Episode 29 | Beyond Adversarialism: How to Steer FCA Investigations
Host Jonathan Porter welcomes Husch Blackwell partner Todd Gee to the program to discuss why establishing a good working relationship with the Department of Justice is important and how to accomplish that while remaining a fierce advocate for your client. The conversation begins with a short recap of DOJ structure and the lines of supervision between line attorneys—assistant U.S. Attorneys and Main Justice trial attorneys—and their supervisors and what role Main Justice has, if any, in the matter. In the context of False Claims Act cases, AUSAs often enjoy wide latitude to conduct the investigation; however, there are a few inflection points, like the issuance of civil investigative demands or settlement talks, where attorneys further up the line may have more input, and these in turn are decision points in time for defense counsel to consider.
Jonathan and Todd also discuss the importance of understanding why DOJ attorneys move aggressively on some matters while allowing others to languish. The conversation includes some key practical tips for how to work with line attorneys at DOJ, and at the top of the list is personal comportment—don’t be a jerk!—when dealing with DOJ. Additionally, storytelling and providing DOJ with important context can help shape line attorneys’ points of view in handling FCA investigations where nuance and complexity reign supreme.
Jonathan and Todd also take on instances of...
The Ad Hoc Centre for the Thailand–Cambodia Border Situation hit back at Michael B. Alfaro, calling him discredited and accusing him of spreading falsehoods about Thai troops crossing the border. ...