False Claims Act Defense

Cozen O’Connor has one of the premier False Claims Act (FCA) defense and qui tam litigation practices in the United States.

We have a wealth of experience in the areas of health care fraud and abuse, anti-kickback violations, and government contracts fraud. Our team responds to qui tam and whistleblower suits as well as government-initiated inquiries, counsels on defense strategy and retaliation avoidance, defends civil investigative demand letters, leads sensitive internal investigations, and helps position clients for quick and quiet resolutions where possible.

Some of the nation’s leading companies in heavily regulated industries turn to us to help them navigate complex and challenging FCA investigations and litigation. We have represented government contractors, construction companies, health care providers, life sciences companies, financial institutions, and other entities that receive federal funds.

Our attorneys combine in-depth FCA, litigation, and white collar defense experience with significant regulatory capabilities to provide sophisticated counsel to clients. We have handled numerous federal and state FCA matters and defended against FCA investigations by both U.S. Attorney and state Attorneys General in jurisdictions across the United States. Our team has a strong track record of securing government declinations, outright dismissals, and favorable judgments and settlements in FCA matters.

Our team also handles any collateral matters that may arise from FCA investigations, including defending against parallel criminal investigations, administrative proceedings, and potential follow-on litigation such as state consumer protection litigation.

Our Team

Led by accomplished civil litigators and while collar defense lawyers who work closely with the firm's regulatory practices, our multidisciplinary team includes former federal prosecutors, assistant U.S. attorneys, senior enforcement lawyers, and other former government leaders from with a deep understanding of how government agencies function and a keen ability to represent our clients’ business interests at the federal and state levels.

Our team combines in-depth FCA, litigation, and white collar defense experience with significant regulatory capabilities to provide a unique advantage to clients. Our White Collar Defense & Investigations attorneys, many of whom are former government lawyers, leverage their government FCA, fraud, and trial experience to our clients’ benefit, while our regulatory attorneys help clients navigate the business and regulatory challenges unique to regulated industries.

Focus Areas

Health Care

The Cozen O’Connor FCA team has decades of experience defending health care clients in complex, high-stakes federal and state agency investigations and litigation, including actions involving FCA, qui tam, Anti-Kickback, Stark Law, and Sunshine Act claims. We are known for our ability to achieve early and decisive resolutions.

We also represent clients in state AG investigations and litigation (including multistate and federal co-enforcement actions). Our team has experience counselling health care clients faced with state-based false claims, consumer protection, antitrust, drug pricing, and data privacy claims.

In addition, we work with our government relations professionals on outreach to public officials in matters of health law and policy. We advocate for clients before the Centers for Medicaid & Medicare Services, Department of Justice, Food & Drug Administration, state departments of health and welfare, and state and federal legislatures.

Government Contracts

Our Chambers-ranked litigation, government contracts, and white collar practitioners help clients navigate investigations and litigation alleging fraud in connection with federal and state contracts and grants. They defend against civil FCA lawsuits, assist clients in making mandatory disclosures under Federal Acquisition Regulations, and advise on the laws and regulations that relevant to procurement integrity.

We advise clients on matters alleging quality assurance and testing deficiencies, cost mischarging, violations of Cost Accounting Standards, substandard products, defective pricing, contingency contracting fraud, inadequate subcontractor oversight, subcontractor fraud, conflicts of interest, and noncompliance with national security requirements. We also have substantial experience with debarment and suspension proceedings.

We routinely deal with the U.S. Department of Justice, U.S. Attorney’s offices, and agency Inspectors General. Our team counsels clients on matters involving antitrust violations, kickbacks, and illegal gifts and gratuities. Our white collar defense practitioners, experienced in procurement fraud, bring practical judgment, finesse, and investigative credibility to criminal prosecutors when needed.

Tariffs & Customs

We advise clients on all facets of U.S. trade sanctions and export controls, including Export Administration Regulations, International Traffic in Arms Regulations, and various economic sanctions programs administered by OFAC. We frequently counsel clients regarding export licensing, commodity classification, anti-boycott regulations, and trade restrictions involving embargoed countries and sanctioned individuals and entities. We advise clients on U.S. Customs regulations relating to duties and tariffs, documentation requirements, contraband, cargo clearance, and supply-chain security.

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Publications

New Developments Concerning the False Claims Act Public-Disclosure Bar & Original Source Exception [Alert]

September 30, 2025

Nicole H. Sprinzen, Art Fritzinger, Calli Padilla, and Marlee Sonico discuss the D.C. Circuit's decision in United States v. U.S. Cellular Corp.

New DOJ-DHS Trade Fraud Task Force Signals Increased Tariff and False Claims Act Enforcement [Alert]

September 05, 2025

Calli Padilla, Micah Myers, Arthur Fritzinger, and Nicole Sprinzen discuss the new DOJ-DHS Trade Fraud Task Force aims to aggressively enforce import laws and regulations, including collecting tariffs and penalties from importers who attempt to evade them.

Whistleblower Watch Spring 2025

June 24, 2025

A quarterly update on FCA Enforcement and Qui Tam Litigation from Arthur Fritzinger and Calli Padilla.

Thompson May Give Defendants New Tools to Fight False Claims Act Charges [Alert]

June 24, 2025

Arthur Fritzinger, James Mahady, and Calli Padilla discuss the recent Thompson Supreme Court ruling, which may help resolve the circuit split on the Anti-Kickback Statute.

DOJ Establishes Civil Rights Fraud Initiative Targeting Corporate DEI Programs and Antisemitism [Alert]

May 21, 2025

The White Collar team discusses the DOJ's new Civil Rights Fraud Initiative, which leverages the False Claims Act to combat discrimination by federal fund recipients.

Avoiding FCA Scrutiny while Reaping the Benefits of AI [Alert]

November 19, 2024

Arthur Fritzinger, Calli Padilla, and James Mahady discuss civil and criminal penalties AI companies must be careful to avoid.

Whistleblower Watch

November 13, 2024

Whistleblower Watch is a critical resource for in-house counsel and compliance professionals. Each quarter, Cozen O’Connor summarizes the most notable False Claims Act (FCA) enforcement actions, settlements, and legal trends, and provides an in-depth look at emerging FCA-related issues.

Whistleblower Watch Summer 2024

July 31, 2024

A quarterly update on FCA Enforcement and Qui Tam Litigation from Arthur Fritzinger and Calli Padilla.

Are You Secure? DOJ’s Cyber-Fraud Initiative and Heightened FCA Enforcement [Alert]

February 26, 2024

A new trend in false-reporting cases is emerging under the FCA’s broad authority — cybersecurity enforcement. Arthur Fritzinger, Calli Padilla, and Jacqueline Winton discuss.

Whistleblower Watch Winter 2024

February 26, 2024

A quarterly update on FCA Enforcement and Qui Tam Litigation from Arthur Fritzinger and Calli Padilla.

Whistleblower Watch Summer 2023

August 07, 2023

A quarterly update on FCA Enforcement and Qui Tam Litigation

Big Data, Big Recovery: The Emergence of Data Analytics in Health Care FCA Enforcement [Alert]

August 04, 2023

Data analytics has notably amplified the investigation of health care claims, but these new approaches have raised concerns within the legal system.

Supreme Court Confirms: Subjective Beliefs of Falsity are Fair Game in FCA Lawsuits [Alert]

August 04, 2023

The U.S. Supreme Court held in two consolidated landmark cases that a defendant’s subjective beliefs must be considered in determining whether they knowingly violated the False Claims Act. The ruling will have far-reaching and immediate ramifications in FCA litigation.

It’s (Not) About Time - Government May Move to Dismiss FCA Suit at Any Point During its Pendency [Alert]

June 20, 2023

The Supreme Court confirmed that the Government may intervene and move to dismiss a False Claims Act lawsuit at any time during the life of the case.

Unanimous Supreme Court Holds (Reaffirms) False Claims Act Responsibility Requires Offender’s Belief of Lie [Alert]

June 05, 2023

The Court has concluded that in order to bring and prove a FCA case, the government or relators must prove that the defendants knowingly committed (or intended to commit) fraud against the government.

Supreme Court Appears Unlikely to Adopt “Objectively Reasonable” Test for False Claims Act Liability [Alert]

April 20, 2023

The Supreme Court heard oral argument in two consolidated, landmark False Claims Act cases, and oral argument suggests how the Court will rule.

Whistleblower Watch Winter 2023

March 01, 2023

A quarterly update on FCA Enforcement and Qui Tam Litigation

The FCA as a Sword to Combat Pandemic-Related Fraud: No End in Sight [Alert]

February 28, 2023

In 2022, federal prosecutors used the False Claims Act to recover nearly $7 million from fraud related to pandemic-relief. We expect that to increase in 2023.

Landmark Supreme Court Case Could Reshape the FCA Scienter Requirement [Alert]

January 23, 2023

The U.S. Supreme Court will soon clarify the knowledge requirement for False Claims Act (FCA) cases, agreeing to hear two such cases.

Contacts

Arthur P. Fritzinger

Member

afritzinger@cozen.com

(215) 665-7264

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