Save The Date – 57th Annual Seminar Is February 8-9, 2018

This year’s event will be held at the beautiful JW Marriott, Los Angeles at L.A. Live featuring:

Keynote Speaker Sgt. Israel Del Toro

Winner of this year’s Pat Tillman Award for Service at the 25th Annual ESPY Awards, Sgt. Del Toro has an incredible story that will ignite your passion and perseverance in both your professional and personal life. 

Inspirational Speaker, Alison Levine
She is the author of the New York Times best-seller On the Edge: Leadership Lessons from Mount Everest and other Extreme Environments. Her harrowing stories of climbing the highest peak on every continent to skiing across the Arctic Circle will certainly inspire.

5 Reasons Why The ASCDC Website Is A Valuable Membership Benefit

1.  Under the “Resources” tab, you can find downloadable documents including: Sample reptile motions in limine; Opinions regarding plaintiff attorney misconduct; Exemplar closing arguments demonstrating some reptile tactics; and articles on countering reptile tactics.

2.  The resources tab also includes updates on pending legislative matters.

3.  There is a link to the current and archived editions of Verdict magazine.

4.  The “Marketplace” tab has lists of preferred vendors providing, for example, expert location services, forensic exp1. ertise and investigative services. In addition, members may post for free, ads looking to hire or to be hired as attorneys or staff or other classified ad requests.

5.  There is a listing of upcoming events.

VISIT US AT ASCDC.ORG

Demystifying The Qui Tam Process

By the Time Defendants Learn About a Lawsuit, a Lot Has Already Happened

by R. Scott Oswald

Defendants in Qui Tam lawsuits – in which a whistleblower accuses someone, usually a corporation, of fraud against the government – often don’t realize they’ve been targeted until months, or sometimes years, past the original filing date.

This is deliberate: The federal False Claims Act (FCA) requires whistleblowers to file complaints under seal so that they don’t jeopardize an ongoing criminal investigation, and also so that prosecutors can decide
whether to intervene and throw their weight behind the civil complaint. the initial seal period is 60 days, but it’s often extended at the government’s request: Few U.S. Attorney’s offices are ready to act on cases –especially meritorious cases – after a scant two months.

As a result, defendants tend to learn about qui tam suits in three main ways:

• Via investigatory demands in a civil or criminal investigation, which may
tip a savvy defendant to an underlying whistleblower action; or

• Via a limited, court-authorized disclosure for the purpose of settlement
discussions after the government has reviewed significant evidence; or

• Via service of an unsealed complaint, often after the government has decided to let the whistleblower proceed without further assistance. By the time any of these things happen, much legal maneuvering has likely occurred outside the view of defendants – and even of the judge assigned to the case. As CLE Chair of the Qui Tam Section of the Federal Bar Association (FBA), my mission is to demystify this maneuvering so that all parties can act from a shared understanding of the process.

The observations in this article are drawn from my organizing work on the False Claims Act Today, a series of educational seminars sponsored by the FBA’s Qui Tam Section in cooperation with local FBA chapters.

Obviously there’s no such thing as an average FCA case; defendants range from modest dental practices to huge defense contractors…

Members, read entire article here