Foley Hoag partner Giselle Joffre says that False Claims Act enforcement is skewed against defendants.
“There are some big hammers with respect to potential disbarment or exclusion from federal reimbursement, the heavy toll of litigation costs and the reputational concerns for public companies,” Joffre told Corporate Crime Reporter in an interview last week. “It becomes a very difficult decision for a public company to make to defend a case to the very end even when the facts are on their side. Whistleblowers do have some leverage there to negotiate settlements.”
“And that’s unfortunate, especially when the government has made an independent determination that they believe, sometimes after a years long investigation, that there is no reason to pursue the case.”
Joffre spent the early part of her career in the U.S. Attorney’s office in Boston, one of the premiere False Claims Act enforcement centers in the country.
Do False Claims Act whistleblower attorneys do forum shopping?
“I saw that when I was at the office from 2012 to 2016. I’m not sure how much that is still happening. I have defended False Claims Act matters outside of Massachusetts recently.”
“When I was there, there were clearly whistleblowers who could have brought their qui tam complaint more conveniently in a different forum but chose to bring it in Massachusetts because of the experience of the office. I suppose there is also more experience on the judicial bench here when it comes to the False Claims Act.”
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