12th Annual Advanced Forum on
False Claims and Qui Tam Enforcement
January 27 – 28, 2025
New York City Bar Association, New York, NY
Distinguished CHAIRS:
Lisa Kutlin Senior Compliance Counsel, Investigations Pfizer (Former Assistant U.S. Attorney, Eastern District of New York)
Mary Inman Partner Whistleblower Partners
Roderick Thomas Partner Wiley Rein LLP
Hear Directly from GOVERNMENT ENFORCERS:
Jacob Foster
Principal Assistant Chief, National Rapid Response Strike Force, Fraud Section, Criminal Division
U.S. Department of Justice
Zachary Cunha US Attorney for the District of Rhode Island United States Attorneys’ Office
Brian Miller
Special Inspector General for Pandemic Recovery
U.S. Department of Treasury
Exclusive
ONE-ON-ONE INTERVIEW WITH:
Michael Granston
Deputy Assistant Attorney General, Civil Division U.S. Department of Justice
Meet Leading Industry
DECISION-MAKERS FROM:
• BAE Systems, Inc.
• Bristol-Myers Squibb
• GE Aerospace
• Lockheed Martin Corporation
• Northwell Health
• Pfizer
A record in government recoveries over $2 billion. The announcement of new Whistleblower Incentive Programs. The rise of data driven analysis and artificial intelligence. Increased liability for third parties. These are the fundamentals of the False Claims Act landscape for 2025.
Fiscal Year 2023 marked the fifteenth straight year of recoveries exceeding $2 billion, hitting a record $2.68. Over $1.8 billion of these recoveries come from the healthcare industry alone. With an emphasis on data from enforcers and relators, and incentive programs encouraging whistleblowers, the FCA remains a steadfast tool that promises to only get stronger
DOJ has continued to utilize data across the enforcement landscape, diving deeper into pandemic-related fraud and Medicare advantage matters, identifying outliers to indicate likely fraud. Additionally, whistleblowers and relators filed 712 qui tam cases in 2023, with settlements and judgements exceeding $2.3 billion. With the introduction of the DOJ’s new Corporate Whistleblower Awards Pilot Program, the intersection of the Anti-Kickback Statute and the FCA, and rigorous investigations into the minutiae of fraud, enforcement efforts have never been more powerful
Considering judicial questions surrounding knowledge standards for liability, cybersecurity adequacy, and the constitutional validity of the qui tam provision, the future of the False Claims Act landscape remains uncertain.
Attending ACI’s 12th Annual Advanced Forum on False Claims and Qui Tam Enforcement will provide the clarity you need in this evolving environment. Join us live in NYC to hear directly from government enforcers, cross-industry compliance and investigations counsel, and top attorneys from both the defense and relators’ bar on how to prepare for the next wave of FCA enforcement and avoid becoming a target of government action.
CHAIRS
Lisa Kutlin
Senior Compliance Counsel, Investigations Pfizer
(Former Assistant U.S. Attorney, Eastern District of New York)
“The diverse perspectives of panelists and participants make this my go-to FCA conference every year.”
Mary Inman Partner Whistleblower Partners
“[This] is the definitive, must-attend event for all False Claims Act practitioners.”
Roderick Thomas Partner Wiley Rein LLP
“This is a great opportunity to exchange ideas and build relationships within this diverse FCA bar.”
GOVERNMENT
Michael Granston
Deputy Assistant Attorney General, Civil Division U.S. Department of Justice
Zachary Cunha
US Attorney for the District of Rhode Island
United States Attorneys’ Office
Erek Barron
US Attorney for the District of Maryland
United States Attorneys’ Office
Brian LaMacchia
Chief, Affirmative Civil Enforcement Unit, District of Massachussets
United States Attorney’s Office
Charlene Keller Fullmer
Deputy Chief, Civil Division, Eastern District of Pennsylvania
United States Attorney’s Office
Clarissa Pinheiro
Assistant US Attorney for the Southern District of Florida
United States Attorneys’ Office
Richard Hayes
Chief Civil Division
U.S. Attorney’s Office, Eastern District of New York
Brian Miller
Special Inspector General for Pandemic Recovery
U.S. Department of Treasury
Amanda Riedel
Director, COVID-19 Fraud Enforcement Task Force
U.S. Department of Justice
Jacob Foster
Principal Assistant Chief, National Rapid Response Strike Force, Fraud Section, Criminal Division U.S. Department of Justice
Sara Vann
Senior Assistant Attorney General, Medicaid Fraud Division
Office of the Attorney General of the State of Georgia
ESTEEMED SPEAKERS
Jolie Apicella Partner
Wiggin and Dana LLP
Jenelle Beavers
Managing Director Alvarez & Marsal Holdings, LLC
Maurice Bellan Partner
Baker & McKenzie LLP
Heather Bloom Director and Associate General Counsel for Litigation and Compliance
Lockheed Martin
Julie Bracker Partner Bracker & Marcus LLC
Matthew Cannon Shareholder Greenberg Traurig, LLP.
Justin A. Chiarodo Partner Blank Rome LLP
Jay Dewald Partner | Head of Healthcare Investigations Norton Rose Fulbright
Jonathan Diesenhaus Partner, Litigation, Arbitration, and Employment Hogan Lovells
Alice M. Eldridge
Senior Vice-President & General Counsel
BAE Systems, Inc.
Jillian Estes Partner
Morgan Verkamp LLC
Lyndsay A. Gorton Counsel Crowell & Moring LLP
Rebecca J. Hillyer Partner
Morgan, Lewis & Blockius LLP
Jody Hunt General Counsel
Samford University (Former Assistant Attorney General, Civil Division, U.S. Department of Justice)
Paul Kaufman Vice President, Office of Legal Affairs Northwell Health
John Kokkinen
Senior Associate General Counsel – Optum Litigation
UnitedHealth Group
Former Assistant United States Attorney, Criminal Health Care Fraud Coordinator, U.S. Department of Justice
Amy Kossak Partner, Ropes & Gray LLP (Former Senior Trial Counsel, Civil Division, U.S. Department of Justice)
Enu Mainigi Partner
Williams & Connolly LLP
Brian Tully McLaughlin Partner
Crowell & Moring LLP
Ann McRitchie Assistant General Counsel Amentum
Luke Meier Partner Blank Rome LLP
Lisa Noller Partner Foley & Lardner LLP
Jaime Raich
Executive Counsel, Global Investigations, GE Aerospace (Former Assistant U.S. Attorney, Southern District of Florida)
Tejinder Singh Partner Sparacino PLLC
Christian D. Sheehan Partner
Arnold & Porter Kaye Scholer LLP
Jennifer M. Wollenberg Partner
Morgan, Lewis & Blockius LLP
Adam Yoffie
Senior Corporate Counsel – Litigation & Government
Investigations
Bristol-Myers Squibb Company (Former U.S. Trial Attorney, Health Care Fraud Strike Force, U.S. Department of Justice, District of Columbia)
Day 1 – January 27, 2025
7:15am Registration and Breakfast
8:15am Opening Remarks from the Conference Chairs
Lisa Kutlin Senior Compliance Counsel, Investigations Pfizer
(Former Assistant U.S. Attorney, Eastern District of New York)
8:30am Navigating
Mary Inman Partner Whistleblower Partners
Roderick Thomas Partner Wiley Rein LLP
High-Stakes: Supreme Court Rulings Reshaping FCA and Qui Tam Enforcement
With heightened attention from the Supreme Court, the False Claims Act landscape is undergoing shifts that demand scrutiny. In this conference opening session, participants will hear critical insights into the most significant Supreme Court and lower court rulings transforming the practice. Topics of discussion will include:
• Examining Supreme Court and lower court decisions in cases impacting the enforcement of the False Claims Act including
» U.S. ex rel. Schutte v. SuperValu Inc.
» Universal Health Services, Inc. v. United States ex rel. Escobar
» U.S. ex rel. Polansky v. Executive Health Resources Inc.
» Wisconsin Bell, Inc. v. United States, ex rel. Todd Heath
• Discussing the impact of Loper Bright Enterprises v. Raimondo on FCA enforcement and litigation
• Revisiting the “Brand Memorandum” in the wake of Loper
» Assessing how Loper has shifted the application of the memo in DOJ FCA dismissals
9:45am FIRESIDE
Jonathan Diesenhaus Partner, Litigation, Arbitration, and Employment Hogan Lovells
Enu Mainigi Partner
Williams & Connolly LLP
Tejinder Singh Partner
Sparacino PLLC
Brian Tully McLaughlin Partner
Crowell & Moring LLP
CHAT: Insider Perspectives on FCA Enforcement and Policy
Join Jody Hunt and Michael Granston for an exclusive discussion offering insider perspectives on the latest trends and enforcement priorities under the False Claims Act. This candid conversation will provide invaluable insights into policy shifts, DOJ strategies, and what lies ahead for litigation.
Michael Granston
Deputy Assistant Attorney General, Civil Division U.S. Department of Justice
INTERVIEWED BY Jody Hunt
General Counsel, Samford University
(Former Assistant Attorney General, Civil Division, U.S. Department of Justice)
10:15am Morning Networking Break
10:45am
Targeted for Action: Unpacking DOJ’s Enforcement Priorities and Focus Areas
This session will explore the evolving enforcement strategies at DOJ. Topics of discussion will include:
• Reviewing DOJ’s efforts to uncover Pandemic related fraud
• Understanding the impact of DOJ’s new data-driven enforcement efforts on investigations
• Exploring DOJ’s recent focus on telehealth companies in the healthcare and life sciences industries, and what this means for traditional healthcare companies implementing new technologies
• Predicting new focus areas and enforcement priorities under the new administration
Zachary Cunha
US Attorney for the District of Rhode Island United States Attorneys’ Office
Julie Bracker Partner Bracker & Marcus LLC
Amy Kossak Partner Ropes & Gray LLP
(Former Senior Trial Counsel, Civil Division, U.S. Department of Justice)
11:45am
Whistleblowers
Awards on the Rise: DOJ’s Pilot Program and the Industry-Wide Impacts
This session will explore DOJ’s new Corporate Whistleblower Awards Pilot Program and the far-reaching impact on compliance, enforcement, and legal strategies. Topics of discussion will include:
• Unveiling DOJ’s new program and its potential to expose corporate fraud
• Exploring how SEC, CFTC, and FinCEN programs will amplify compliance and enforcement efforts
• Examining the impact on defense and relator strategies
• Predicting the effects of the program on risk mitigation and legal strategies
12:45pm Networking Lunch
1:45pm
Five Years of Pandemic Fraud Recovery in Review
In 2020, in the wake of the COVID-19 Pandemic, a Special Inspector General for Pandemic Recovery position was created by CARES Act. The office and position are scheduled to sunset on March 28, 2025. Join Special Inspector General Brian Miller as he speaks with government officials from across the enforcement landscape on:
• Assessing the work of the DOJ Task Force on COVID-19 Fraud Enforcement
• Revisiting recent pandemic fraud cases involving False Claims Act enforcement in the District of Massachusetts, such as the Kabbage case
• Examining pandemic fraud enforcement in the District of Maryland
• Reviewing the 5-year tenure of the Office of the Special Inspector General for Pandemic Recovery
2:45pm
Jacob Foster
Principal Assistant Chief, National Rapid Response Strike Force, Fraud Section, Criminal Division
U.S. Department of Justice
Jaime Raich
Executive Counsel, Global Investigations
GE Aerospace
(Former Assistant U.S. Attorney, Southern District of Florida)
Erek Barron US Attorney for the District of Maryland United States Attorneys’ Office
Brian LaMacchia Chief, Affirmative Civil Enforcement Unit, District of Massachussets United States Attorney’s Office
Brian Miller
Special Inspector General for Pandemic Recovery U.S. Department of Treasury
Amanda Riedel Director, COVID-19 Fraud Enforcement Task Force U.S. Department of Justice
When to Disclose: A Cost Benefit Analysis of How and When to Voluntarily Self-Disclose
This session will detail the intricacies of self-disclosure credit programs from DOJ, OIG, and HHS, explaining how companies can leverage these programs to mitigate risk. We will look closer at how to determine if, and when, disclosure should be made. Topics of discussion will include:
• Understanding how these voluntary self-disclosure programs operate and interact
• Learning the criteria for receiving credits when voluntarily disclosing potential violations
• Exploring the importance of Voluntary Self-Disclosure (VSD) in compliance strategies
• Maximizing the benefits to protect your organization
• Untangling the impact of self-disclosure on internal company structures
» Concerns regarding fiduciary duty to stakeholders
• Assessing when VSD is appropriate for your client
3:45pm Afternoon Networking Break
4:00pm Challenging
Alice M. Eldridge
Senior Vice-President & General Counsel BAE Systems, Inc.
Lisa Noller Partner Foley & Lardner LLP
Charlene Keller Fullmer Deputy Chief, Civil Division, Eastern District of Pennsylvania
United States Attorney’s Office
the Constitutionality of the False Claims Act’s Qui Tam Provisions
This session will explore the constitutional challenges to the FCA’s qui tam provisions, including key rulings and dissenting opinions that question its fate. Topics of discussion will include:
• Examining U.S. ex rel. Polansky v. Executive Health Resources Inc. and Justice Clarence Thomas’s dissent on (c)(2)(A)
• Analyzing the impact of lower court cases
• Discussing the transforming landscape with cases like Zafirov v. Florida Medical Associates LLC and United States v. ExacTech Inc.
5:00pm Champagne Roundtables
6:00pm Conference Adjourns
Matthew Cannon Shareholder
Greenberg Traurig, LLP.
Lyndsay A. Gorton Counsel Crowell & Moring LLP
Ann McRitchie
Assistant General Counsel Amentum
Christian D. Sheehan Partner
Arnold & Porter Kaye Scholer LLP
Day 2 – January 28, 2025
7:30am Registration and Breakfast
8:30am Welcome Back from the Conference Chairs
8:45am Staying Above Board: Spotlight on In-House Cooperation and Compliance
Maintaining a strong compliance practice that protects your company, fosters good DOJ relations, and avoids fraud requires robust internal systems. To succeed, you must track compliance rigorously and ensure full cooperation with agency requests – actions that can save or cost millions. During this in-house led roundtable, topics of discussion will include:
• Maintaining and utilizing data analytics to ensure consistent compliance and safeguard against potential self-incrimination
» How to defend a case in which a company’s data may indicate outliers without providing the complete picture
» How to prosecute a case in which a company’s data is self-incriminating without the capacity to comprehensively analyze said data
• Identifying how and when to look further into a whistleblower complaint
• Analyzing the intersection between internal data analysis and the scienter standard to avoid constructive knowledge of fraud
• Understanding how to comply sufficiently and promptly with a CID, Subpoena, or Civil Request to avoid unnecessary delay and ensure cooperation with investigative action
9:45am The Anatomy
of an FCA Trial: How, When, and Where
Heather Bloom
Director and Associate General Counsel for Litigation and Compliance
Lockheed Martin
Paul Kaufman
Vice President, Office of Legal Affairs
Northwell Health
Adam Yoffie
Senior Corporate Counsel – Litigation & Government Investigations
Bristol-Myers Squibb Company
(Former U.S. Trial Attorney, Health Care Fraud Strike Force, U.S. Department of Justice, District of Columbia)
to Get Off the Ride
This practical session will explore key milestones in an FCA case where strategic decisions can save time and money, and protect your reputation. Topics of discussion will include:
• Identifying exit strategies at every stage of government intervention
• Determining whether to settle with the government or take a case to trial after the government has intervened
• Establishing strategies for settlements to limit expense and prepare for success should there be additional civil or criminal trials
10:45am Morning Networking break
Roderick Thomas Partner
Wiley Rein LLP
John Kokkinen
Senior Associate General Counsel –Optum Litigation
UnitedHealth Group
Former Assistant United States Attorney, Criminal Health Care Fraud Coordinator, U.S. Department of Justice
11:00am The Intersection of Fraud: How the Anti-Kickback Statute Fuels FCA Cases
This session will examine the connection between the AKS and the FCA, exploring how violations of one can trigger liabilities under the other. Topics of discussion will include:
• Analyzing the 2010 ACA amendments that ties AKS violations to FCA claims
• Examining the growing body of case law and the implication for legal strategy, including Grenfield, Cairns, Martin, Teva, and Regeneron
• Understanding the circuit split and its implications for future risk mitigation
12:00pm Networking Lunch
Richard Hayes Chief Civil Division U.S. Attorney’s Office, Eastern District of New York
Maurice Bellan Partner Baker & McKenzie LLP
Jay Dewald Partner | Head of Healthcare Investigations
Norton Rose Fulbright
Rebecca J. Hillyer Partner
Morgan, Lewis & Blockius LLP
1:00pm Spotlight on Healthcare: Navigating Telehealth, AI, and Emerging Risks
This panel will identify new focus areas in healthcare fraud enforcement, with special attention paid to emerging technologies including Telehealth platforms, data analytics, and AI. Topics of discussion will include:
• Exploring FDA compliance requirements in the evolving healthcare landscape
• Utilizing data analytics and AI to strengthen compliance and prevent fraud risks
• Examining cases like United States ex rel. Doe v. eviCore Healthcare MSI and Shire Pharmaceuticals to understand emerging enforcement priorities
• Identifying insights from healthcare that can inform compliance strategies in other industries adopting new technologies
2:00pm State and Federal Enforcement: Understanding the Similarities and Distinctions Between Investigations at Every Level
With over 30 states enforcing FCA statutes alongside federal provisions, enforcement is growing in both arenas. This session will provide an in-depth exploration of the evolving interplay between state and federal efforts, highlighting key trends, challenges, and opportunities for navigating this increasingly complex enforcement landscape.
3:00pm Afternoon Networking Break
Clarissa Pinheiro
Assistant US Attorney for the Southern District of Florida United States Attorneys’ Office
Lisa Kutlin
Senior Compliance Counsel, Investigations Pfizer (Former Assistant U.S. Attorney, Eastern District of New York)
Jenelle Beavers
Managing Director Alvarez & Marsal Holdings, LLC
Jennifer M. Wollenberg Partner Morgan, Lewis & Blockius LLP
Sara Vann
Senior Assistant Attorney General, Medicaid Fraud Division Office of the Attorney General of the State of Georgia
3:15pm Expanding the Scope: Private Equity Liability in False Claims Act Cases
Recently the DOJ has emphasized holding third parties accountable when they have caused the submission of false claims. These “third parties” increasingly include private equity firms, particularly in the healthcare industry. Topics of discussion will include:
• When do private equity companies become liable for fraudulent acts by the companies in which they invest?
• How do private equity companies ensure safety from liability?
• How do companies and their funders work together to remain diligent?
• Lessons learned from PE cases that can be applied across other industries facing FCA scrutiny
Jolie Apicella Partner Wiggin and Dana LLP
Mary Inman Partner Whistleblower Partners
4:00pm ETHICS – From AI to Gag Orders: Ethical Concerns in the False Claims and Qui Tam Environment
• Identifying potential ethical pitfalls when utilizing AI for document and data review
• Maintaining privilege while gaining efficiency through new digital technologies
• Avoiding possible ethical violations when utilizing gag orders in litigation and settlement strategies
Jillian Estes Partner Morgan Verkamp LLC
Luke Meier Partner Blank Rome LLP
5:00pm Conference concludes
EARN CLE CREDITS
Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.
ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.
ACI certifies this activity has been approved for CLE credit by the State Bar of California.
ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.
For more information on ACI’s CLE process, visit: www.AmericanConference.com/Accreditation/CLE
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VENUE
New York Bar Association 42 West 44th Street, New York, NY 10036
ACCOMMODATIONS
American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate at the Sofitel Hotel. To take advantage of these rates, please contact the hotel directly and quote “ACI’s False Claims”.
HOTEL: Sofitel New York
ADDRESS: 45 West 44th Street
RESERVATIONS: Anna.Li@Sofitel.com or 212-782-3015
Please note that the guest room block cut-off date is December 27, 2024. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.
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