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Qui Tam 2020 is the third annual conference of the Federal Bar Association's Qui Tam Section, for which TELG's Scott Oswald serves as chair. The two-day event will tackle some of the hottest topics in False Claims Act litigation, with panels featuring attorneys from both sides of the aisle, along with government prosecutors, agency representatives, and subject-matter experts.
Here Scott is interviewed about the differences in how various U.S. Attorney Offices handle FCA cases by Katherine J. Seikaly of Reed Smith LLP, co-chair of the 2020 conference. Scott will moderate a panel on this topic on Day Two of the conference.
This video interview by TELG managing principal R. Scott Oswald was published by The Employment Law Group, P.C. on February 4, 2020.
Qui Tam 2020 Panel Preview: AUSA Procedures under the False Claims Act
» Click here for registration and full details on Qui Tam 2020
(Transcribed and edited lightly by The Employment Law Group)
Katherine J. Seikaly: [Addressing camera] Hi — I’m Kate Seikaly. I’m a partner at Reed Smith and I am the co-chair of the Qui Tam Conference for 2020. It’ll be held February 27-28 here in Washington, D.C. Today we are meeting with Scott Oswald from The Employment Law Group, who is moderating a panel on AUSA procedure.
[Turning to Oswald] So Scott, tell us what we can expect from your panel.
R. Scott Oswald: So this is a panel, Kate, we conceived of two years ago. We did a panel just like this with our [Affirmative Civil Enforcement] coordinators from U.S. Attorney’s offices in D.C. and in Virginia and in Maryland. And what we learned was how many things they did in a very similar way — but also some real differences in how they investigate and prosecute these [qui tam] claims. So the thought was, this time, that we would expand it. We have ACE coordinators coming to us from the Southern District of Florida, from the Eastern District of Pennsylvania, from the Southern District of California, and from the District of Minnesota.
We are really looking forward to having them, because we are going to ask them questions about what kind of cases they like to see; what kind of cases maybe they don’t like to see; and also how their offices are set up; what kind of internal resources they have; what kind of experience they have in prosecuting these cases; how they work with main Justice; and what both relators’ counsel and defense counsel can expect in dealing with their offices.
Seikaly: Well that sounds really interesting. What do you think our audience members will be able to learn from your panel?
Oswald: Well relators’ counsel for sure: At the outset, which of these offices might be the best office to file their case? We know that the federal False Claims Act is a broad venue statute, so most relators’ counsel have multiple options on where they might file their case. And so choosing that office, choosing that prosecutor, is really important in the process.
You’ll be able to find out, for instance, which of these ACE coordinators will talk to you in advance about your case; how they want to accept that initial approach — do they want just a telephone call, do they want a white paper, maybe a PowerPoint?; how they want to receive you as relators’ counsel; and what you can expect from that office as relators’ counsel.
For defense counsel it’s maybe best practices on getting the very best treatment for your client from that office and that jurisdiction.
Seikaly: And I know in past conferences we’ve given the audience members a chance to ask our panelists questions. Will we have that opportunity for your panel?
Oswald: We absolutely will. And so, you know, as these folks are up there and explaining how they do their business, people in the audience will be able to raise their hands and ask them, you know, these kinds of questions. “How do I prepare my relator?” as an example. “What do you like best when I think that the relator’s counsel has the wrong end of the stick on the case? How do I best approach you under those circumstances? What do you want to see from me?”
So, these are all things that, you know, as the panel progresses that folks in the audience will have an opportunity to ask about.
Seikaly: I think it’s going to be really great. I’m looking forward to it, Scott.
Oswald: Thank you!
Seikaly: [Turning to camera] Thanks for joining us. We do hope to see you here in D.C. on February 27-28, 2020. For more information, you can visit fedbar.org.