Jonathan Cone is a counsel in Crowell & Moring's Washington, D.C. office, where he is an active member of the firm's Government Contracts and White Collar & Regulatory Enforcement practice groups.
Legal Practice and Experience
Jon's practice stands at the intersection of government contracting and white collar crime, where he advises clients on conducting internal investigations into contract compliance, effectively responding to internal complaints and agency inspector general and grand jury subpoenas, and defending civil litigation under the False Claims Act (FCA).
In his practice, Jon defends government contractors, pharmaceutical companies, and other organizations receiving federal funds from procurement fraud allegations, brought by the U.S. Department of Justice, United States Attorneys' Offices, and qui tam relators. Jon has been involved in cases before various federal trial and appellate courts, litigating novel and important areas of the law involving the FCA and related procurement statutes and regulations.
Internal Investigations and Thwarting Prosecution
- Representing an aeronautics defense contractor in connection with a Department of Defense inspector general subpoena and an investigation by the Defense Criminal Investigative Service relating to allegations of procurement fraud. The internal investigation concluded with no charges being filed.
- Representing a services contractor in connection with an investigation by the United States Attorney's Office for the District of Columbia of allegations of procurement fraud relating to contract pricing and costing, the Procurement Integrity Act, labor hour estimates, and organizational conflicts of interest under the Federal Acquisition Regulation (FAR).
- Representing a defense contractor in connection with a Department of Defense inspector general subpoena and an investigation by the Defense Criminal Investigative Service relating to the Foreign Military Financing program.
Defending False Claims Act and Qui Tam Cases
- Defending a small defense contractor in federal district court in a qui tam lawsuit relating to allegations of FCA violations based on a breach of federal regulation and a related retaliation claim from a former employee. The case was dismissed, in its entirety, before discovery and trial.
- Authoring an amicus curie brief in the Supreme Court of the United States about the proper reach of the FCA after the enactment of the Fraud Enforcement And Recovery Act of 2009.
- Defending a defense contractor in federal district court in a FCA qui tam lawsuit against allegations involving indirect costs, Cost Accounting Standards (CAS), and fixed asset depreciation charges.
- Successfully defending a favorable judgment, the complete dismissal of a FCA qui tam complaint, in the Eleventh Circuit Court of Appeals. The lower court's dismissal of the case was affirmed, in its entirety.
A Commitment to Pro Bono Service
Jon shares in the firm's commitment to pro bono service. In 2011, he spent a year living and working in Nairobi, Kenya, where he was a legal fellow for International Justice Mission (IJM), a human rights agency that brings rescue to victims of slavery, sexual exploitation, and other forms of violent oppression. IJM lawyers collaborate with local police and prosecutors to prosecute perpetrators of sexual abuse and human trafficking to ensure that public justice systems effectively protect the poor. While in Kenya, Jon worked on a variety of criminal cases involving allegations of sexual abuse against minors and defending Kenyans who had been wrongly imprisoned.
Trial and Appellate Court Clerkships
Prior to joining Crowell & Moring, Jon was a law clerk for the United States District Court for the District of Columbia, where he spent significant time handling a FCA case involving allegations of Medicare fraud. Before that, he was a law clerk for the District of Columbia Court of Appeals, where he handled a variety of civil and criminal appeals. Having clerked for both trial and appellate courts, Jon is able to bring a unique perspective to successfully litigating FCA cases.
Legal Developments and The False Claims Act
Jon spends considerable time thinking, reading, and writing about the FCA and the legal developments in procurement fraud enforcement that affect government contractors and pharmaceutical companies. He is a regular contributor to Crowell & Moring's blog, The Government Contracts Legal Forum; click here to read Jon's posts.
Industry and Trade Associations
- American Bar Association
- ABA Section of Public Contract Law