Navigant Managing Director Brian Miller shares best practices in conducting False Claims investigations with Law360. He highlights the challenges government contractors face in meeting their regulatory obligations while managing special investigations.
"If you're doing an internal investigation to comply with the mandatory-disclosure rule, one of the issues is: Do you have credible evidence of an FCA violation? How is that not a legal issue?” Miller says. “When we did the mandatory-disclosure rule, we wanted to take privilege off the table and encourage companies to do these compliance reviews and investigations. The harder you make things to do, the less likely it is that companies will do it.”
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