Alan M. Grayson, Esq.

"I know what you need in a government contracts lawyer: someone who pays attention, understands your problems, works hard, knows how the system works, and gets good things done. Just be aware – lots of government contracts matters are time-sensitive.  Some bid protests have to be filed within five days. I look forward to helping you." - Alan

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PRACTICE AREAS

BID PROTESTS

 

GAO, Court of Federal Claims, Contracting Officer, SBA.

CLAIMS

 

ASBCA, other BCAs, Contracting Officer, Court of Federal Claims.

SUSPENSION/DEBARMENT

 

Debarring official, DOJ, global settlements, judicial review.

CIVIL LITIGATION

 

Prime/Sub disputes, employee matters, qui tam, general litigation.

COMPLIANCE

 

Audits, investigations, False Claims Act, compliance programs.

DISPUTES

 

Change orders, claims, terminations, ADR.

 

Practice Summary

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  • Experience with 300+ government contractors.

  • Began government contracts law concentration in 1985.

  • Lead Attorney in:

    • Suspension and Debarment Cases

    • Bid Protests

    • Audits, Investigations and Compliance Cases

    • Claims, Changes and Terminations

  • Successful defense of clients against bid protests for three decades.

  • Clients never lost the contract. 

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Information on the False Claims Act

The Justice Department obtained more than $5.6 billion in settlements and judgements from civil cases involving fraud and false claims against the government in the fiscal year of 2021. This total exceeds all years before it, except for 2014. Since 1986 (when Congress strengthened the civil False Claims Act), claims now total more than $70B.

 

“The False Claims Act is one of the most important tools available to the department both to deter and to hold accountable those who seek to misuse public funds,” states Acting Assistant Attorney General Boynton.

 

The False Claims Act helps support American military and first responders but ensuring that government contractors provide "safe, effective and cost efficient” equipment; it promotes compliance with customs laws, trade agreements, visa requirements and small business protections; and it protects other critical government programs (e.g., disaster relief funds).

 

In 1986, Congress strengthened the False Claims act by increasing incentives for whistleblowers (or qui tam, those who "file lawsuits alleging false claims on behalf of the government”): in a case in which the government prevails in a qui tam action, the whistleblower (or relator) typically receives a portion of the recovery between 15%-30%. In the past year, the JD reported settlements and judgements exceeding 1.6B in these and earlier-filed suits. The government paid $237M to individuals who exposed fraud and false claims by filing these actions.

 

Alan's Background

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  • Harvard University, magna cum laude and Phi Beta Kappa with a Bachelor of Arts degree with a Special Concentration in Urban Studies, 1978.

  • Harvard Law School, J.D. cum laude, 1983

  • Harvard University's John F. Kennedy School of Government, M.P.P., 1983. Master's thesis on gerontology. Completed all coursework and the comprehensive examination for a Ph.D. in government from Harvard University, 1983.

  • Law clerk at the Colorado Supreme Court in 1983, and at the D.C. Circuit Court of Appeals from 1984 to 1985. Worked with two judges who later joined the U.S. Supreme Court: Ruth Bader Ginsburg and Antonin Scalia. 

  • Associate at the Washington, D.C. firm of Fried, Frank, Harris, Shriver & Jacobson for five years, specializing in contract law.

  • In 1986,  helped found the non-profit Alliance for Aging Research in Washington, D.C. and served as an officer of the organization for 20+ years.

  • In 1991, founded Grayson & Kubli, which concentrated on government contract law.

  • Taxpayer Against Fraud's "Lawyer of the Year," 2006.

  • Profiled on the front page of the Wall Street Journal on April 19, 2006.

  • Featured in ​​​Vanity Fair in 2007.

  • Member of Congress for six years: 2009 - 2011, 2013 - 2017.

  • Wrote a book on Suspension and Debarment, helping many contractors lift debarments by negotiating compliance agreements with the Government.​​

  • Lecturer at the George Washington University government contracts program.

  • Co-founder and first president of IDT Corporation (International Discount Telecom), a public company (NYSE/NASDAQ).

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Custer Battles employed individuals who were found guilty of making fraudulent statements and submitting fraudulent invoices on two contracts the company had with the Coalition Provisional Authority in Iraq. On behalf of his clients, Grayson filed suit under the False Claims Act and its qui tam provisions. The jury verdict was more than $13 million, which was upheld on appeal in April 2009.

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In 2006, a reporter for The Wall Street Journal described Grayson as "waging a one-man war against contractor fraud in Iraq" and as a "fierce critic of the war in Iraq" whose car displayed bumper stickers such as "Bush lied, people died."

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New York Times

 

HAVE YOU WITNESSED FRAUD AGAINST THE GOVERNMENT?

A qui tam whistleblower award is typically between 15% - 30% of the amount collected by the government in a successful qui tam case. Some of the largest False Claims Act and qui tam whistleblower rewards to date:

  1. GlaxoSmithKline: $250 million

    • In 2012, GlaxoSmithKline paid a total of $3 billion for illegal marketing practices. Four whistleblowers split an estimated $250 million.

  2. Bank of America: $170 million

    • Whistleblowers shared a $170 million reward for exposing Bank of America's fraudulent practice of labeling high-risk mortgages as safe and selling them to government-insured mortgage companies. BofA paid $16.65 billion.

  3. Johnson & Johnson : $167 million

    • In 2012, Johnson & Johnson paid $2.2 billion to settle off-label fraud and kickback allegations related to prescription drugs. The whistleblower received $167 million in rewards.

  4. HCA: $151 million

    • HCA paid $631 million (and more than $10 million in interest) in response to allegations of physician kickbacks and issuing fraudulent cost reports. The whistleblowers were awarded $151.5 million.

  5. Tenet Healthcare: $150 million

    • In 2006, Tenet Healthcare paid $900 million to settle allegations that it engaged in bill padding, upcoded DRG codes, paid kickbacks and fraudulently manipulated Medicare outlier payments. The whistleblower received $150 million.

  6. Pfizer: $102 million

    • In 2009, Pfizer agreed to pay the U.S. Government more than $2.3 billion to settle several cases. In addition to a $1.3 billion criminal fine, Pfizer paid $1 billion to settle False Claim Act liabilities involving 12 separate pharmaceutical products.

  7. JP Morgan: $92 million

    • In 2014, JPMorgan Chase paid $614 million to settle allegations of originating and underwriting non-compliant mortgage loans. The government did not disclose the whistleblower reward, but a base amount of 15% would have been roughly $92 million.

Have you witnessed fraud against the Government? Tell us about it.

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Suite 400E

1300 I Street, N.W.

Washington, DC 20005​

(By Appointment Only)

Email: grayson@graysonlaw.net
Tel:  (708) 232-3232

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For any general inquiries, please fill the following contact form:

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CONTACT

© 2018 by Alan M. Grayson, Esq.

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