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IF YOU’VE FOOLED ME ONCE, YOU’VE FOOLED ME A THOUSAND TIMES: THE DUE PROCESS CONCERNS OF EXTRAPOLATING FCA LIABILITY

An article written by Maynard Cooper attorneys Anthony (“AJ”) Joseph, Harrison Smith, Tommy Buck and Stewart Alvis was recently selected for publication in the ABA Criminal Justice Section’s White Collar Crime Committee Newsletter (Winter/Spring 2017 Edition). The article examines what civil False Claim Act (“FCA”) defendants may sometimes face as federal courts are currently in the midst of a debate as to whether proof of liability for a small number of false claims may be extrapolated to prove liability for a larger universe of unexamined claims. Their essay poses the simple question of whether the quasi-criminal nature of the FCA should be considered in determining whether such extrapolations violate an FCA defendant’s due process.

The authors are all members of the White Collar Defense and Investigations Group practice where they represent individuals and organizations in connection with a broad range of government investigations, enforcement actions, internal investigations, and criminal prosecutions.

Click on the attached PDF below to read the full article. 

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