Preston L. Pugh

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.