Cases
Experience: Representative Litigation
Counseling Experience: Federal
State False Claims Act Litigation
Trials
Qui Tam
Other Whistleblower Disputes
Domestic
International Arbitrations
Claims
Appeals
Debarment, Suspension
Program Exclusion
Bid Protests
Government Subpoenas - Criminal, OIG, Civil
Government Audits
Compliance Reviews
Compliance Programs
Self-Governance
Internal Investigations
FAR M
atory Disclosure Program
Voluntary or Self-Disclosure Programs
FCPA Investigations
National Security
Restricted Programs
Cybersecurity
Contract Claims
Termination
Federal
State Procurement
Small & Disadvantaged Business Enterprise Programs
Foreign Sales
Purchases
Export Compliance
Rights in Patents, Data
Software
Teaming Agreements
Subcontracts
Defective Pricing
Government Contracts Cost Accounting
QUI TAM: FALSE CLAIMS ACT EXPERIENCE: General Background: Mr. Roybal graduated Columbia Law School in 1986
began litigation practice with Sheppard Mullin later that fall. In October 1986, Congress amended the civil False Claims Act ('FCA') making it easier
financially more rewarding for qui tam whistleblowers (also known as 'relators') to file FCA actions.
Beginning in late 1986, several of the firm's defense contractor clients became the subject of parallel criminal, civil
congressional investigations which ultimately evolved into protracted federal FCA litigation. Mr. Roybal worked on these early FCA litigations as the federal law was being shaped
defined throughout the nation. For more than 30 years, Mr. Roybal has specialized in government contracts litigation, conducted numerous internal corporate investigations, responded to numerous government criminal, civil
administrative subpoenas
litigated many qui tam FCA actions nationwide. The FCA investigations
litigations on which Mr. Roybal has worked have involved diverse industries such as healthcare, aerospace
defense, financial institutions, electronics, telecommunications,
information technologies, among others.
Representative False Claims Act Litigation
Investigation Experience: The CARES Act - P
emic Recovery: Registered Investment Advisor - PPP Loan (Central District of California): Beginning in 2022, Mr. Roybal represented a Registered Investment Advisor (RIA) firm in a qui tam FCA action in which the whistleblower alleged false claims were submitted to the government as a result of improper loans obtained through the Paycheck Protection Program (PPP). After a series of evidentiary presentations, Mr. Roybal convinced whistleblower counsel to dismiss the qui tam action.
National Lending Institution - PPP Loan (Southern District of California): In 2023, Mr. Roybal represented a lending institution in a qui tam FCA action in which the whistleblower alleged false claims were submitted by the borrower
lender to the government as a result of improper loans obtained through the Paycheck Protection Program. After a series of evidentiary presentations, Mr. Roybal convinced whistleblower counsel to dismiss the qui tam action against the lender.
National Lending Institution - MSLP Loan Investigation: Beginning in 2023, Mr. Roybal represents a financial institution in a Main Street Lending Program (MSLP) investigation by the Special Inspector General for P
emic Recovery (SIGPR) under the CARES Act.
National Lending Institution - Gr
Jury Investigation (Central District of California): Beginning in 2023, Mr. Roybal represents a financial institution in a pending Gr
Jury investigation related to the Paycheck Protection Program (PPP) as well as other potential financial crimes.
Healthcare: Specialty Pharmacy (Central District of California): Beginning in 2021, Mr. Roybal represents a specialty pharmacy in a qui tam FCA action in which the whistleblower alleges false claims were submitted to the government as a result of improper prior authorizations prescribing medications to help treat rare
complex medical conditions. The Court granted the defendants' motion to dismiss with prejudice. The Ninth Circuit affirmed the dismissal.
California Managed Services Organization: Beginning in 2021, Mr. Roybal represents a managed services organization involving an internal investigation involving potential compliance issues related to encounter data, member enrollment, eligibility,
claims payment processing matters.
Bio-Pharma Services Investigation: In 2021, Mr. Roybal represented a bio-pharma company that provides of number of diverse services
products including manufacturing of plasmid drug substances
fill/finish of DNA vaccine drug products. He investigated government contracting issues involving formulation
manufacture of plasmid drug substances for the U.S. Army. He advised the client how to successfully resolve a dispute with the Army Contracting Officer.
California Family Practice
Urgent Care Clinics: In 2019
2020, Mr. Roybal conducted an internal investigation regarding alleged improper female wellness exam practices involving Medical Directors, a Nurse Practitioner,
Medical Assistant personnel. Mr. Roybal prepared self-disclosure notices
subsequent investigation
corrective action reports that were provided to the health plan payor, local health care initiative, the California Department of Managed Health Care
Department of Health Care Services. Mr. Roybal advised the client regarding a parallel investigation conducted by the California Department of Consumer Affairs. There have been no adverse consequences to the client.
California Management Services Organization: In 2018
2019, Mr. Roybal conducted an internal investigation regarding alleged improper practices involving Claims
Utilization Management personnel. Mr. Roybal prepared self-disclosure notices
subsequent investigation
corrective action reports that were provided to the California Department of Managed Health Care
Department of Health Care Services
various Health Plans. Mr. Roybal advised the client regarding administrative remedies.
Laboratory Testing (District of Idaho): In 2017
2018, Mr. Roybal represented a laboratory in responding to HHS OIG subpoenas regarding alleged improper testing. The government completed its investigation without any consequences for the laboratory.
Laboratory Testing (Eastern District of Missouri): In 2017, Mr. Roybal represented a national laboratory testing company that received an HHS OIG subpoena regarding Medicaid reimbursement issues. The government completed its investigation without any consequences for the laboratory.
Laboratory Testing (Central District of California): In 2016
2017, Mr. Roybal represented a laboratory in a qui tam FCA action. The District Court granted a motion for summary judgment in favor of the client
the case was dismissed with prejudice.
Pharmacy Over-the-Counter Prescription Drug Billing
Dispensing (Central District of California
23 State Attorneys General): From 2012 through 2014, Mr. Roybal represented a Fortune 50 company regarding a qui tam FCA investigation of alleged improper billing, labeling,
dispensing practices concerning Medicare
Medicaid program reimbursement for OTC prescription drugs. After a series of evidentiary presentations, Mr. Roybal convinced the DOJ
whistleblower counsel to dismiss the action.
Federal Government FCA Investigation of Skilled Nursing Facility Chain: From 2006 through 2008, Mr. Roybal represented a large skilled nursing facility chain
counseled the client regarding parallel criminal, civil
administrative allegations of fraudulent practices involving the Medicare program. Mr. Roybal worked with the client to resolve alleged overpayment claims.
California Healthcare Association Compliance Manual: Based on Mr. Roybal's extensive experience regarding FCA matters
Government investigations, he was asked to write the California Healthcare Association's Compliance Manual which was distributed to over 400 hospitals
other healthcare providers located in California. Mr. Roybal has lectured throughout California regarding Medicare
other healthcare fraud
abuse subjects including preventing
defending qui tam FCA actions. Mr. Roybal has conducted numerous internal investigations
compliance assessments for healthcare providers.
Procurement/Aerospace & Defense: National Mortgage Settlement Housing Counseling Program - California: Beginning in 2022, Mr. Roybal represents a company that provided counseling services in connection with the NMS Housing Counseling Program operating in the state of California. After conducting an internal investigation, Mr. Roybal advised regarding voluntary disclosure protocols regarding compliance issues. Mr. Roybal continues to advise the company with respect to related parallel criminal
civil frauds investigations conducted by the California Attorney General's Office.
Electronic Parts Distributor Investigation (Northern District of California): Beginning in 2021, Mr. Roybal represents an electronic parts distributor regarding a criminal investigation being conducted by the U.S. Attorney's Office in San Francisco
the Defense Criminal Investigative Service (DCIS) involving potential counterfeit parts issues.
National Construction Company Investigation: In 2021, Mr. Roybal represented a national construction company in response to a former employee's concerns
allegations regarding potential violations of the FCA in connection with a U.S. Navy construction contract
related whistleblower retaliation matters. The matter was successfully resolved with no adverse consequences.
U.S. Navy Shipbuilding Investigation: In 2020
2022, Mr. Roybal represented a tank cleaning company that performs work on U.S. Navy ships involving maintenance, repair
overhaul. Mr. Roybal is conducted an internal investigation
provided advice
counseling regarding various government contracting matters including environmental, health,
safety regulations.
Steel Production Manufacturing Company Investigation: In 2020
2021, Mr. Roybal represented a steel production manufacturing company in connection with potential nonconforming products delivered to federal, state,
local transportation
highway agencies. He conducted an internal investigation
provided advice
counsel regarding state
local procurement laws. There were no adverse consequences.
Food Service Distributor Investigations: Beginning in 2020, Mr. Roybal represents a leading food service distributor in school nutrition food
supplies
federal, state
local correctional facilities. Mr. Roybal has conducted multiple internal investigations
provided advice
counsel regarding federal, state
local procurement laws
regulations including small business set-aside
Minority
Women-Owned Business Enterprises (MWOBEs) contracts.
USAID OIG Investigation: In 2019
2020, Mr. Roybal represented an awardee of USAID grants
other government funding to perform services around the world. In response to USAID OIG requests for information, Mr. Roybal produced various materials to the investigative agents that subsequently ab
oned the investigation.
Federal
California State Price-Fixing (Central District of California): From 2017 through 2020, Mr. Roybal represented a cement manufacturer in a qui tam FCA case in which the relator alleged violations of federal
state antitrust price-fixing laws as a predicate offense to violations of federal
California state FCA statutes. The Court granted the defendant's motion to dismiss with prejudice. The dismissal was affirmed before the Ninth Circuit Court of Appeals.
California State Environmental Impact Reports (State Court of California): In 2019, Mr. Roybal represented a geological consulting firm in a qui tam FCA case in which the relator alleged the firm violated the FCA by preparing false reports involving a proposed water desalinization treatment facility. Mr. Roybal was successful in getting the Court to dismiss with prejudice the qui tam FCA action.
California Public Agency: Beginning in 2019, Mr. Roybal represents an international IT
consulting firm,
conducted an internal investigation regarding potential labor mischarging. Mr. Roybal prepared self-disclosure notices
subsequent corrective action reports including proposed remediation that were provided to the impacted State agency. Roybal is currently working with the California Attorney General's False Claims Unit to resolve the matter.
GSA
Trade Agreements Act (TAA) (Central District of California): From 2017 through 2019, Mr. Roybal represented a client in a qui tam FCA case in which the relator alleged violations of the TAA
FCA by selling non-compliant products through the GSA. After producing a variety of materials
mediation, the qui tam FCA allegations were successfully resolved with relator's counsel
the Department of Justice.
Counterfeit Parts - GIDEP Alerts - Gr
Jury Subpoena (Central District of California): From 2018 through 2019, Mr. Roybal represented a manufacturer of power supply units used in Department of Defense
other government Agency applications. Mr. Roybal advised the client with respect to GIDEP Alerts, risk mitigation plans, supply chain management,
responses to Gr
Jury subpoena requests for information issued by a criminal AUSA in the Central District of California. The government's investigation concluded with no adverse consequences to the manufacturer.
USAF B-2 Bomber Program (Central District of California): From 2014 through 2016, Mr. Roybal represented a Fortune 100 company involving a DOD OIG subpoena. After producing a variety of materials, the federal government dropped their investigation.
General Services Administration (GSA) Schedule Contracting (District of Colorado): From 2012 through 2015, Mr. Roybal represented a Fortune 100 company regarding a GSA Inspector General
DOJ investigation of alleged improper billing
collection practices involving the Department of Interior, Bureau of L
Management,
the National Institutes of Health. After responding to multiple FCA Civil Investigative Dem
s (CIDs), Mr. Roybal convinced the DOJ to drop its investigations.
Unmanned Aerial Vehicle (UAV) Cost Accounting (Central District of California): From 2012 through 2014, Mr. Roybal represented a Fortune 100 company involving parallel criminal, civil,
administrative investigations of alleged cost accounting violations involving a UAV demonstrator to be marketed to the U.S. Army, Department of Homel
Security,
other government agencies. After a series of evidentiary presentations, Mr. Roybal convinced the DOJ
other federal agencies to drop their investigations.
U.S. Navy F/A-18 External Fuel Tanks
Army Blackhawk Helicopter L
ing Gear Programs (Central District of California
Southern District of Ohio): From 2009 through 2013, Mr. Roybal represented a Fortune 50 defense contractor in defending allegations of fraud
abuse involving defective products
product substitution. The Navy fuel tanks matter commenced as a Gr
Jury investigation but through a series of evidentiary presentations, our client obtained a rare letter of declination from the United States Attorney in Los Angeles. The parallel qui tam FCA allegations were successfully resolved with United States Attorneys in California
Ohio.
Federal
State Telecommunications Billings & Collections Operations (Central District of California
8 State Attorneys General): From 2006 through 2011, Mr. Roybal represented a Fortune 200 financial institution
defended against federal
state Attorney General allegations of FCA violations involving excessive billings
collections on rentals
sales type leases of telecommunications equipment. Mr. Roybal responded to multiple federal
state subpoenas
coordinated the multi-jurisdiction defense of alleged qui tam FCA violations. The matter was successfully settled with all interested jurisdictions for a modest amount.
Federal Government FCA Investigations of B-2 Bomber
Spaced-Based Assets Government Programs: From 2002 through 2010, Mr. Roybal represented a Fortune 100 defense contractor
defended multiple FCA allegations of engineering fraud
abuse in high technologies areas on the USAF B-2 Bomber
a variety of space-based asset programs. The Government's two separate investigations were successfully resolved.
DoD Carbon Fiber
Composite Materials Programs (Central District of California): From 2004 through 2008, Mr. Roybal litigated a qui tam FCA matter involving more than 1,000 defense contracts in which the whistleblower alleged price fixing of carbon fiber materials which caused the U.S. Government to overpay for end items containing composite parts. The whistleblowers initially alleged single damages exceeding $1 billion (potentially trebled). After substantial discovery
filing of motions for summary judgment, the whistleblowers
DOJ accepted a small fraction of their original dem
settled the matter.
USAF Joint Surveillance
Target Attack Radar System (J-STARS) Program (Western District of Louisiana): From 2001 through 2005, Mr. Roybal defended a criminal
civil Government investigation into alleged defective parts
labor mischarging involving the USAF's J-STARS program. The DOJ served Gr
Jury subpoenas, Office of Inspector General ('OIG') subpoenas
interviewed dozens of witnesses. In 2004, Mr. Roybal prepared a comprehensive report to the DOJ rebutting their allegations of violations of the FCA. Mr. Roybal met with the DOJ
local Assistant United States Attorneys
defended the written report
related exhibits. Within six (6) months, the DOJ dropped all criminal
civil FCA allegations
the client paid no settlement.
U.S. Navy F/A-18 Fighter
Aerial Target Drone Programs (Central District of California): From 1995 through 2003, Mr. Roybal litigated a qui tam FCA matter involving the F/A-18 fighter jet
Navy Target Drone programs in which the whistleblower
DOJ alleged defective or subst
ard goods were sold to the U.S. Navy. Early in the action, defense counsel convinced the DOJ to ab
on its allegations involving the F/A-18 fighter jet. The DOJ vigorously pursued its allegations involving the Target Drone program
took over 125 depositions. The DOJ alleged more than $200 million in single damages (potentially trebled). One month before trial was scheduled to commence in August 2003, the DOJ
whistleblower accepted a small fraction of their prior dem
s
settled the matter.
USAF Peacekeeper (MX) Ballistic Missile Guidance System (Central District of California): From 1987 through 1996, Mr. Roybal litigated a qui tam FCA matter involving a ballistic missile guidance system in which the whistleblower
Department of Justice ('DOJ') alleged labor mischarging, defective parts
other claims for relief under the FCA. The DOJ dem
ed more than $100 million in single damages (potentially trebled). This was the first FCA matter that was tried in which the DOJ had intervened since the FCA was amended in 1986 to make it easier for the government to prevail. After nearly 10 weeks of trial, the jury returned a verdict in favor of the defendant on 13 separate claims for relief. The verdict received national attention
was described by The National Law Journal as one of the biggest defense verdicts of 1996.
U.S. Navy F/A -18 Fighter Program (Central District of California): From 1988 through 1995, Mr. Roybal litigated a qui tam FCA matter involving the F/A-18 fighter jet in which the whistleblower
DOJ claimed defective pricing, cost accounting,
other violations under the FCA. After substantial discovery
motion practice, the DOJ ultimately gave up its jury trial rights
agreed to try the matter before a two-judge panel under a baseball-styled arbitration. The DOJ dem
ed $40 million while defendant offered $4 million. At the end of the arbitration, the judges selected the amount that most closely approximated the liability, if any, of the defendant. The Court ruled in favor of the defendant.
Financial Institutions/Residential Mortgage Lending: Money Laundering (Western District of Pennsylvania
FBI): In 2018
2019, Mr. Roybal represented a Fortune 100 national bank in response to a Gr
Jury subpoena
a related civil asset forfeiture order regarding suspected money laundering allegations involving a group of pharmacists. Mr. Roybal produced a variety of materials to the FBI including FinCEN reports to the satisfaction of the government investigators.
Financial Institutions Reform, Recovery
Enforcement Act (FIRREA) (District of Massachusetts
Main Justice): In 2017, Mr. Roybal began representing a national laboratory testing company in response to a FIRREA subpoena served by the DOJ involving alleged fraud of a large investor group.
Mortgage Lending (Northern District of California): From 2016 through 2017, Mr. Roybal represented a Fortune 100 financial institution regarding a qui tam FCA lawsuit that alleged improper residential lending practices involving FHA-insured loans. The Court granted the defendant's motion to dismiss based on deficient pleadings.
Mortgage Lending (Main Justice, District of Columbia
Northern District of New York): In 2016
2017, Mr. Roybal represented a residential mortgage company regarding multiple HUD OIG subpoenas involving FHA-insured loans
alleged violations of the FCA. Mr. Roybal prepared corrective action plans
other remedial measures to bring the company into compliance with HUD
FHA regulations.
Mortgage Lending (Central
Northern Districts of California): From 2013 through 2016, Mr. Roybal represented a Fortune 100 financial institution regarding a qui tam FCA lawsuit that alleged improper residential mortgage lending practices involving FHA-insured loans. The Court granted the defendant's motion to dismiss based on the FCA's public disclosure
original source rules. The Ninth Circuit later confirmed the dismissal with prejudice.
Additional FCA Advice
Counsel Leading to Favorable Results: : Mr. Roybal has counseled many other clients involving Government investigations
FCA allegations which have led to favorable results. These diverse matters have included alleged: (1) Medicare fraud regarding Durable Medical Equipment ('DME')
(2) Medicare
Medicaid fraud regarding physician kickbacks
(3) reverse false claims regarding improper withholding of royalty payments to the federal
California state governments
(4) failure to pay New Mexico gross receipts taxes
(5) failure of credit unions to escheat dormant deposits to the state of California under the escheatment laws
(6) labor
material overcharging for materials
supplies involving the Iraq war
(7) improper use of federal research
development funds
(8) failure to warn of health hazards caused by selling products to the government containing excessive amounts of lead, among others.
