Stranger Than Fiction? An FCA April Fools’ Day Episode

Host Jonathan Porter welcomes back to the show Husch Blackwell partner Rebecca Furdek and enlists the assistance of Steve Renau, the firm’s Head of Thought Leadership, for a fun-filled April Fools’ Day episode. Jonathan and Rebecca recount three stories involving False Claims Act-related violations or mishaps and ask Steve to choose the one that was fabricated or made up. How difficult will it be to distinguish between fiction and reality? You might find the answer to be surprising.The episode highlights the role of storytelling in defending against FCA allegations. In many respects, FCA investigations and prosecutions concern dueling or conflicting narratives. Indeed, it is often a whistleblower’s story that launches these investigations, and being able to develop—and effectively tell—an evidence-based story that contradicts or complicates the whistleblower’s narrative can be key to resolving FCA-related challenges.Jonathan Porter | Full BiographyJonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.Rebecca Furdek | Full BiographyA partner in Husch Blackwell’s Milwaukee office, Rebecca is a member of the firm’s White Collar, Internal Investigations & Compliance team and regularly helps clients navigate today’s regulatory and government enforcement landscape. Before joining Husch, Rebecca served as Counsel to the Solicitor at the U.S. Department of Labor, where she gained firsthand insight into federal agency rulemaking and administrative enforcement. Prior to her government service, Rebecca worked as an associate in the Washington, D.C. office of a global law firm, focusing on litigation and government enforcement, and began her legal career as a judicial law clerk at the U.S. District Court for the Northern District of Texas. During law school, she served as a law clerk with the U.S. Senate Judiciary Committee.