PROSECUTORS PANEL –How Government Is Assessing the Validity of the Increasing Number of Whistleblower Reports

January 21, 2016 9:00am

Sara Winslow
Assistant United States Attorney
U.S. Attorney’s Office, Northern District of California

Sonya A. Rao
Assistant U.S. Attorney
U.S. Attorney’s Office, District of Massachusetts

Panel Moderator:

Stephen Payne
Gibson, Dunn & Crutcher LLP (Washington, DC)

Some industries affected by the False Claims Act have significantly reduced their exposure to FCA claims by implementing robust and mature compliance programs.

Defense bar might cite to recent cases in which the facts and the legal theories seem to have been stretched beyond what the FCA is designed to remedy. Government and the relators might respond that there will always be creative marketers and plenty of conduct that needs to be examined and tested under FCA standards.

Relators bar seems more active than ever, and the number of cases – both filed and carried forward after a government declination – continues to increase and the government’s activities and recoveries do not appear to have slowed.

This panel will focus on how the government evaluates the whistleblower FCA cases that are filed in this evolving environment.