Overview
Our team of former federal prosecutors and trial lawyers represents whistleblowers in cases of fraud committed against government entities. We work closely with federal, state, and local government lawyers in the prosecution of qui tam and other fraud cases involving government funds and programs. We also guide clients through complex False Claims Act (FCA) provisions—successfully trying FCA cases to verdict—as well as SEC and IRS whistleblower legislation.
Hundreds of millions of dollars have been recovered by McKool Smith lawyers in cases ranging from defense procurement and healthcare to fraud in all manner of government contracts.
Experience
Representative Matters
- Trinity Industries Whistleblower Suit. Representation of relator Joshua Harman in securing a unanimous jury verdict against Trinity Industries Inc. in following a six-day jury trial. The jury found that the company defrauded the United States by making false statements concerning a modified guardrail system and ordered it to pay $175 million in damages. Under federal law, the jury’s verdict was tripled to $525 million. In June 2015, a final judgment of $663,360,750 was entered against the defendant. The verdict was recognized as a "Top 100 Verdict" of 2014. Mr. Harman was also represented by co-counsel from Boies, Schiller & Flexner LLP and Ward & Smith, among other firms.
- EDMC Whistleblower Suit. Secured a $95 million settlement on behalf of two Relators against Education Management Corporation (EDMC), which operates more than 100 for-profit schools in the United States and Canada. Our clients alleged that EDMC violated federal and state FCA provisions by falsely certifying that it was in compliance with the incentive compensation ban. The global settlement also ended three separate FCA lawsuits filed against EDMC in which the government did not intervene. The case resulted in the largest settlement ever paid by an educational institution under the False Claims Act.
- JM Eagle Whistleblower Suit. Secured a unanimous verdict in California federal court on behalf of a Relator and numerous government entities in a whistleblower action brought against JM Manufacturing Company, and its former parent company, Fermosa Plastics Corporation after a jury found that the defendants knowingly manufactured and sold to government entities plastic pipe that it knew did not uniformly comply with industry standards. As a result of the decision, JM will be required to pay an as yet-undetermined amount of damages.