Preston Pugh is a partner at Crowell & Moring. He has extensive experience in conducting internal investigations and responding to government investigations, often stemming from high stakes whistleblower complaints, both domestic and international. He co-leads Crowell's False Claims Act Practice, its Whistleblower and Workplace Investigations working group, and its ESG Group. He provides a perspective from having served on both sides of the whistleblower bar: in the U.S. Attorney’s Office in Chicago; in-house, as senior counsel for global compliance investigations at a Fortune 10 company; a compliance monitor appointed multiple times; and, for many years, as outside defense counsel. His work in investigations has been recognized by the Legal 500.
Apart from compliance and governance, Preston is a first chair trial and appellate lawyer. A longtime member of the trial bar in the Northern District of Illinois, and a member of the bars of New York and Washington, D.C., he has successfully tried many cases to juries as lead counsel, and has argued several more appeals in the federal courts of appeals. He has served as a certified FINRA arbitrator, as a mediator in the DC courts, and as an advocate in mediation throughout the country. He has succeeded in two cases of first impression: one in the U.S. Court of Appeals for the First Circuit and another, as amicus counsel, in the Illinois Supreme Court.
Board service, contributing to the legal profession, and mentoring are important parts of Preston’s work. His nonprofit board service is extensive, dating back to 2002. He is currently a member of the ABA Criminal Justice Section Council, which advises federal and state legislators on criminal justice policy issues. He is an elected board member of Cornell University’s ILR Alumni Association. He is the vice chair of JusticeAid, based in D.C. and New York, and a member of the board of Cycling Without Age, based in Copenhagen. And, he is an active member of the National Association of Corporate Directors.
Affiliations
Professional Activities and Memberships
- Co-Chair, Global Anti-Corruption Committee, American Bar Association
- Co-Chair, Qui Tam Subcommittee, Criminal Justice Section, American Bar Association
- American Bar Association's Task Force on Corporate Monitors
- Leadership Greater Chicago, Class of 2012
- Former Member, Character and Fitness Committee, Illinois Attorney Registration and Disciplinary Committee
- Former Chair, Labor and Employment Committee, Chicago Bar Association
Representative Matters
Whistleblower Investigations
- Led Fortune 100 board-level investigation of misconduct alleged by an anonymous whistleblower focused on the company’s CEO and CHRO.
- Led board-level investigation of Chief Actuary in publicly traded financial services company for alleged misconduct and violations of code of ethics.
- Led investigation of alleged payment of kickbacks from transport companies to employees who managed large importer's supply chain operation.
- Successfully defended a quasi-public entity in a grand jury investigation by the U.S. Attorney’s Office for the District of Columbia, focused on allegations of conflicts and bid rigging by the entity’s CEO.
- Led a team in the investigation of the chief of police for a large county authority, focused on more than ten years of workplace allegations of harassment, bullying and discrimination. Reported to and advised executive director of the county, and also county board of directors, regarding the same.
- Led the successful defense of a large healthcare provider in a ten-month OSHA whistleblower investigation regarding allegations of noncompliance with OSHA safety reporting standards and the provision of N-95 masks.
- Led an investigation of collective whistleblower concerns at a large nonprofit regarding racism, noncompliance with ADA standards, favoritism and bullying.
- Part of a team that investigated whistleblower allegations of misconduct against the executive director of a large museum.
- Led the internal investigation of a government contractor in the technology sector with respect to whistleblower concerns about the hiring of a third party in South America.
- Jointly led the investigation into allegations by a whistleblower regarding accounting and internal governance/compliance issues of a $5B non-U.S. headquartered company and its U.S. subsidiary, reporting results to external auditor.
- Conducted a nine-month internal investigation of a health care medical device company regarding allegations of kickbacks, off-label marketing, and other health care compliance issues.
- Retained by a board of directors to investigate numerous code of conduct complaints against the CEO of a large hospital, including conflicts of interest and other allegations.
- On behalf of a large corporation, investigated the company's Deputy Chief of Human Resources for numerous alleged code of conduct breaches.
- Investigated senior transportation executive for allegedly rigging a hiring process for pilots seeking promotion.
Government Investigations and Compliance Counseling
- Successfully defended a large healthcare provider joint venture, facing claims by HHS-OIG of overbilling by more than $22M. After considerable discussions with OIG, the government reversed its decision and decided against pressing any claims.
- Led team that represented former DNC Consultant/Chair of DNC Ethnic Council in foreign assistance investigation by the U.S. Senate.
- Led a top-to-bottom risk assessment of a global manufacturer in Europe, the Middle East, Africa, U.S., and Asia Pacific covering anti-corruption, third-party due diligence, cartels, government contracts, trade controls, and the use, availability, and structure of its whistleblower reporting channels.
- Represented the second largest hospital in Wisconsin after the tragic onsite homicide of a nurse-practitioner. Led a team to conduct an internal investigation of the homicide and hospital security protocols. Advised the hospital regarding communications and discussions with internal and external stakeholders. Represented the hospital in associated extensive OSHA investigation, which resulted in no adverse findings against the hospital.
- Jointly led the internal investigation of an airline in an industry-wide False Claims Act (FCA) and false statements investigation by the U.S. Department of Justice (DOJ) and the U.S. Postal Service (USPS). The investigation was both domestic and global, took place over several years, and involved dozens of witnesses.
- Defended FCA and criminal false statement allegations against a Division I university following a well-publicized 2013 dawn raid by 54 federal and state law enforcement agents. Advised university regarding crisis communications, discussions with law enforcement, internal and external stakeholders, and internal investigation of the issues. After several years, the DOJ closed the investigation with no charges filed.
- Jointly led an independent investigation of alleged conduct by coaches on a Big Ten sports team, including highly publicized allegations by student-athletes of abuse, favoritism, and racism. Drafted public report issued to all university alumni.
Litigation
- Part of a team that successfully represented a large MCO in arbitration of claims against a pharmacy for fraud and breach of contract, resulting in a decision in excess of $122M.
- Defended three executives of a large Wall Street financial institution in a nationally publicized trade secrets and non-solicitation lawsuit filed by the executives’ former employer/financial institution. The case was litigated in both the Illinois Chancery Court and FINRA.
- Defended a bank accused of widespread racial discrimination against its customers. Arbitrated the case in 2018, showed allegations had no merit, and ultimately achieved a complete victory on the merits of the case.
- Wrote the successful argument in one of the leading FCA implied certification qui tam cases in the Seventh Circuit, U.S. ex rel. Bragg v. SCR, part of the circuit split that led to the U.S. Supreme Court's decision in Universal Health Services v. U.S. ex rel. Escobar.
Speeches & Presentations
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"What Will the New Year Bring for Government Contractors?" Crowell & Moring Webinar, 2023.
(January 12, 2023).
Presenters: Crowell & Moring Government Contracts Group.
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"ESG and Insurers: Understanding the Current Landscape and the Risks Ahead," Crowell & Moring Webinar, 2022.
(September 13, 2022).
Preston L. Pugh, Laura Foggan, Trina Fairley Barlow, David R. Stepp, Miranda H. Turner, Christopher A. Cole, and Elizabeth B. Dawson.
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"How to Respond to Whistleblower-Driven Allegations," Responding to Government Investigations: The Latest Developments and Strategies for Government Contractors, Washington, D.C.
(May 17, 2022).
Speakers: Michael K. Atkinson, Trina Fairly Barlow, Christine. B. Hawes, and Preston L. Pugh.
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"Labor & Employment Hot Topics: Racial Equity and Civil Rights Audits, OFCCP Developments, and Continuing COVID Fallout," Back Together Again for OOPS 2022, Washington, D.C.
(May 16, 2022).
Speakers: Trina Fairley Barlow, Preston L. Pugh, and Rebecca L. Springer.
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American Forest & Paper Association General Counsels Coordinating Committee Fall Meeting 2021
(April 20, 2022).
Speakers: Chris Cole and Preston Pugh.
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"Governance Trends in ESG for the Aerospace and Defense Sector," Crowell & Moring Webinar.
(March 1, 2022).
Speakers: Robert Holleyman and L. Preston Pugh.
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"ESG Survey: Environmental Performance and the Stakes for Your Business," Crowell & Moring Webinar
(December 9, 2021).
Speakers: John B. Brew, Christopher A. Cole, Elizabeth B. Dawson, Thomas De Meese, Thomas A. Lorenzen, and Preston L. Pugh.
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"False Claims Act," Crowell & Moring's Government Contracts 101 Seminar 2021
(October 21, 2021).
Speakers: Brian Tully McLaughlin, Gail D. Zirkelbach, Preston L. Pugh, and Matthew Vicinanzo.
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"Ethics in Discovery 2021," Practicing Law Institute
(June 23, 2021).
Presenters: Preston Pugh, Claudia Morgan, Philip Yannella, and Andrea L. D’Ambra.
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"Labor & Employment," OOPS 2021, Crowell & Moring's 37th Annual Ounce of Prevention Seminar
(May 12, 2021).
Presenters: Trina Fairley Barlow, Kris D. Meade, Preston L. Pugh, and Rebecca L. Springer.
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"Government Contracts Investigations: The False Claims Act and Beyond," Investigations: Readiness and Response Webinar Series
(April 28, 2021).
Presenters: Stephen M. Byers, Lorraine M. Campos, Brian Tully McLaughlin, Preston L. Pugh, and M. Yuan Zhou.
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"Whistleblower Investigations and Regulatory Enforcement Trends," Elevating Black Excellence: Virtual Regional Summit Series
(April 27, 2021).
Presenters: Preston Pugh, Akasha Perez, Ritu Cooper, Erica Gerson, and Julius Redd.
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"Fireside Chat with Accenture's General Counsel Gerry Amann," National Bar Association Commercial Law Section’s 34th Annual Corporate Counsel Conference
(February 24, 2021).
Moderator: Preston L. Pugh.
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"Defense Strategies," [Virtual] 2021 Qui Tam Conference
(February 19, 2021).
Presenters: Preston Pugh, Mark Troy, Derek Ho, and David B. Robbins.
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"Government Contracts and the Biden Administration’s Priorities: Significant Changes Ahead?" Crowell & Moring Webinar
(January 14, 2021).
Presenters: Jonathan M. Baker, Robert A. Burton, Adelicia R. Cliffe, Kate M. Growley, Stephen J. McBrady, Nicole Owren-Wiest, Preston L. Pugh, Rebecca L. Springer, Craig Barrett, Paul Freeman, and Eric M. Ransom.
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"What Are the Most Likely Federal and State Enforcement and Oversight Priorities in 2021, with a Particular Focus on False Claims Act Risks, and How Can Companies Prepare Now?" Crowell & Moring Webinar
(December 11, 2020).
Presenters: Natalie O. Ludaway, Preston L. Pugh, Rebecca Monck Ricigliano, and Michael Shaheen.
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"With the expected uptick in whistleblower activity and internal investigations conducted remotely; what are key issues employers should be considering?" Crowell & Moring Webinar
(December 8, 2020).
Presenters: Trina Fairley Barlow and Preston L. Pugh.
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"Procurement Fraud/FCA/Investigations," OOPS 20/20 - Setting Your Sights
(October 22, 2020).
Presenters: Brian Tully McLaughlin, Preston L. Pugh, Nkechi A. Kanu, and Jared Engelking.
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"Conversation with the Honorable G. Zachary Terwilliger, United States Attorney for the Eastern District of Virginia," OOPS 20/20 - Setting Your Sights
(October 20, 2020).
Moderators: Preston L. Pugh and Alexis Victoria DeBernardis.
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"Crisis Management Lessons: the Interchange Between Lawyers and Communications Professionals," Practising Law Institute
(May 27, 2020).
Presenters: Preston Pugh and Emil Hill.
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"Ethics Issues Regarding Social Media & Government Contracting," American Bar Association
(May 2020).
Presenters: Preston Pugh, Abigail Stokes, Andrew Pilant and Thomas Mason.
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"Getting, Producing, Resisting, Using and Abusing Electronic Evidence: How Technology is Changing Our Practice," The 31st Annual National Institute on White Collar Crime, American Bar Association
(March 9, 2017).
Presenters: Hon. Kathleen Williams, Hon. Paul J. Fishman, Preston Pugh, Ellen Brotman, Louis Scharringhausen, and Jane Moscowitz.
Publications
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"How Can Companies Prepare For The Upcoming Wave Of ESG Whistleblowers In Europe?" Chief Executive
(May 3, 2022).
Authors: Preston L. Pugh, Stefanie, Stefanie Tack, Jessica S. Nam.
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"A Focus On Multinationals: Adding Enterprise Value Through Globalwhistleblower Protocols And Promoting Employer Values," Westlaw Today
(October 29, 2021).
Authors: Preston L. Pugh, Trina Fairley Barlow, Rachel Lesser, and Daniel P. Christmas, Esq., Corning Inc.
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"A Focus on Multinationals: Whistleblower Incentives on the International Stage," Westlaw Today
(July 29, 2021).
Author: Preston Pugh.
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"DOJ Is Getting More Imaginative With False Claims Act Enforcement And Hitting A Growing Range of Organizations," Corporate Compliance Insights
(June 8, 2021).
Authors: Preston L. Pugh, and Danielle Rowan.
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"How To Cope With Increased Whistleblower Complaints," Law360
(January 21, 2021).
Authors: Preston L. Pugh, Trina Fairley Barlow, and Christine B. Hawes.
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"Asking the Right Questions: How Corporate Boards Can Better Respond To Race Discrimination and Harassment," Corporate Counsel
(October 1, 2020).
Authors: Preston L. Pugh, and Michelle Onibokun.
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"FEATURE COMMENT: You Win Some, You Lose Some: In Wake of Ninth Circuit Defeat, the Governments Gets a Big Win from Seventh Circuit Ruling Expanding its Dismissal Authority over FCA Qui Tam Actions," The Government Contractor, Vol. 62, No. 34
(September 16, 2020).
Authors: Brian Tully McLaughlin, Jacinta Alves, Preston L. Pugh, Lyndsay A. Gorton, and Sean K. Griffin.
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"Crisis Management Response—What the Board Wants," Law.com
(May 12, 2020).
Co-Authors: Preston Pugh and Abigail Stokes.
Client Alerts & Newsletters
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"Chicago Expands Sexual Harassment Prevention Obligations for Employers,"
Labor & Employment Law Alert - US
(June 28, 2022).
Contacts: Trina Fairley Barlow, Sadina Montani, Preston L. Pugh, Rebecca L. Springer, Jessica S. Nam
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"A Focus on Multinationals: Adding Enterprise Value Through Global Whistleblower Protocols and Promoting Employer Values,"
Labor & Employment Law Alert - US
(November 12, 2021).
Contacts: Preston L. Pugh, Trina Fairley Barlow, Rachel Lesser
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"SEC Announces Plans to Review Two Trump-Era Whistleblower Rule Changes,"
Labor & Employment Law Alert - US
(August 6, 2021).
Contacts: Preston L. Pugh, Rachel Lesser
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"A focus on multinationals: Whistleblower incentives on the international stage,"
Government Contracts Bullet Points
(August 5, 2021).
Contact: Preston L. Pugh
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"Senator Grassley Introduces Long-Promised Proposed Amendments to the False Claims Act,"
False Claims Bullet Points
(July 27, 2021).
Contacts: Brian Tully McLaughlin, Michael Shaheen, Stephen M. Byers, Preston L. Pugh, Lyndsay A. Gorton
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"How Vast Government Aid and Imaginative Enforcement Could Mean FCA Liability for a Growing Breadth of Industries,"
Government Contracts Bullet Points
(June 10, 2021).
Contact: Preston L. Pugh
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"Whistleblowing – A Guide to Compliance: Part 3,"
Whistleblowing – A Guide to Compliance
(May 3, 2021).
Contacts: Preston L. Pugh, Emmanuel Plasschaert, Rachel Lesser
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"'You Have to Come Down with a Sledgehammer, Not a Toothpick!' – Senator Grassley Previews Potential Amendments to Increase False Claims Act Enforcement and Recoveries,"
Government Contracts Bullet Points
(February 18, 2021).
Contacts: Brian Tully McLaughlin, Preston L. Pugh, Lyndsay A. Gorton
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"Eleventh Circuit Holds that a Sincere Belief is not the Same as a Reasonable One Under the False Claims Act’s Retaliation Provision,"
Government Contracts Bullet Points
(February 8, 2021).
Contacts: Trina Fairley Barlow, Brian Tully McLaughlin, Preston L. Pugh, Christine B. Hawes
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"How To Cope with Increased Whistleblower Complaints,"
Labor & Employment Law Alert - US
(January 22, 2021).
Contacts: Preston L. Pugh, Trina Fairley Barlow, Christine B. Hawes
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"EO 13950 Continues to Make Headlines: Agencies Issue Class Deviations and Lawsuits Challenging the EO are Pending,"
Labor & Employment Law Alert - US
(December 1, 2020).
Contacts: Trina Fairley Barlow, Peter Eyre, Kris D. Meade, Preston L. Pugh, Rebecca L. Springer, Jillian Ambrose, M. Yuan Zhou
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"COVID-19 Relief Fraud Prosecutions Target Increasingly Sophisticated Schemes,"
White Collar Alert
(November 20, 2020).
Contacts: Preston L. Pugh, Daniel L. Zelenko, Arlen Pyenson, Lisa Nicole Umans
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"NAACP Seeks Injunction of EO Banning Implicit Bias Training,"
Labor & Employment Law Alert - US
(October 30, 2020).
Contacts: Trina Fairley Barlow, Peter Eyre, Kris D. Meade, Preston L. Pugh, Rebecca L. Springer, Jillian Ambrose
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"OFCCP Issues Request For Information on EO Prohibiting Race and Sex Stereotyping and Scapegoating,"
Labor & Employment Law Alert - US
(October 23, 2020).
Contacts: Trina Fairley Barlow, Peter Eyre, Kris D. Meade, Preston L. Pugh, Rebecca L. Springer, Jillian Ambrose
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"Trump Executive Order Barring Race and Sex “Stereotyping and Scapegoating” Poses Special Challenges for Universities and Colleges,"
(October 19, 2020).
Contacts: Amanda Shafer Berman, Laurel Pyke Malson, Preston L. Pugh, Rebecca L. Springer
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"FCA Suit Alleging Manufacturer Fraudulently Induced HHS to Stockpile $1.4B of Tamiflu to Prevent Influenza Pandemic Allowed to Proceed,"
False Claims Bullet Points
(October 5, 2020).
Contacts: Brian Tully McLaughlin, Preston L. Pugh
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"Executive Order on Combating Race and Sex Stereotyping Bans Some Diversity Training, Raises Significant Constitutional and Other Questions for Contractors,"
Government Contracts Bullet Points
(September 23, 2020).
Contacts: Trina Fairley Barlow, Adelicia R. Cliffe, Kris D. Meade, Preston L. Pugh, Rebecca L. Springer, Jillian Ambrose
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"Dismissal, Says Who? Recent Seventh and Ninth Circuit Decisions Offer Competing Views on DOJ’s Dismissal Authority under the False Claims Act, But Congress May Have the Last Word,"
Government Contracts Bullet Points
(September 18, 2020).
Contacts: Brian Tully McLaughlin, Preston L. Pugh, Lyndsay A. Gorton
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"Funds Today, Investigation Tomorrow: SBA OIG Warns of Serious Concerns of Rampant Fraud with COVID-19 Relief Funds and Calls for Immediate Action,"
Government Contracts Bullet Points
(August 4, 2020).
Contacts: Olivia Lynch, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, Preston L. Pugh, Lyndsay A. Gorton
Press Coverage
Firm News & Announcements