigative Demand from DOJ. What Do I Do?
Apr 15 2024
Help! I Got a Civil Investigative Demand from DOJ. What Do I Do?
Host Jonathan Porter welcomes Husch Blackwell’s Catherine Hanaway to explore the government’s use of civil investigation demands (CIDs) within the context of False Claims Act investigations. The CID is a powerful and broad tool, and they are used to gather a variety of information regarding the conduct under investigation.Jonathan and Catherine discuss the importance of handling CIDs with care from the earliest possible juncture, including communication through counsel with government investigators that can provide valuable insight as to the scope and nature of the inquiry. The discussion follows the arc of effective CID responses, exploring why it is vital to initiate a litigation hold and to refrain from internal communications regarding the investigation, as well as how to narrow the initial inquiry through collaboration with government investigators.Finally, Jonathan and Catherine wrap up the discussion with a brief overview of how internal investigations can provide companies with the perspectives and knowledge needed to address the concerns of government investigators.Jonathan Porter BiographyFull BiographyJonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.Catherine Hanaway BiographyFull BiographyCatherine is a St. Louis-based partner with Husch Blackwell’s White Collar, Internal Investigations & Compliance team and a former chair of the firm. She has successfully handled high-profile, bet-the-company, complex matters in federal court and before regulatory agencies and represents leading global and closely-held companies—as well as their officers and owners—in civil and criminal investigations and in business litigation.Before leading Husch Blackwell as its first female chair, Catherine served as the chief federal law enforcement officer for the Eastern District of Missouri and as the only woman Speaker of the Missouri House of Representatives. As U.S. Attorney, she supervised more than 4,000 criminal, affirmative, and defensive civil cases and personally tried cases to jury verdicts. She also supervised and assisted in the development of cutting-edge theories of criminal prosecution.
Think You Know Whistleblowers? Think Again.
Apr 2 2024
Think You Know Whistleblowers? Think Again.
Host Jonathan Porter welcomes Husch Blackwell’s Jody Rudman to this inaugural podcast episode to discuss the changing profile of whistleblowers in False Claims Act (FCA) litigation.Traditionally, relators, or whistleblowers, in FCA litigation, have been employees who bring fraud claims against their employers, but recent cases demonstrate that potential whistleblowers are lurking far beyond a company’s roster of employees and include vendors, consultants, customers or clients, and members of the general public.This episode of False Claims Act Insights explores the role whistleblowers play in FCA litigation and the mechanics of how cases are filed and handled, including how companies find out whether they have been accused of fraud by a whistleblower and the government’s decision-making process in determining if and when it will intervene in the lawsuit. We talk about how whistleblowers can be current employees who take records and record conversations, leading to occasionally criminal results, and we talk about ways companies wrongfully accused by a whistleblower can sue their whistleblower for malicious prosecution. We end with some practical considerations for companies embroiled in FCA disputes that can help drive better outcomes.Jonathan Porter BiographyFull BiographyJonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.Jody Rudman BiographyFull BiographyJody serves as the Office Managing Partner for Husch Blackwell's Austin office and leads the firm's White Collar, Internal Investigations & Compliance practice group. She also spearheads the firm’s False Claims Act working group. She has assisted clients across a wide range of industries with investigations, negotiations, mediations, pretrial matters, grand jury proceedings, civil lawsuits, criminal indictments, jury trials, sentencings and appeals. She has tried dozens of jury and bench trials in the federal and state courts, argued before the U.S. Court of Appeals for the Fifth Circuit, and appeared before the U.S. Supreme Court.Prior to entering private practice, Jody served as a federal prosecutor for the Northern District of Texas and was appointed by the Texas Attorney General to spearhead high-profile charitable trust and healthcare litigation matters for the State of Texas.