Marissel Descalzo has litigated False Claims Act (FCA) and qui tam matters in numerous federal and state courts and defended against FCA investigations by both US Attorney and state Attorney General Offices. She handle these matters from inception, which usually starts with a Civil Investigative Demand, through litigation, if necessary.
With its treble damages and per-claim forfeiture provisions, the FCA is a potent weapon. Moreover, the consequences of being found liable in an FCA case can be catastrophic, resulting in suspension or debarment from government contracts or exclusion from participation in government programs.
The numbers underscore what a powerful tool the FCA has become. In just the last two fiscal years, the United States – in cases either filed on its own or by whistleblowers – has recovered nearly $10 billion. And these cases have permeated all sectors of the economy and all industries in which government funding plays any role, including: defense work; financial services; education; health care; life sciences; medical devices and pharmaceuticals; and technology companies. Last year saw more than 700 new FCA lawsuits filed by whistleblowers for the second year in a row, nearly doubling the annual number from just five years earlier and demonstrating the continuing increase in FCA litigation as plaintiffs’ lawyers become more interested in initiating such cases.
Marissel has experience in all phases of FCA litigation. From conducting internal investigations once a company becomes aware of a potential FCA suit, to the extremely important meeting with the government to convince it not to file a suit or become involved in one filed by a whistleblower, to winning cases early on at the pleading stage, to engaging in discovery and trying cases, we have done it all when it comes to the FCA.
Marissel has represented clients doing business in an array of industries—pharmaceuticals, medical devices, healthcare, technology, education (academic medical centers and universities), import/export, and insurance, among others. As such, Marissel is very familiar with FCA issues faced by particular business segments and how best to address those issues.
