Expert Advice -- Caveat Emptor
Client Alert | 1 min read | 01.15.04
On the heels of a district court rejecting a company's reliance on expert advice in a recent False Claims Act case involving independent research and development charges (U.S. v. Newport News Shipbuilding, Inc., 276 F. Supp. 2d 539 (E.D. Va. 2003)), the Department of Justice has filed a complaint against a major accounting firm alleging that advice provided by that firm to a number of its healthcare clients caused the clients to submit "false claims" in the form of inflated bills for Medicare patients (U.S. v. Ernst & Young, LLP (E.D. Pa., filed Jan. 5, 2004)). Read in conjunction, these cases suggest that reliance on advice from outside accounting experts and other consultants as a defense to FCA charges may not be a safe harbor, particularly in circumstances where there is reason to believe that the expert advice will be perceived as "aggressive" by the government.
Insights
Client Alert | 6 min read | 01.16.26
Trump Administration Rolls Out New DOJ Division for National Fraud Enforcement
On January 8, 2026, the Trump Administration announced the creation of a new Division for National Fraud Enforcement within the Department of Justice (DOJ). The division will be led by a newly appointed Assistant Attorney General (AAG), pending Senate confirmation, who will report directly to both the President and Vice President and operate out of the White House. Such a reporting structure is unprecedented in the history of the DOJ.
Client Alert | 4 min read | 01.15.26
Access to Public Domain Documents Pilot: Practice Direction 51ZH
Client Alert | 4 min read | 01.14.26
Client Alert | 3 min read | 01.13.26
