Managing FCA Compliance in the Pandemic: Taking Steps to Minimize Risk

Members of Reinhart's False Claims Act Practice led a webinar detailing exposure to liability under the federal False Claims Act (FCA) and how it presents significant and growing risks to any company or individual that does business with the government. With the increased scrutiny of funds disbursed under the Paycheck Protection Program (PPP) or other government relief programs introduced in response to the coronavirus pandemic, companies applying for or participating in those programs are potential targets of government enforcement activity and costly whistleblower claims.

Click the video above to view the webinar.

Click here for the presentation materials.

Topics Discussed:

• Overview of the FCA and the importance of compliance. The FCA and analogous state laws are the primary enforcement tools available to prosecutors aiming to protect government resources, and are used aggressively to extract billions of dollars in civil penalties and settlements each year. Our panel explained why an ounce of prevention is always worth far more than the expense of defending an FCA allegation in court.
• What to Expect from Law Enforcement (and Whistleblowers!). The government has already made clear that it is prioritizing enforcement activities relating to COVID-19 relief programs, and participants in those programs are prime targets of whistleblowers. We discussed what we’ve already seen, and what’s to come in the area of FCA enforcement.
• How to Navigate a Constantly Changing Legal Landscape. The government is taking additional steps to respond to the pandemic and resulting economic fallout, and regulators are issuing new guidance for those seeking to take advantage of those measures on a seemingly daily basis. We discussed those developments and how they impact your FCA exposure.
• How to Minimize Your FCA Risks. What are the practical steps you can (and should) take to minimize FCA risks, including those presented by pandemic relief and other government programs? What do you do when faced with a government audit or investigation? How do you avoid (or respond to) whistleblowers? Our team of experienced FCA attorneys discussed how best to protect yourself and your company from the threat of FCA liability.

About Our Speakers: 

Mark A. Cameli is a shareholder in Reinhart's Litigation Practice and is chair of the firm’s White Collar Litigation and Corporate Compliance Team. He is a former federal prosecutor and former chief of the Civil Division of the United States Attorney’s Office in the Western District of Wisconsin.

Thomas M. Burnett is a shareholder in Reinhart’s Litigation Practice where he specializes in insurance, financial services and health care litigation. He has served as a Special Assistant Prosecutor with the Milwaukee District Attorney’s Office.

Daniel G. Murphy is an attorney in Reinhart’s Litigation Practice where he specializes in product liability and safety litigation. He is a former Assistant District Attorney with the Milwaukee County District Attorney’s Office.

David G. Palay is an attorney in Reinhart’s Litigation Practice and White Collar Litigation and Corporate Compliance Team where he focuses on white collar criminal defense and a variety of transactional matters.

Ryan S. Stippich is a shareholder in the Reinhart’s Litigation Practice where he focuses on advising board committees on conducting internal investigations and representing companies victimized by fraud.