False Claims Act & Government Contracts

Benesch’s False Claims Act & Government Contracts team combines deep experience in government procurement with a nationally recognized litigation and investigations practice to guide clients through high-stakes disputes involving public contracts, regulatory enforcement and False Claims Act (FCA) liability.

Overview

Whether our clients need to win a contract, respond to an investigation or develop a compliance program to mitigate future risk, Benesch delivers business-savvy, results-driven representation grounded in decades of experience in the public sector and the courtroom.

Government Contracts Are Competitive. So Are We

Our team understands the complexities of government contracting and the heightened risks of FCA enforcement. We defend clients in civil and criminal investigations and litigation, counsel on regulatory compliance and help secure and maintain public contracts with minimal risk.

Whether helping clients secure lucrative public contracts or defend against allegations of fraud, we understand how to navigate the complex regulatory landscape and mitigate risk at every stage. With attorneys who have held senior roles in government, including at the DOJ and other federal agencies, and amassed decades of courtroom experience, we bring credibility, insight and the skill set needed to every matter.

Key Services

Advising businesses on bidding, securing and managing government contracts, ensuring compliance with federal and state procurement laws.

Representing companies in FCA investigations, whistleblower (qui tam) lawsuits and enforcement actions.

Advising businesses on compliance programs, risk assessments and reporting obligations.

Challenging and defending contract awards to protect clients’ interests.

Defending Against False Claims Act & Enforcement Actions

We have a strong track record defending companies and individuals facing FCA allegations, including whistleblower (qui tam) complaints, parallel criminal investigations and administrative enforcement actions.

We regularly interact with the DOJ, U.S. Attorneys’ Offices, Offices of Inspector General and state attorneys general, and we have successfully resolved matters pre-suit, through motion practice, trial and negotiated settlement.

Representing a wide variety of clients, including contractors, grant recipients, healthcare providers, defense contractors, manufacturers and research institutions, we defend against allegations involving:

Inflated or false invoices
Bid rigging and procurement fraud
Billing for unapproved or noncompliant work
Kickbacks and self-dealing
False certifications of compliance
Violations of the Trade Agreements Act, Buy American Act and other sourcing rules

Government Contracts Counseling & Advocacy

We help our clients identify and secure opportunities in the public sector, advising on contract strategy, procurement compliance, small business and disadvantaged business certifications, teaming agreements and bid protests. Benesch works collaboratively with clients to manage risk and regulatory complexity throughout the lifecycle of a government contract.

Services include:

Counseling on FAR, DFARS and state/local procurement rules
Bid preparation and protest representation
SBA program eligibility and participation
Subcontracting, teaming and joint ventures
Contract performance and change order negotiation
Ethics and compliance programs
Disclosure obligations and internal investigations

Our work in action

Representative Examples

Secured a favorable civil resolution,

with no admission of liability, for a healthcare provider in a DOJ FCA investigation concerning Medicare billing and Stark Law compliance.

Represented a research university

in response to a whistleblower complaint involving alleged misuse of federal grant funds. Convinced the DOJ to decline intervention.

Secured a multimillion-dollar local government contract

on behalf of a client through a successful bid strategy and government relations advocacy.

Counseled a defense subcontractor

on an internal investigation and disclosure obligations following discovery of potential false statements in a bid submission.

Assisted a state-wide coalition

in developing a Women-Owned Business Enterprise Program and related legislation to expand access to public contracting opportunities.