Brian C. Elmer is a retired founding partner in the Washington, D.C. office of the law firm of Crowell & Moring LLP. He is former chairman and a member of the firm's management committee and former chairman of the firm's Corporate and White Collar & Regulatory Enforcement groups. He graduated from Cornell University in 1960 and the University of Michigan Law School in 1962, and served as a law clerk in the U.S. Court of Appeals for the District of Columbia Circuit.
Brian was admitted to the bar in Michigan and the District of Columbia. He was a member of the American and District of Columbia Bar Associations and was listed in Who's Who in America, Who's Who in American Law and International Who's Who of Business Lawyers.
Brian was a co-author of Government Contract Fraud published by Federal Publications Inc., as well as numerous articles and papers. He frequently lectured on the subjects of criminal and regulatory investigations and business fraud, including, for example, procurement, securities, customs, export controls, environmental, and corrupt practice matters.
Insights
Speeches & Presentations
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"Ethical and Legal Challenges in the Pre-Unsealing Stages of Qui Tam Litigation," ABA 9th Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, Washington, D.C.
(June 6-8, 2012).
Speaker: Brian C. Elmer.
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Ethical & Legal Issues Arising in Qui Tam Litigation, ABA 8th Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, Washington, D.C.
(June 2-4, 2010).
Speaker: Brian C. Elmer.
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"Fraud, Debarment and Suspension," West's Government Contracts Year in Review Conference, Washington, D.C.
(February 16-19, 2010).
Speakers: Brian C. Elmer and W. Stanfield Johnson.
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"Fraud, Debarment and Suspension," West's Government Contracts Year in Review Conference, Washington, D.C.
(February 18-20, 2009).
Speakers: Brian C. Elmer and W. Stanfield Johnson.
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"Professional Responsibility," Georgetown Law School Lecture, Washington, D.C.
(October 30, 2008).
Lecturer: Brian C. Elmer.
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"The Government's Overlooked Weapon in Protecting the Public Fisc: Dismissals Under 31 U.S.C. § 3730(c)(2)(A)," ABA 7th Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, Washington, D.C.
(June 11-13, 2008).
Speaker: Brian C. Elmer.
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"Fraud, Debarment and Suspension," West's Government Contracts Year in Review Conference, Washington, D.C.
(February 26-29, 2008).
Speakers: Brian C. Elmer and W. Stanfield Johnson.
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"The Insufficient Complaint - Consequences," ABA 21st Annual National Institute, White Collar Crime 2007, San Diego, CA
(March 1, 2007).
Speaker: Brian C. Elmer.
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"Fraud, Debarment and Suspension," West's Government Contracts Year in Review Conference, Washington, D.C.
(February 22-23, 2007).
Speakers: Brian C. Elmer and W. Stanfield Johnson.
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"Government Employee-Relators: The Dr. Jekyll and Mr. Hyde Syndrome," ABA 6th Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, Washington, D.C.
(June 14-16, 2006).
Speaker: Brian C. Elmer.
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"The FCA in the Courts of Appeal - 2005," ABA 20th Annual National Institute on White Collar Crime 2006
(March 2-3, 2006).
Author: Brian C. Elmer.
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"The FCA in the Courts of Appeal - 2004-2005," American Conference Institute, False Claims Act Enforcement & Litigation
(June 16-17, 2005).
Author: Brian C. Elmer.
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"The FCA in the Courts of Appeal - 2004," ABA 19th Annual National Institute on White Collar Crime 2005
(March 3-4, 2005).
Author: Brian C. Elmer.
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"The Statutes of Limitations Applicable to the Government’s Common Law and False Claims Act Claims," ABA 18th Annual National Institute on White Collar Crime 2004
(March 4-5, 2004).
Author: Brian C. Elmer.
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"The FCA in the Courts of Appeal - 2003," ABA 18th Annual National Institute on White Collar Crime 2004
(March 4-5, 2004).
Author: Brian C. Elmer.
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"FCA Settlements: A Practical Guide for Defense Counsel," ABA 17th Annual National Institute on White Collar Crime 2003
(March 6-7, 2003).
Co-Authors: Brian C. Elmer and Alan W.H. Gourley.
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"FCA Liability: Some Common Law and Contractual Limitations," ABA 4th Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement
(January 29-31, 2003).
Co-Authors: Brian C. Elmer and Alan W.H. Gourley.
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"Materiality, Causation and Reliance as Elements of Civil False Claims Act Liability," ABA-CLE 16th Annual National Institute on White Collar Crime
(February 28-March 1, 2002).
Co-Authors: Stephen M. Byers, Brian C. Elmer and Burke W. Kappler.
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"The Supreme Court Stirs the Muddy Waters of the FCA: Life After Stevens," ABA 3rd Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement
(November 28-30, 2001).
Co-Authors: Brian C. Elmer and Jeffrey E. Greene.
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"FCA Damages and Penalties: Recent Developments and Recurrring Themes," ABA National Institute on White Collar Crime
(2001).
Co-Authors: Brian C. Elmer and Stephen M. Byers.
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"False Claims Act v. The Energy and Minerals Industry," 21st Annual Energy & Minerals Law Institute
(May 10-12, 2000).
Co-Authors: Brian C. Elmer and Mark R. Koehn.
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"Litigating Qui Tam Actions: Defending Reverse FCA Actions," ABA National Institute on White Collar Crime
(1999).
Author: Brian C. Elmer.
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"Litigating Qui Tam Actions: Doctors, Double Jeopardy, Excessive Fines and The False Claims Act," ABA National Institute on White Collar Crime
(1999).
Author: Brian C. Elmer.
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"Representing the Corporation: An Emergency Guide to Search Warrants and Representing the Corporation — Potpourri," ABA National Institute on White Collar Crime
(1998).
Author: Brian C. Elmer.
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"Procurement Fraud — Highlights," ABA National Institute on White Collar Crime
(1994).
Author: Brian C. Elmer.
Publications
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"Ethical & Legal Issues Arising in Qui Tam Litigation," ABA 8th Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement
(June 2010).
Co-Authors: Brian C. Elmer and Jonathan R. Cone.
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"The Insufficient Complaint - Consequences," ABA 21st Annual National Institute on White Collar Crime 2007
(March 2007).
Co-Authors: Brian C. Elmer and Andy Liu.
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"Government Employee-Relators: The Dr. Jekyll and Mr. Hyde Syndrome," ABA 6th Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, Washington, D.C.
(June 2006).
Co-Authors: Brian C. Elmer and Andy Liu.
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"Can An Employee Release Minimize False Claims Act Liability?" ABA 20th Annual National Institute on White Collar Crime 2006
(March 2-3, 2006).
Co-Authors: Brian C. Elmer, Jody Goodman, and J. Catherine Kunz.
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"'Because of': FCA Damages and Penalties," American Conference Institute, False Claims Act Enforcement & Litigation
(June 2005).
Co-Authors: Brian C. Elmer and Andy Liu.
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"FCA Damages and Penalties: Recent Developments and Recurring Themes," ABA 19th Annual National Institute on White Collar Crime 2005
(March 2005).
Co-Authors: Brian C. Elmer and Andy Liu.
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"An Emergency Guide to Federal Search Warrants," Crowell & Moring Business Crimes Update, Issue 15
(August 2004).
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"FCA Damages and Penalties: Recent Developments and Recurring Themes," ABA 5th Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement
(June 2004).
Co-Authors: Brian C. Elmer and Andy Liu.
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"New Federal Law Targets Corporate Misconduct," Crowell & Moring Business Crimes Update, Issue 14
(August 2002).
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"The Privilege Against Self-Incrimination," Crowell & Moring Business Crimes Update, Issue 13
(February 2002).
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"False Claims Act Developments," Crowell & Moring Mining Law Monitor
(October 1999).
Co-Authors: Brian C. Elmer, John A. Macleod and Mark R. Koehn.
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"Economic Espionage," Crowell & Moring Business Crimes Update, Issue 12
(August 1997).
Author: Brian C. Elmer.
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"Voluntary Disclosure Programs: Confession May Be Good For The Soul, But Is It Good For The Body Corporate?" Corporate Counselor's Guide to the Organizational Sentencing Guidelines (Business Laws Inc.)
(November 1995).
Co-Authors: Brian C. Elmer and Ramona E. Romero.
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"The Worm Turns," Crowell & Moring Business Crimes Update, Issue 10
(November 1995).
Author: Brian C. Elmer.
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"False Claims Act Settlement Agreements," Crowell & Moring Business Crimes Update, Issue No. 5
(January 1994).
Author: Brian C. Elmer.
Client Alerts & Newsletters
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"Let's Talk FCA: The Lasting Impact of the FERA Amendments (May 2019),"
Podcast: Let's Talk FCA
(May 20, 2019).
Contacts: Brian C. Elmer, Jason M. Crawford
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"Supremes Hold FOIA Response Satisfies FCA Public Disclosure Bar,"
False Claims Bullet Points
(May 16, 2011).
Contact: Brian C. Elmer
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"Latest False Claims Act Developments Further Erode Safeguards Against Parasitic Whistleblower Suits,"
Government Contracts Bullet Points
(March 31, 2010).
Contact: Brian C. Elmer
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"Abu Ghraib Service Contractors Immune From Tort Claims,"
Government Contracts Bullet Points
(September 18, 2009).
Contact: Brian C. Elmer
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"Fifth Circuit Affirms FCA Liability and Damages Under A Fraud-in-the-Inducement Theory,"
White Collar Alert
(July 17, 2009).
Contact: Brian C. Elmer
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"FCA Treble Damages Awarded For Grant Fraudulently Induced, Despite Successful Performance,"
False Claims Bullet Points
(July 17, 2009).
Contact: Brian C. Elmer
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"U.S. Not A "Party" To Whistleblower Cases When It Has Not Intervened, Supreme Court Says,"
Government Contracts Bullet Points
(June 12, 2009).
Contact: Brian C. Elmer
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"Congress Amends False Claims Act,"
Government Contracts Bullet Points
(May 19, 2009).
Contacts: Brian C. Elmer, Peter Eyre
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"Must DOJ Intervene In Qui Tam Cases Within 60 Days After The Case Is Filed?,"
Government Contracts Bullet Points
(January 14, 2009).
Contact: Brian C. Elmer
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"More Disclosure Proposed -- And Not By The Government,"
Government Contracts Bullet Points
(July 23, 2008).
Contact: Brian C. Elmer
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"DOJ Offers Last-Minute Criticism of The False Claims Act Correction Act of 2007,"
Government Contracts Bullet Points
(July 16, 2008).
Contact: Brian C. Elmer
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"Stay Tuned For Likely Changes In False Claims Law,"
Government Contracts Bullet Points
(February 28, 2008).
Contacts: Brian C. Elmer, Marc F. Efron
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"Supreme Court Strictly Enforces CFC Statute Of Limitation,"
Government Contracts Bullet Points
(January 8, 2008).
Contact: Brian C. Elmer
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"Contractor Socked For Double And Treble Damages,"
Government Contracts Bullet Points
(November 16, 2007).
Contact: Brian C. Elmer
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"False Claims Act - Supreme Court Will Review Allison,"
Government Contracts Bullet Points
(October 30, 2007).
Contacts: Brian C. Elmer, Marc F. Efron
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"Civil FCA Relator Fees Are Deductible,"
Government Contracts Bullet Points
(August 1, 2007).
Contact: Brian C. Elmer
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"IRS Mandates Audit of Deductibility of Settlements,"
Government Contracts Bullet Points
(June 8, 2007).
Contact: Brian C. Elmer
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"Government Auditor Cannot Qualify As An Original Source,"
Government Contracts Bullet Points
(April 4, 2007).
Contact: Brian C. Elmer
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"Supreme Court Deals Set-Back To Whistleblowers,"
Government Contracts Bullet Points
(April 2, 2007).
Contact: Brian C. Elmer
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"Supreme Court Resolves “Original Source” Issue,"
Government Contracts Bullet Points
(March 28, 2007).
Contact: Brian C. Elmer
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"Supreme Court To Decide Who Qualifies As An "Original Source","
Government Contracts Bullet Points
(December 5, 2006).
Contact: Brian C. Elmer
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"Government's Complaints-In-Intervention Do Not Relate Back To Qui Tam Complaint,"
Government Contracts Bullet Points
(November 21, 2006).
Contact: Brian C. Elmer
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"CPA Procurements Subject to Civil False Claims Act,"
Government Contracts Bullet Points
(August 9, 2005).
Contacts: Brian C. Elmer, David C. Hammond
Press Coverage
Firm News & Announcements