The False Claims Act and FIRREA: Trends and Developments in Civil Fraud Enforcement

(933 Ratings)

Produced on: June 07, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Advanced

For more than 30 years, the Justice Department has used the civil False Claims Act (“FCA”) as its primary tool for recovering losses from alleged fraud on the government. More recently, the Justice Department has added the civil penalty provision of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (“FIRREA”) to its civil fraud enforcement toolbox. While these two statutes differ in key respects, both can severely impact companies and individuals accused of submitting false claims or engaging in certain other “fraudulent” activity.

This course, presented by Doug Baruch and Jenny Wollenberg, leaders of Fried Frank’s False Claims Act and FIRREA practice, provides an overview of FIRREA’s civil penalty provision and the FCA and then presents developments and trends under these civil fraud enforcement statutes.


Learning Objectives: 

  1. Develop an understanding of the FCA, including its qui tam provision
  2. Comprehend FIRREA’s civil penalty provision
  3. Gain an appreciation for what is at risk under both statutes, including by analyzing recent noteworthy recoveries
  4. Acquire an awareness of relevant developments, including Supreme Court activity
  5. Receive practical guidance to help reduce risk under the FCA and/or FIRREA’s civil penalty provision




Faculty

Douglas Baruch

Fried, Frank, Harris, Shriver & Jacobson LLP

Douglas W. Baruch, a litigation partner resident in Fried Frank's Washington, DC office, leads the Firm’s False Claims Act and FIRREA Practice.

Mr. Baruch represents corporations and individuals in a variety of complex civil and criminal litigation matters, ranging from investigations and subpoena compliance to federal court litigation, with an emphasis on cases arising under the False Claims Act and FIRREA. He regularly handles matters arising in the healthcare, financial institutions, and defense and aerospace sectors.

Mr. Baruch is a co-author of FraudMail Alert®, which reports on significant developments in the False Claims Act and FIRREA arena. He also writes and lectures extensively on various aspects of the False Claims Act and FIRREA and is a co-author of a book chapter in the Settlement Agreements in Commercial Disputes treatise entitled, “Settlement Considerations Under the Federal Civil False Claims Act” (Wolters Kluwer Law & Business).

Mr. Baruch is co-chair of Fried Frank's Pro Bono Committee.

 

Honors & Awards

Mr. Baruch is recognized by Benchmark: Litigation and has been selected as one of “Washington’s Top Lawyers” by Washingtonian magazine. Mr. Baruch also is recognized by Legal 500 in International Arbitration.

 

Professional Associations

Member, Board of Directors, Washington Lawyers' Committee for Civil Rights and Urban Affairs

Member, Board of Directors, Lawyers' Committee for Civil Rights Under Law

 

Bar Admissions/Licensed Jurisdictions

District of Columbia; Maryland; New York; United States Supreme Court; United States Courts of Appeals for the District of Columbia and Federal Circuits; United States Courts of Appeals for the Fourth, Sixth and Ninth Circuits; United States District Court for the District of Columbia; United States District Court for the Southern District of New York; United States District Court for the District of Maryland

Jennifer Wollenberg

Fried, Frank, Harris, Shriver & Jacobson LLP

Jennifer M. Wollenberg is a litigation special counsel in Fried Frank’s Washington, DC office, where she is a member of the Firm’s False Claims Act and FIRREA Practice.  She joined the Firm in 2004.

Ms. Wollenberg has been engaged in a variety of matters, including False Claims Act and FIRREA investigations and litigation, commercial litigation and arbitration, and internal investigations and monitoring.  She is currently representing a major financial institution in one of the largest active False Claims Act and FIRREA litigations in the country.

Ms. Wollenberg frequently speaks and writes about the False Claims Act and FIRREA and is a co-author of FraudMail Alert®, which reports on significant developments in the False Claims Act and FIRREA arena.

 

Bar Admissions/Licensed Jurisdictions

District of Columbia, New York, the United States Court of Appeals (Second, Ninth, and District of Columbia Circuits), the United States Court of Federal Claims, the United States District Court for the District of Columbia, and the United States District Court for the Southern District of New York

Reviews

EE
Emily E.

Very useful content.

RH
Richard H.

Good program.

LF
Lawrence R. F.

very knowledgeable

MJ
Matthew J.

Great

GD
Gary D.

This is a very good introduction to the mechanisms designed to prevent fraud against the government and "whistleblower" retaliation and protection.

FM
Frances M.

Very interesting topic. Excellent presentation.

SG
Steve G.

I enjoyed this presentation a great deal. Well organized. Helps me on a file I have.

GD
Gerardo D.

Informative

LK
Lori K.

very informative!

TH
Trudy H.

Excellent presentation

RM
Robert M.

Presenters did a very good job presenting the basics. Provided examples of how the statutes are applied. They also presented reasonable evidences of current trends.

SK
Shelley K.

Both presenters provided excellent updates on these important laws and cases. Very informative and helpful.

DE
Deborah E.

Excellent program presented by clearly knowledgable speakers

DW
Donna W.

I really learned quite a bit and both speakers demonstrated tremendous knowledge.

FK
Frederick K.

very helpful program

AP
Andrew P.

Very interesting

BS
Benjamin S.

Thank you!

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