The False Claims Act is the government’s most powerful tool for deterring fraud and abuse on federal programs. The statute includes incentives for whistleblowers – known as “relators” – to file lawsuits alleging false claims on behalf of the government and to share in any financial recovery obtained. These whistleblower, or qui tam, actions comprise a significant percentage of the False Claims Act cases that are filed, including in the Northern District of New York, where the government has collected hundreds of millions of dollars in recent years. Whistleblowers filed 712 qui tam suits in fiscal year 2023, and this past year the Justice Department reported settlements and judgments exceeding $2.3 billion in these and earlier-filed suits.
This program will provide an overview of the False Claims Act, and perspectives and best practices from experienced counsel for the government, realtors, and defendants.
Total Credit eligibility: 6.0: Professional Practice (5.0), Ethics (1.0)
THIS PROGRAM INCLUDES A FREE CLE, AND A $40 FEE FOR LUNCH & REFRESHMENTS. THE FEE WILL BE WAIVED FOR ALL CURRENT FCBA MEMBERS AND THOSE WHO JOIN THE ASSOCIATION BEFORE THE EVENT.
Follow this link to download the event flyer.
Detailed Agenda
9:00 am to 9:30 am
Registration and refreshments
Opening remarks, Carla B. Freedman, U.S. Attorney, Northern District of New York
9:45 am to 11:00 am
False Claims Act 101: A Primer on the False Claims Act and it’s Qui Tam Provisions
– Adam J. Katz, Esq., Assistant U.S. Attorney
– Erica Hitchings, Esq., Whistleblower Law Collaborative, LLC
11:00 am to 12:00 pm
Panel Discussion: Finding Clients, Preparing Cases, and Adding Value: The Role of the Relator’s Counsel in FCA Cases
– Randall Fox, Esq., Kirby McInerney LLP
– Erica Hitchings, Esq., Whistleblower Law Collaborative, LLC
– Andrew Miller, Esq., Baron & Budd, P.C.
12:00 to 1:00 pm – Lunch and Networking
1:00 to 2:00 pm
Panel Discussion: The Government’s Perspective: The mechanics of a government FCA investigation, DOJ’s enforcement priorities, and effective strategies for relator’s counsel and defense counsel for engaging with government counsel.
– Thomas Spina, Jr., Esq., Chief, Civil Division, Northern District of New York
– John Hoggan, Esq., Assistant U.S. Attorney, Northern District of New York
– Chris Moran, Esq., Assistant U.S. Attorney, Northern District of New York
– Adam Katz, Assistant U.S. Attorney, Northern District of New York
2:00 to 3:00 pm
Panel Discussion: Defending an FCA Investigation: Defense counsel’s perspective on topics including strategic civil discovery defenses, effective settlement negotiations, and successfully navigating parallel criminal/state investigations.
– Tina Sciocchetti, Esq., Nixon Peabody, LLP
– David Burch, Barclay Damon, LLP
– Reetuparna Dutta, Hodgson Russ, LLP
3:00 to 4:00 pm
Panel Discussion with all panelists: Ethical issues in FCA investigations.