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 and 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 and 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 and selected legal issues
- Department of Justice statistics for claims filed and 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” and preparing the case
- Screening “Relators” and assessing potential claims
- Preparing the complaint to meet Sec. 9(b) requirements
- Prefiling requirements
- Disclosure statements — what to include and whom to serve
Nola J. Hitchcock Cross
10:45 a.m. : Multistate cooperation and the Wisconsin investigation
- Wisconsin’s administrative organization and investigations
- Joint state/U.S. investigations
- Multistate 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 and 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 and multiple relators
- “Relators” award process and issues
Nola J. Hitchcock Cross
12:00 p.m. : Question and answer
12:15 p.m. : Program concludes
Following program start time, webcast replay schedule will vary slightly from above listed times.
Faculty
Program chair and speaker
Nola J. Hitchcock Cross
Cross Law Firm, S.C.
Milwaukee
Faculty
Thomas L. Storm
Wisconsin Department of Justice
Madison
Stacy Gerber Ward
U.S. Attorney’s Office, Eastern District of Wisconsin
Milwaukee