Griffin Durham Tanner & Clarkson is known for its expertise in pursuing and defending False Claims Act (FCA) investigations. Our attorneys have prosecuted and defended FCA cases resulting in more than $100 million in settlements and judgments.
Our experience spans all sides of FCA cases. We have represented whistleblowers, companies, and individuals in matters involving allegations of fraud against the government. This diverse background gives us a comprehensive understanding of FCA litigation, allowing us to effectively advocate for anyone involved in an FCA investigation.
Call (404) 891-9150 to speak with a False Claims Act Attorney.
Griffin Durham has extensive experience with FCA cases
At Griffin Durham Tanner & Clarkson LLC, we help clients navigate False Claims Act (FCA) cases with confidence and expertise. Whether you’re a whistleblower looking to expose fraud against the government or a company facing FCA allegations, we provide strategic legal guidance every step of the way.
Our team has extensive experience handling complex FCA litigation, from investigating fraud in healthcare and government contracts to defending clients against enforcement actions. We work tirelessly to protect whistleblowers, maximize potential rewards, and build strong defences for those under investigation. No matter your position in an FCA case, we are here to advocate for you.
Results obtained from Griffin Durham’s clients speak for themselves
Recent relator wins:
- Confidential settlement during middle of trial testimony, resulting in one of largest procurement fraud recoveries in Georgia and another confidential settlement in a declined case.
Recent defense wins:
- Obtained rare withdrawal of intervention by DOJ and subsequent complete dismissal after filing a motion to dismiss relator’s complaint. No settlement.
- Convinced DOJ to decline and close FCA case. No settlement.
- Defended two physicians in FCA rare FCA trial–obtained extremely favorable result mid-trial involving a nuisance value payment.
Here’s what our clients have to say
“Some of the best False Claims Act lawyers in the country. Great in the courtroom and the boardroom. Could not be happier with the result.” – former client, executive of a small business.
“Highly recommend this firm – Tom is one of the best in Atlanta” – former client, owner of a medical practice.
How the False Claims Act Works
The United States False Claims Act (FCA), originally enacted during the Civil War, remains a formidable legal instrument. This statute empowers the federal government to recover funds wrongfully obtained by contractors—entities that supply goods and services to the government.
In addition to the federal FCA, 31 states have enacted their own False Claims Acts, modeled after the federal framework.
Under the FCA, both the government and whistleblowers have the authority to initiate lawsuits against individuals or entities suspected of defrauding federal or state programs. By law, any whistleblower-initiated lawsuit must first be filed “under seal,” meaning it remains confidential.
This initial anonymity allows the Department of Justice (DOJ) to conduct its investigation without alerting the alleged wrongdoer, preserving the integrity of the inquiry and protecting the whistleblower’s identity.
Common (and Not So Common) Violations of the FCA
Under the FCA, the government and parties whistleblowing on behalf of the government are protected from purchasing defective products or services. Generally, a standard of knowledge is required for a party to be liable.
However, you can also collect if a company is reckless in not knowing that the product or service it sold to the government was defective.
The False Claims Act’s false claims provision imposes liability on anyone who knowingly submits or causes the submission of a fraudulent or false claim for payment. This critical safeguard helps protect businesses from fraudulent charges that could severely impact their finances and cash flow.
The false statement provision is important as the information presented to you in business must be accurate. Under the false statement provision, the FCA has created liability for knowingly making, using, or causing to be made or used a false record or statement that is material to a false or fraudulent claim.
Something is material to a claim if it impacts an important part of the claim. If you are misled into a business deal because a party to the transaction made a false claim, you could be entitled to damages.
This involves improper conduct to avoid paying the government or to retain an overpayment from the government improperly.
The purpose of the reverse false claim is to protect the government from parties dodging legitimately owed debts or from being unjustly enriched if the government makes a mistake and pays out too much.
Conspiring to commit a violation of any other liability provisions under the False Claims Act occurs when two or more parties work together to engage in illegal conduct. In cases involving multiple defendants, the potential for liability extends to those involved in a conspiracy to defraud the government. For a conspiracy charge, it is necessary that at least two parties are involved in the unlawful activity, making the collaboration between individuals or entities a key component of this offense.
Less Common Violations
Traditional FCA liability arises when a company knowingly or recklessly provides the government with a defective product or service.
Beyond this, false certification liability extends FCA violations to breaches of additional contractual, regulatory, or legal requirements. This may include failing to meet specific compliance obligations tied to a government contract.
Less commonly cited FCA violations include:
- Knowingly or improperly withholding money or property owed to the government.
- Submitting a receipt for payment without full knowledge that the information it contains is accurate.
- Knowingly purchasing or receiving government property from an employee who lacks the authority to sell it as collateral for a debt or obligation.
While these provisions are less frequently invoked, they still carry serious legal consequences under the FCA.
False Claims Act Investigations
The DOJ pursues companies and individuals it suspects may have violated the FCA. With assistance from agencies, the DOJ uses a wide range of tools to compel those under investigation and witnesses to provide information.
Common tools in FCA investigations include civil investigative demands (“CIDs”), administrative subpoenas, and inspection warrants, all of which can be used separately or in the same case to gather information.
By the time investigators approach targets, subjects, or witnesses, they have likely already gathered key evidence, including documents, medical records, emails, text messages, and, in some cases, recorded conversations.
Often, an investigation eventually becomes “overt,” meaning those involved become aware that an FCA inquiry is underway.
Once the investigation concludes, the government may choose to drop the case or seek a resolution with the potential defendant outside of court. If a settlement cannot be reached, the government can proceed with litigation, or the whistleblower may pursue the case on the government’s behalf.
Should the government or whistleblower succeed at trial, the financial consequences for the defendant can be severe—potentially three times the amount of the loss, plus additional penalties that can reach tens of thousands of dollars per violation.
Whistleblowers stand to receive up to 30% of the total recovered amount through a settlement or judgment. Each year, millions of dollars in rewards are paid to individuals who help expose fraud against the government.
Common Strategic Issues
With decades of combined experience, the False Claims Act attorneys from Griffin Durham Tanner & Clarkson will employ all strategies that apply in advance of your position and your case, including the following.
The FCA requires that the defendant “knowingly” engage in the violation. Deliberate ignorance or reckless disregard for truth or falsity is included in this, but without meeting the requisite standard of knowledge, the government cannot hold you accountable.
Collective Knowledge
This defense is based on a lack of knowledge and can be used by corporations as a defense when the government cannot prove that any one person knew of the falsity of the relevant claims or assertions.
Prior Government Knowledge
The courts have held that if the government had prior knowledge and approval of the facts underlying a false claim, the defendant could negate the government’s ability to prove a “knowing” submission of a false claim.
This defense is not statutory but does apply in some cases.
The FCA does not specifically define “false” or “fraudulent,” allowing your attorney to provide judicially constructed categories of falsity in support of your case.
Factual vs. Legal Falsity
Factual falsity is a false statement of fact, while legal falsity occurs when a claim is factually correct but misrepresents the deal’s compliance with underlying statutes or regulations.
Reasonable Interpretation
This defense argues that the alleged false claim could be based on a reasonable interpretation of the relevant contractual terms or regulations, making it reasonable.
Defendants are only liable under the FCA for false statements that are material to the false or fraudulent claim, and if the false statements are not material, there is no FCA claim.
Statute of Limitations for FCA Claims
The statute of limitations sets a deadline by which a case must be filed in court. If you fail to bring a case within this period, you are barred from doing so.
To protect your rights, it’s crucial to file your claim within the statute of limitations, as the applicable time frame can vary depending on the specific facts and circumstances of your case.
For a federal False Claims Act (FCA) claim, the statute of limitations is:
- Six years from the date when the violation was committed.
- Three years following the date when the US official who was responsible for acting in the circumstances knew, or reasonably should have known, of the material facts to the right of action, but not over ten years after the date of the violation itself.
Contact Our Experienced False Claims Act Attorneys
The attorneys at Griffin Durham Tanner & Clarkson have experience from every angle of FCA case: as federal prosecutors, representing whistleblowers in meritorious cases, and defending those caught up in meritless investigations.
Call (404) 891-9150 today, or you can schedule a consultation online.