Colleges and universities receive billions of dollars in federal funds, whether through research grants or student financial aid, or even by billing Medicare or Medicaid for services rendered at academic medical centers. As a result, institutions of higher education must be vigilant to ensure that their receipt of federal funding does not implicate the broad scope of the civil False Claims Act (FCA), a federal statute that seeks to combat fraud against the government. Those found liable of violating the FCA by submitting false claims to the government face treble damages and penalties ranging from $10,781 to $21,563 per violation. In recent years, there has been an unprecedented and steady rise in the number and types of cases brought under the FCA. In 2016, the U.S. Department of Justice (DOJ) recovered more than $4.7 billion in settlements and judgments from civil cases involving fraud against the government under the FCA, a $1.2 billion increase over the $3.5 billion recouped last year in 2015.
Continue Reading Universities Are Prime Targets for False Claims Act Liability
Thomas Finn
Thomas Finn is the immediate past chairman of McCarter’s Business Litigation Department, a position he held for 10 years. He has more than 30 years of experience with complex commercial litigation, appellate, and white collar criminal defense matters. Tom has handled complex commercial litigation matters involving securities class actions, intellectual property (trademark, copyright, patent, and trade secret litigation), information technology, director and officer liability, antitrust, banking and negotiable instruments, franchise disputes, False Claims Act, civil RICO, ERISA, construction, and supply chain and transportation logistics issues. Tom also counsels clients on issues related to mergers and acquisitions, initial public offerings, restrictive covenants, the protection of intellectual property, trade secrets, endowments, and government contracting. In addition, he handles appeals involving a wide range of issues and has appeared before the First, Second, and Third Circuit Courts of Appeals as well as the New York Appellate Division and the Connecticut appellate courts.
Tom has also represented companies in connection with shareholder and derivative actions and has represented investment banking firms in litigation arising out of securities issuances. Tom has been involved in matters related to Madoff Securities as well as represented investment advisors in connection with the sub-prime mortgage crisis.
In his criminal practice, Tom has represented corporations and individual corporate officers at the investigative and grand jury stages, as well as the post-indictment stages in matters involving bank fraud, wire fraud, tax fraud, money laundering, government contractor fraud, health care fraud, and political corruption. He also handles matters in connection with the SEC and FINRA investigations and enforcement actions related to issues such as market manipulation and insider trading.
Tom also conducts internal corporate investigations and advises clients in connection with internal audits and investigations, as well as third party and governmental audits. Tom has handled internal investigations on behalf of banks, corporations, government contractors, financial services firms, construction companies, hospitals, and political campaign organizations and has been a frequent lecturer on issues related to internal investigations.
In addition to his litigation experience, Tom is the co-author of Connecticut Business Litigation, the newest book in the Connecticut Law Tribune’s book series published by American Lawyer Media (ALM). Connecticut Business Litigation provides authoritative analysis of the case law, statutes, and regulations of numerous complex business topics, and is a primary resource of complex business litigation for attorneys who litigate in federal and state courts in Connecticut and for lawyers who counsel their clients about business litigation. The topics in Connecticut Business Litigation include, among others, antitrust, ERISA, trade secrets, unfair trade practices, business torts, franchise litigation, arbitration, securities, RICO, and patent, copyright and trademark litigation.
Tom is one of thirteen attorneys nationwide invited to contribute to “Inside the Minds – Managing White Collar Legal Issues: Leading Lawyers on Key Defense Strategies, Responses for Civil and Criminal Investigations, and Recent Enforcement Trends,” which was published by Aspatore Press, a Thomson Reuters (West) Publisher.
