Anatomy of a False Claims Act Case & How the FCA Works in a Whistleblower World

Relators' counsel are increasingly willing to litigate False Claims Act cases even when the Government declines to intervene, as it does most of the time. The expansion of whistleblower programs over the last seven years has added to the number of cases and matters being filed, not only under the False Claims Act, but in other areas. This course, presented by Rachel Geman, a Partner at Lieff Cabraser Heimann & Bernstein, LLP, reviews the anatomy of a False Claims Act case: from investigation to the preparation of the Complaint and Disclosure Statement, the Relator Interview, and decision-making over whether to 'go it alone' without the Government.

The program includes a discussion of special features in litigating a non-intervened case. Specifically, the non-intervened case has a lot in common with a complex fraud case, but has additional and distinguishing factors relating to pleadings (including the application of Rule 9(b), public disclosure, and first-to-file issues), discovery sources (including the need to involve the Government and shore up materiality evidence), and experts (where open issues remain in regards to claims sampling and other areas). 

The course also places FCA cases in the constellation of other whistleblower and fraud cases: someone may present a fraud that is a very problematic FCA case but a very good case under, for example, the SEC Dodd-Frank program or in certain states; someone may think their case is a perfect consumer class action but in fact it has a qui tam angle (and problems as a class action); someone may think their case is 'only' a qui tam but it also warrants consideration under specific state laws.  

Learning Objectives:

1. Identify what 'bucket' a whistleblower case may fit into
2. Understand current case law trends under the FCA
3. Assess specific ways in which litigating a non-intervened case differs from litigating other fraud cases, on one hand, and an intervened FCA case, on the other