Blowing the Whistle: Filing, Investigating & Defending Qui Tam Claim

State Bar of Wisconsin April 26, 2013 Waukesha

Schedule

8:00 a.m. : Registration

8:30 a.m. : An Overview of the False Claims Act

  • History & purpose
  • Types of claims
  • Qui tam provisions that authorize whistleblower actions
  • Retaliation claims
  • Procedural snapshot: filing on behalf of the government, filing under seal, first to file jurisdictional bar; public disclosure bar, 9(b) requirements

Nola J. Hitchcock Cross

9:00 a.m. : The Wisconsin False Claims Act

  • Wisconsin's FCA & differences between the state and federal FCA
  • Types of cases filed
  • Wisconsin's recovery experience

Thomas L. Storm

9:20 a.m. : An Overview of Government Recovery & Selected Legal Issues

  • Department of Justice statistics for claims filed & recoveries obtained
  • Types of fraud pursued
  • Trends in fraud recovery
  • Selected legal issues

Stacy Gerber Ward

10:00 a.m. : Break

10:15 a.m. : Screening "Relators" & Preparing the Case

  • Screening "Relators" & assessing potential claims
  • Preparing the complaint to meet Sec. 9(b) requirements
  • Pre-filing requirements
  • Disclosure statements - what to include and whom to serve

Nola J. Hitchcock Cross

10:45 a.m. : Multi-State Cooperation & the Wisconsin Investigation

  • Wisconsin's administrative organization & investigations
  • Joint state/U.S. investigations
  • Multi-state investigations and cooperation

Thomas L. Storm

11:05 a.m. : DOJ Investigation of the Complaint

  • Department of Justice organizational structure
  • Investigative strategies
  • Collaboration between federal jurisdictions when multiple related investigations & cooperation with state investigations
  • Allocation of scarce government resources
  • Related criminal investigations
  • Alternative remedies
  • What to do when the government comes knocking

Stacy Gerber Ward

11:45 a.m. : Procedures and Issues Involving "Relators"

  • "First to file" rule & multiple relators
  • Relator award process and issues

Nola J. Hitchcock Cross

12:00 p.m. : Question & Answer

12:15 p.m. : Program Concludes

Following program start time, webcast replay schedule will vary slightly from above listed times.

Faculty

Program Chair & Speaker

Nola J. Hitchcock Cross
Cross Law Firm, S.C.
Milwaukee

Faculty

Thomas L. Storm
Wisconsin Department of Justice
Madison

Stacy Gerber Ward
US Attorneys Office, Eastern District of Wisconsin
Milwaukee