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False Claims Act

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Our U.S. False Claim Act attorneys from multiple offices and practices firmwide have substantial experience handling False Claim Act investigations and litigation.

False Claims Act Attorneys

Case Studies

Join MoFo for a Life Sciences CLE Webinar on AKS/FCA Enforcement Trends

Association of Corporate Counsel's 6th Annual All Day MCLE La-LAW-palooza

2023 White Collar Practice Seminar

False Claims Act: A Look Back and 2021 Expectations

Demystifying the DOJ’s New False Claims Act Guidance: Navigating Implications to the Year Ahead

False Claims Act and the Implied Certification Doctrine: Navigating Potential Implications on Your Firm

Events

DOJ Releases 2024 COVID-19 Fraud Enforcement Task Force Report

True Facts About False Claims: MoFo's FCA Newsletter (April 2024)

Artificial Intelligence in Healthcare: New Avenues for Liability

DOJ Releases False Claims Act Statistics for Fiscal Year 2023

2024 Regulatory, Compliance, and Enforcement Predictions for Life Sciences Companies

True Facts About False Claims: MoFo's FCA Newsletter (January 2024)

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Outing Companies That Avoid Charges a Dilemma for US Prosecutors

QuantiTech, Qualis Beat Air Force Contract Retaliation Suit

Fraud Whistleblowers Face Big Split Over Race to Courthouse Rule

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<p>Demme Doufekias is a trial attorney whose practice focuses on matters involving complex government and internal investigations. As a member of the firm’s Investigations + White-Collar Defense practice, individuals and corporations seek Demme’s counsel through all phases of investigations and litigation, from proactive compliance counseling and due diligence through the simultaneous defense of criminal investigations, administrative proceedings, and civil litigation. She successfully defends clients in civil and criminal matters in federal and state trials.</p><p>Demme’s global investigations practice encompasses a number of substantive areas, including the Foreign Corrupt Practices Act and other anticorruption regimes, anti-money laundering, and criminal antitrust and securities violations. She has represented clients in cross-border investigations, including FCPA investigations and the U.S. Department of Justice’s (DOJ) investigations of price-fixing in the auto parts and generic drug industries. She also counsels clients in creating global anti-corruption compliance programs and in due diligence matters related to healthcare and anti-corruption laws.</p><p>Demme regularly represents pharmaceutical, biotechnology, and medical device companies and has extensive experience with healthcare investigations and regulatory matters. She defends companies and executives in federal investigations conducted by DOJ, the Department of Health and Human Services, and the Food and Drug Administration.  Her experience includes counseling and defending clients in matters related to the Food, Drug, and Cosmetic Act; other federal health care laws; and transparency laws such as the federal Physician Payments Sunshine Act. When required, Demme has successfully defended her healthcare clients at trial, including, obtaining a complete defense victory on behalf of a former pharmaceutical sales executive charged with violations of the federal Anti-Kickback statute in a two-week jury trial in U.S. District Court for the District of Massachusetts (<em>U.S. v. Bruens, et al</em>).</p><p>Demme was most recently named to <em>Global Investigations Review</em>’s “Women in Investigations” 2018 survey, which recognizes the top 100 leading female investigations specialists from around the world.</p><p>In addition to her investigations and healthcare practices, Demme maintains a robust civil litigation practice. Her experience includes conducting investigations and litigating on behalf of creditors’ committees and other constituents in federal bankruptcy matters and representing clients in state and federal civil trials.</p><p>Prior to law school, Demme worked in the White House Counsel’s Office during the Clinton administration, where she worked on various investigations by the Office of Independent Counsel, including Whitewater, campaign finance, presidential impeachment, and the activities of various Cabinet members. She is admitted to practice in Virginia and the District of Columbia.</p><h4>Representative Experience</h4><h5>Criminal Investigations and Matters</h5><ul><li>Represents Fortune 500 multinational pharmaceutical company in DOJ and SEC investigations of potential FCPA violations.</li><li>Represented numerous executives of Japanese auto parts manufacturers in connection with DOJ investigation of price-fixing in the auto parts industry.</li><li>Represented Fortune 500 technology company on various FCPA matters in multiple emerging markets.</li><li>Represented software creator in connection with grand jury investigation of WikiLeaks.</li><li>Represented global power company in connection with FERC investigation of gas-trading practices.</li><li>Represented the former chairman and chief executive officer of Kansas public utility in DOJ and IRS investigations, related shareholder litigation and arbitration proceedings, resulting in two criminal trials, with the first ending in a hung jury and the second in a conviction later reversed on appeal and subsequently dismissed.</li></ul><h5>Health Care Fraud And False Claims Act Matters</h5><ul><li>Represents executive of generic drug manufacturer in connection with DOJ price-fixing investigation.</li><li>Represented former compliance director and marketing director of global pharmaceutical company in criminal investigation of marketing and promotion of arthritis pain medication.</li><li>Represented former president of a global medical device company indicted as “responsible corporate officer” in criminal investigation concerning off-label promotion of prosthetic bone cement.</li><li>Represented former senior executive of a Fortune 500 health care and pharmaceutical company during investigation of company’s good manufacturing practices (GMP) and related product recall.</li><li>Represented executive of large regional retina practice in qui tam litigation concerning Medicare and Medicaid reimbursement violations.</li></ul><h5>Bankruptcy And Other Litigation Matters</h5><ul><li>Conducted investigations on behalf of the official committee of unsecured creditors in various bankruptcy matters in the coal industry, including Murray Energy, Westmoreland Coal Company, Patriot Coal Corporation, Peabody Energy, Inc., and Armstrong Energy, Inc.</li><li>Conducted investigation on behalf of the official committee of unsecured creditors for international telecom company Avaya Inc. and its affiliated debtors.</li><li>Conducted investigation, on behalf of Chapter 11 Trustee, into collapse of global financial broker MF Global and brought suit against former officers and directors for breaches of various duties.</li><li>Represented government contractor specializing in technologies for national security and aerospace programs in trade secrets litigation, including at trial in state court litigation and winning a partial defense verdict.</li><li>Obtained defense judgment for a national law firm in a $226 million state legal malpractice suit.</li></ul>

Demme Doufekias

Partner

<p><span class='youtube-wrapper'><iframe class="sticky-video" title="Meet Bradley D. Wine" src="https://www.youtube-nocookie.com/embed/tF7pf7uHQcc?rel=0" frameborder="0" allow="autoplay; encrypted-media" allowfullscreen="1" title="iframe"></iframe></span></p><p><span>Brad is a partner in Morrison Foerster’s Litigation Department and Chair of the firm’s Israel practice.</span><span> He is the former Co-Chair of the firm’s Global Litigation Practice and the Government Contracts + Public Procurement Practice.</span> Brad represents a wide range of government contractors and other businesses in highly regulated industries with a focus on civil litigation, compliance, and counseling. He advises companies on a variety of U.S./Israel cross-border matters and regularly speaks in Israel on a full range of legal, business, and geo-political issues.</p><p>Brad has a proven track record of saving and recovering billions of dollars for clients by providing strategic business advice, navigating global regulatory compliance frameworks, and securing complex judgments and settlements. Brad represents client interests with respect to municipal, state, federal, and non-U.S. government entities and has appeared before numerous federal and state courts, administrative tribunals, and arbitration panels in the U.S. and Europe. His clients are leaders in the professional services, information technology, transportation, software development, aerospace and defense, healthcare and life sciences, coatings and manufacturing, homeland security and intelligence, and financial services industries. His extensive experience includes:</p><ul><li>Representing clients in matters involving the False Claims Act, Foreign Corrupt Practices Act, defective pricing, export licensing, handling of classified materials, and other alleged violations and misconduct. Brad litigates disputes to judgment, conducts internal investigations, drafts and implements compliance programs, conducts training of management and key personnel, defends suspension and debarment actions, and negotiates settlements;</li><li>Successfully litigating bid protests (pre-award, post-award, and size), contract claims, and other commercial disputes before procuring agencies, the Government Accountability Office, Boards of Contract Appeals, the U.S. Court of Federal Claims, state courts, federal district courts, and the U.S. Courts of Appeals. He also counsels and litigates on behalf of clients with respect to various supplier, subcontractor, partnership, investor, and employment disputes;</li><li>Advising clients regarding critical legal and business issues as they pertain to safeguarding intellectual property and other proprietary interests, the handling of classified materials, organizational and personal conflicts of interest, ethics, bid preparation and procurement integrity, contract administration, and suspension and debarment; and</li><li>Regularly serving as primary government contracts counsel in transactional matters and counseling hedge funds, family offices, and private equity firms regarding public procurement programs and associated business opportunities.</li></ul><p>Brad holds an active security clearance and is admitted to practice in the State of Maryland, the District of Columbia, and the Commonwealth of Virginia. He is a member in good standing of the U.S. Supreme Court; the U.S. Courts of Appeals for the Fourth, Federal, and DC Circuits; the U.S. District Courts for the Districts of Maryland and the District of Columbia; the U.S. Court of Federal Claims; the Maryland Court of Appeals; and the DC Court of Appeals. In January 2019, Brad was re-appointed by the President of the United States to a five-year term on the United States Holocaust Memorial Council, the governing body of the United States Holocaust Memorial Museum. He has also been appointed to the Council’s Executive Committee and Chair of the Museum’s Committee on Holocaust Denial and State-Sponsored Antisemitism.</p>

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