False Claims Act

BuckleySandler has represented a variety of financial institutions in matters involving the False Claims Act and its administrative counterpart, the Program Fraud Civil Remedies Act, before the U.S. Department of Justice (DOJ), U.S. Attorneys’ Offices, and various offices within the U.S. Department of Housing (HUD), including the Office of the Inspector General (OIG), the Fair Housing Administration (FHA) and the Mortgagee Review Board (MRB).

Our experience includes representing a client in one of the only public DOJ False Claims Act settlements involving HUD FHA-insured loans. We have handled a number of other financial services company False Claims Act cases before the government, including:

• United States of America v. RBC Mortgage Company. Joint action by the U.S. Attorney’s Office for the Northern District of Illinois and HUD OIG. Negotiated favorable pre-suit settlement of the first ever mortgage case involving Civil False Claims Act and Program Civil Fraud Remedies Act claims relating to Federal Housing Administration guaranteed mortgage loan program. The case included parallel criminal investigations of 25 employees and brokers, 23 of whom were convicted. RBC agreed to settlement terms without admitting liability.
• United States of America v. U.S. Bank, N.A. Joint action by the U.S. Attorney’s Office for the District of Minnesota and HUD OIG. Successfully obtained dismissal of HUD proceeding alleging violation of the Program Fraud Civil Remedies Act, and jointly negotiated pre-suit settlement of False Claims Act related allegations for $1.2 million in an investigation lasting several years.
• Representation of a Top Ten Mortgage Servicer. Action by HUD MRB alleging statutory claims related to servicing of FHA loans. Negotiated pre-suit settlement resulting in substantial reduction of potential penalties, while successfully avoiding DOJ involvement.

Importantly, our False Claims Act experience is not limited to the financial services industry. BuckleySandler attorneys have represented some of the largest companies in their industries, as well as individuals, in False Claims Act cases involving defense contracting, health care fraud, petrochemical industry and student loan fraud. Because BuckleySandler attorneys have significant experience in various other enforcement and white collar matters, we are positioned to provide valuable insight in False Claims Act cases.