Brad Robertson

Brad Robertson works with clients facing government investigations and litigations, dealing with whistleblower allegations and qui tam actions, and planning compliance programs to prevent these occurrences in the first place. He helps his clients navigate compliance and potential liability under the False Claims Act, Anti-Kickback Statute and FIRREA, in addition to other areas of health care fraud and abuse, financial/mortgage fraud, and white collar criminal law. View articles by Brad

Firm/Organization: Bradley Arant Boult Cummings LLP

Blogs: BuildSmart, Financial Services Perspectives, Labor & Employment Insights

Latest Articles

Financial Services Perspectives

Disclosure and Cooperation Allow for Reduced False Claims Act Settlements According to New DOJ Guidance

By Brad Robertson & Scarlett Singleton Nokes on May 10, 2019

This week, the Department of Justice (DOJ) formalized and expanded its guidance for how defendants can earn cooperation credit in False Claims Act (FCA) cases and thereby reduce settlement amounts. New section 4-4.112 of the Justice Manual outlines three ways entities and individuals facing FCA claims can potentially earn credit—through voluntary disclosures, cooperation, and remedial measures. The credit allotted can take the form of a reduced damage multiplier, reduced penalties, or DOJ assistance in dealing…

Financial Services Perspectives

Justice Department Banks on False Claims Act Enforcement Again in 2018

By Ty E. Howard & Brad Robertson on January 23, 2019

Though recoveries from the financial services sector fell drastically in 2018, the Justice Department and a veritable army of whistleblowers’ counsel continue to use the False Claims Act (FCA) to bring suits against banks and mortgage companies. To keep you informed on the status of the law, Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2018 Year in Review, our seventh annual review of significant FCA cases,…

Labor & Employment Insights

False Claims Act Suits Relied Heavily on Whistleblowers in 2018

By Ty E. Howard & Brad Robertson on January 23, 2019

Companies that work with the federal government (think Medicare and Medicaid reimbursements, government contracts, grant funding) need to stay up to date on the False Claims Act (FCA). The FCA is one of the primary tools used by employee whistleblowers to bring actions against their employers. In 2018, whistleblowers filed 645 new FCA actions and recovered $2.88 billion for the government in settlements and judgments—of which the whistleblowers kept $301 million as their share. This…

BuildSmart

Tracking Government Enforcement: The False Claims Act in 2018

By Ty E. Howard & Brad Robertson on January 23, 2019

The federal government continues to use the False Claims Act (FCA) as one of its prime enforcement tools against government contractors. To keep you informed on the status of the law, Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2018 Year in Review, our seventh annual review of significant FCA cases, developments and trends. This year’s publication maintains the magazine-like format we introduced last year, making it an…

BuildSmart

In Case You Missed It: Tracking Government Enforcement: The False Claims Act in 2017

By Ty E. Howard & Brad Robertson on January 29, 2018

The federal government continues to use the False Claims Act (FCA) as one of its prime enforcement tools against government contractors. To keep you informed on the status of the law, Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the 2017 FCA Year in Review, our annual review of significant FCA cases, developments, and trends. Longtime readers of our Year in Review will notice that it has a new look and improved…

Labor & Employment Insights

In Case You Missed It: False Claims Act Suits Relied Heavily on Whistleblowers in 2017

By Ty E. Howard & Brad Robertson on January 29, 2018

Companies that work with the federal government (think Medicare and Medicaid reimbursements, government contracts, grant funding) need to stay up to date on the False Claims Act (FCA). The FCA is one of the primary tools used by employee whistleblowers to bring actions against their employers. In 2017, whistleblowers filed 674 new FCA actions and recovered $3.4 billion for the government in settlements and judgments—of which the whistleblowers kept $393 million as their share. To…

Financial Services Perspectives

In Case You Missed It: Justice Department Banks on False Claims Act Enforcement Again in 2017

By Ty E. Howard & Brad Robertson on January 29, 2018

The Justice Department and a veritable army of whistleblowers’ counsel continue to use the False Claims Act (FCA) to bring suits against banks and mortgage companies. In 2017 alone, the Department of Justice obtained $543 million in FCA settlements and judgments from the financial services industry. To keep you informed on the status of the law, Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the 2017 FCA Year in Review, our…

Financial Services Perspectives

DOJ’s FCPA Corporate Enforcement Policy Creates Greater Certainty for Companies

By Stephen R. Spivack, Erin K. Sullivan, Brad Robertson & Josh Dhyani on December 6, 2017

The Foreign Corrupt Practices Act of 1977 (FCPA) makes it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business. On November 29, 2017, Deputy Attorney General Rod Rosenstein announced the addition of an FCPA Corporate Enforcement Policy to the U.S. Attorneys’ Manual, providing guidance to companies seeking cooperation credit for voluntarily self-disclosing FCPA-related misconduct, fully cooperating with the government’s investigation, and remediating.…

Financial Services Perspectives

Would the 7th Circuit Have Changed Its FCA Standard but for Peer Pressure?

By Brad Robertson & Lyndsay E. Medlin on October 31, 2017

The Seventh Circuit finally abandoned its “but-for” causation standard for False Claims Act (FCA) damages. The decision comes 25 years after the Seventh Circuit first adopted its controversial standard requiring only a showing that an injury would not have occurred if not for the conduct. The Seventh Circuit has long been the lone outlier among circuits which have weighed the question, the consensus being that the government is required to demonstrate a “proximate cause” nexus…

Financial Services Perspectives

Jury Verdict Expands to $298 Million in False Claims Act/FIRREA Case as Court Assesses Treble Damages and Penalties

By Brad Robertson & Lyndsay E. Medlin on September 26, 2017

A federal court in Texas recently entered a massive judgment against a mortgage originator for financial crisis conduct, transforming an already severe $93 million jury verdict into a $298 million punishment, and issuing one of the first judicial opinions regarding how to assess penalties under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”). The suit began in 2011 as a whistleblower action, in which the government quickly intervened, alleging the submission of…

Brad Robertson

Disclosure and Cooperation Allow for Reduced False Claims Act Settlements According to New DOJ Guidance

Justice Department Banks on False Claims Act Enforcement Again in 2018

False Claims Act Suits Relied Heavily on Whistleblowers in 2018

Tracking Government Enforcement: The False Claims Act in 2018

In Case You Missed It: Tracking Government Enforcement: The False Claims Act in 2017

In Case You Missed It: False Claims Act Suits Relied Heavily on Whistleblowers in 2017

In Case You Missed It: Justice Department Banks on False Claims Act Enforcement Again in 2017

DOJ’s FCPA Corporate Enforcement Policy Creates Greater Certainty for Companies

Would the 7th Circuit Have Changed Its FCA Standard but for Peer Pressure?

Jury Verdict Expands to $298 Million in False Claims Act/FIRREA Case as Court Assesses Treble Damages and Penalties

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