At FGBO law, our unique False Claims Act experience gives us advantages over many others. Combined, we have over 5 decades of experience litigating the False Claims Act and representing whistleblowers. During that time, we have represented massive companies facing hundreds of millions of dollars in damages. And we have represented the brave whistleblowers that ultimately decide to stand up to those companies. Although we now exclusively represent whistleblowers, our vast experience both prosecuting and defending False Claims Act cases has given us unique insights that allow us to best represent whistleblowers.
Before hiring a False Claims Act attorney, you should be sure to ask some important questions.
Have you ever defended a company accused of violating the False Claims Act?
At first, this might seem like an odd question. After all, you are looking for an attorney to represent you, a whistleblower, not to defend a company that committed fraud. In fact though, nothing better prepares an attorney for prosecuting a False Claims Act case than having defended companies against just those kinds of charges. At FGBO, although we now exclusively represent whistleblowers, our attorneys have represented some of the largest companies in the world in False Claims Act litigation. On the defense side, we have prevailed in significant False Claims Act cases with hundreds of millions of dollars on the line. In doing so, we learned the pitfalls that many whistleblowers fall into, and the strategies that defendants use to escape liability. We use that knowledge to assist our clients, and avoid the common mistakes that cost so many whistleblowers their claims.
Have you ever tried a False Claims Act case?
False Claims Act cases rarely result in trials. Because those trial are rare, many False Claims Act practitioners have never tried a False Claims Act case. At FGBO, however, we have successfully tried False Claims Act cases. For example, our attorneys recently tried a False Claims Act case after the United States declined to intervene and the whistleblower’s original attorney chose not to proceed alone. In that case, the jury found after a contentious trial that the defendant had submitted hundreds of false claims to the United States. The resulting damages and penalties resulted in a seven figure verdict. False Claims Act trial experience is valuable and something you should consider when deciding which False Claims Act attorney is right for your case.
Do you represent whistleblowers if the United States does not intervene?
Yes. Many False Claims Act attorneys will take your case, file it, and hope that the United States intervenes. But if the United States declines to intervene, as they often do, then the lawyer will withdraw. At FGBO, however, we will pursue claims that the United States declines, and have taken such cases to trial. Of course, on occasion the United States’ investigation will uncover evidence that undermines a claim, and in those cases dismissal of a claim (or withdrawal) may be justified. But at FGBO we would never withdraw from representing a client just because the United States does not pick up the case.
Do you have the resources necessary to prosecute a False Claims Act case?
The costs to pursue and prevail on a False Claims Act case can be very high. The litigation can last for years, require frequent travel, and require costly investigations. At FGBO, we have resources necessary to fully fund an FCA claim, and will use those resources on behalf of our client to obtain the best result possible.