Message From the Chair
It’s my honor to serve as the second Chair of this fast-growing section of the FBA, which was formed in 2017. As I write in October 2020, our membership is approaching 350 and continues to expand.
Our section’s goal is to educate attorneys of all stripes about litigating under the federal False Claims Act (FCA) and similar whistleblower statutes. We do this via an aggressive programming schedule — entirely online at least through early 2021, given the pandemic.
As with the FBA writ large, our members don’t skew heavily toward one “side” or the other. We are plaintiff’s attorneys, defense lawyers, in-house counsel, government prosecutors, and lots more besides.
We embody all levels of experience, too, from FCA newcomers to veterans of billion-dollar cases. We don’t tailor our programming to any sub-constituency; we believe prosecutors can learn from defendants, defendants can learn from whistleblowers, and so on.
In short, our section is built on what we have in common — an interest in litigation under the False Claims Act.
Some background on our area of law: The FCA was signed into law by President Abraham Lincoln in 1863 and rejuvenated in 1986; it’s an important tool for fighting fraud against the federal government.
The statute includes a “qui tam” provision that allows whistleblowers, known as relators, to file complaints on behalf of the United States and to share in any monetary outcome. Our section is named for this provision, since it’s the spark for most FCA litigation.
The Qui Tam Section currently sponsors two main programming series, plus an annual conference and some occasional one-off events.
“The False Claims Act Today” is our oldest ongoing programming series. Each session offers a deep dive into real-life FCA practice in one specific federal jurisdiction and features an experienced local panel that usually includes an Assistant U.S. Attorney for the district; a federal judge; a relator-side attorney; and a defense attorney.
When held in person, these sessions offered CLE credit. Now that we’ve shifted online we find that some section members want to attend every “FCA Today,” which wasn’t possible before — and that CLE credit is no longer crucial. We’ll continue to adjust the series as conditions change.
Since mid-2020 we’ve also launched a popular online-only series of “Zoom Roundtables,” informal video discussions on specific topics in FCA practice. For example, a recent session delved into how government prosecutors divide up FCA case responsibilities between local U.S. Attorney’s Offices and “Main Justice.” Section members may suggest and even organize Zoom Roundtables.
Given its instant success, I am confident that this new series will outlast the pandemic.
Since all of our programming went online the Qui Tam Section has been recording many (but not all) Zoom Roundtables and sessions of FCA Today. The resulting archive of video content is available to section members.
Each February we hold our section’s Annual Conference, a multiday gathering devoted to the False Claims Act. This is truly a deep dive: We open with a “year in review” session and then follow an FCA-related theme through multiple other panels with top-notch speakers. It truly is “the Oscars for False Claims Act nerds,” in the words of one panelist at 2020’s sold-out conference in Washington, D.C.
Due to the pandemic our 2021 conference is being held online — but really, that’ll just allow more people to attend. I am gratified that Sen. Chuck Grassley, architect of the FCA in its modern form, agreed to be our keynote speaker.
The Qui Tam Section is supported by a strong board that has grown significantly lately. In keeping with our section’s impartial purpose — and the impartial purpose of the FBA as whole — we maintain an even split between defense and relator’s counsel, and we’re also honored by the service of several Assistant U.S. Attorneys who focus on FCA practice.
If you’d like to become a part of the FBA’s Qui Tam Section, now is a great time to join. We’re growing quickly and continue to expand our programming. Please contact me or any board member; we will give you a hearty welcome.
R. Scott Oswald
FY21 Qui Tam Section Chair
If you are interested in learning more about this section, its programs, or publications please contact sections@fedbar.org