Efficient and Effective Legal Representation

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

State Bar Of Wisconsin April 26, 2013 Waukesha


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.


Program chair and speaker

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


Thomas L. Storm
Wisconsin Department of Justice

Stacy Gerber Ward
U.S. Attorney’s Office, Eastern District of Wisconsin