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Constitutionality of the Qui Tam Provisions

In this episode, Jason Crawford, Agustin Orozco, and Will Tucker discuss U.S. ex. rel. Zafirov v. Florida Medical Associates LLC, the recent decision in which a court found the qui tam provisions of the False Claims Act to be unconstitutional. The hosts analyze the court’s reasoning and consider its potential impact on FCA cases. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.

Listen: Crowell.com | PodBean | SoundCloud | Apple Podcasts 

Tags: FCA, government contracts, Podcast
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Photo of Jason Crawford Jason Crawford

When facing government investigations or high stakes litigation, clients trust Jason Crawford to evaluate allegations, identify risks, and formulate strategies to achieve the appropriate resolution. Jason advises and advocates for government contractors and companies from regulated industries in matters involving civil, criminal, and…

When facing government investigations or high stakes litigation, clients trust Jason Crawford to evaluate allegations, identify risks, and formulate strategies to achieve the appropriate resolution. Jason advises and advocates for government contractors and companies from regulated industries in matters involving civil, criminal, and administrative enforcement, with a particular focus on the False Claims Act (FCA).

As a litigator, Jason has defended government contractors, drug manufacturers, grant recipients, health care companies, importers, and construction companies sued under the FCA by whistleblowers and the Department of Justice (DOJ) in federal courts throughout the country. He also helps clients conduct complex internal investigations and respond strategically to Office of Inspectors General inquiries, grand jury investigations, search warrants, and civil investigative demands.

Jason previously served as a DOJ Trial Attorney in the Civil Division, Fraud Section where he investigated and litigated FCA cases involving government contractors, importers, and health care companies. He also previously worked with the U.S. Attorney’s Office for the District of Columbia where he prosecuted federal criminal cases.

A recognized thought leader on FCA developments, Jason has written and presented extensively on the fraud statute, and he is a co-host of the Let’s Talk FCA podcast.

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Photo of Agustin D. Orozco Agustin D. Orozco

Agustin D. Orozco is a partner in the Los Angeles office and is a member of the firm’s White Collar & Regulatory Enforcement and Government Contracts groups. As a former federal prosecutor, Agustin is a skilled trial lawyer focused on directing complex white…

Agustin D. Orozco is a partner in the Los Angeles office and is a member of the firm’s White Collar & Regulatory Enforcement and Government Contracts groups. As a former federal prosecutor, Agustin is a skilled trial lawyer focused on directing complex white collar cases and investigations, handling contentious and sophisticated pretrial litigation, and successfully proving highly difficult cases at trial. Agustin’s background as a federal prosecutor and government contracts attorney leaves him uniquely situated to help clients where government contracts and white collar intersect.

Agustin represents clients in criminal and civil government investigations and enforcement actions. He also represents and counsels clients on matters involving federal, state, and local government contracts. Agustin has litigated civil False Claims Act (FCA) matters and other government contracts issues, such as disputes, claims, and terminations. He is also experienced in matters involving the Foreign Corrupt Practices Act (FCPA), including conducting investigations abroad and counseling clients on compliance issues.

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Photo of William Tucker William Tucker

Will Tucker is an associate in the firm’s Washington, D.C. office, where he practices in the Health Care and Government Contracts groups. Will represents clients in a range of complex litigation and counseling engagements. He helps clients navigate relationships with federal and state…

Will Tucker is an associate in the firm’s Washington, D.C. office, where he practices in the Health Care and Government Contracts groups. Will represents clients in a range of complex litigation and counseling engagements. He helps clients navigate relationships with federal and state regulators, often regarding the use of emerging technologies and implementation of new business models. His counseling practice covers fraud and abuse compliance, state licensure guidance, responding to federal audits, and state procurement procedures, among other issues. His litigation practice spans both plaintiff-side and defense work, including fraud, data rights, and insurance disputes in federal court, as well as bid protests before the Government Accountability Office.

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