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MoForecast: State AGs and the False Claims Act: Navigating Multijurisdictional Challenges and Investor Scrutiny

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In the realm of False Claims Act (FCA) enforcement, state attorneys general (AGs) are increasingly collaborating with federal...

MoForecast: State AGs and the False Claims Act: Navigating Multijurisdictional Challenges and Investor Scrutiny

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Carrie H. Cohen is global co-chair of the Investigations + White Collar Defense practice group and the firm’s State + Local Government Enforcement team. Prior to joining the firm, Carrie served in the New York State Attorney General’s Office as Chief of the Public Integrity Bureau and an Assistant Attorney General in the Civil Rights Bureau where she received the Louis J. Lefkowitz Memorial Award for outstanding service. Carrie also served as an Assistant U.S. Attorney in the Southern District of New York (SDNY) where she prosecuted public corruption and securities matters, including obtaining the first trial conviction of former Speaker of the New York State Assembly Sheldon Silver.As a former state and federal prosecutor, Carrie routinely represents corporations, boards, and c-suite executives in government-facing investigative and regulatory matters with a particular focus on state and local government matters. Carrie’s extensive trial experience and distinguished record of success in high‑stakes, white collar defense matters cement her position as a leading lawyer who often is called upon as trial counsel for particularly sensitive matters. Carrie’s trial and white collar expertise have been recognized by a variety of organizations including Chambers USA, which describes her as “. . . a terrific trial lawyer with great judgment and timing, [who] knows how to present complex cases in a digestible way.” Carrie also routinely prepares clients who are called to testify before Congress and state and city legislatures and works on matters that involve multijurisdictional investigations and significant media attention. Carrie is a recognized industry expert in public corruption and state and local government actions. Carrie frequently is selected by government agencies to serve as independent counsel and issue public reports, which has included her appointment as Independent Monitor for the Federal Deposit Insurance Corporation, Special Counsel to the New York City Council, Special Independent Counsel to the City of Rochester, and Counsel to the California Attorney General’s Office (CA AG) as well as being part of the Monitorship Team appointed by DOJ for the global Odebrecht corruption matter. She also was appointed by Governor Kathy Hochul to the Metropolitan Transit Authority Inspector General’s Board and serves as its Acting Chair as well as having been appointed by the Chief Judge of the United States District Court for the Eastern District of New York as Counsel to the Court’s Grievance Committee. Carrie also is an Adjunct Professor at the University of Pennsylvania Law School, where she teaches a seminar on Public Corruption and the Law. Carrie serves on multiple bar committees and task forces as part of her effort to promote the rule of law. She was appointed Chair of the New York State Bar Association’s (NYSBA) Task Force on Domestic Terrorism and Hate Crimes and served as a member of the NYSBA Task Force on Wrongful Convictions. As a leader of the Bar, Carrie serves as a Vice President and Trustee of the Federal Bar Council and President of its Inn of Court and was appointed Co-Chair of the Federal-State Judicial Advisory Council as well as prior service as a Vice President of the New York City Bar, Chair of its Executive Committee, and member of its Nominating Committee. Carrie also is a member of the Board of Directors of Volunteers of Legal Service, an organization that provides pro bono legal services to the New York community, and was appointed by the SDNY to its Criminal Justice Act Panel to serve as counsel to indigent defendants in federal criminal cases. Carrie has long been dedicated to advancing women in the legal profession, both in the United States and globally. She co-chairs Morrison Foerster’s Women’s Strategy Committee, a group that works with firm leaders to ensure the advancement of women remains a strategic priority, and serves as a member of the New York City Bar’s Cyrus R. Vance Center for International Justice, where she spearheads a professional development program for women lawyers in Latin America and South Africa. She is also a member of the Women’s Forum of New York and the Belizean Grove, both of which are by nomination only and are comprised of a diverse group of recognized women leaders in their respective fields.Carrie co-authored the acclaimed NYSBA report adopted by the American Bar Association “If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR” and the follow-up report “The Time is Now: Achieving Equality for Women Attorneys in the Courtroom and in ADR.” She serves on the Steering Committee of the When There Are Nine Scholarship Project, which she co-founded with other SDNY alumnae to honor the late Justice Ruth Bader Ginsburg by providing law school scholarships and mentorship.<h4>Representative Experience</h4><ul><li>Government Appointments/Public Corruption. Appointments as independent counsel for federal, state, and local government agencies. Represents elected and appointed public officials, public entities, and individuals doing business with the government in a variety of public corruption-related matters with a focus on public-facing reports.</li><ul><li>Independent Monitor for the Federal Deposit Insurance Corporation related to workplace issues.</li><li>Special Independent Counsel to the New York City Council related to investigations of certain Council Members for misconduct and corruption.</li><li>Special Counsel to the MTA related to an examination of time, attendance, and overtime, which included presenting a report to the MTA Board.</li><li>Independent Counsel to the CA AG to conduct a review of its public release of confidential personal information associated with firearms permit holders and applicants, which included the preparation and release of a public report.</li><li>Service on the DOJ-appointed Monitorship Team for the global Odebrecht corruption matter.</li><li>Trial counsel for Rochester Mayor Lovely Warren for campaign finance charges; Hon. John A. Michalek for public corruption offenses; Hon. Sylvia Ash for obstruction of justice charges; County officials related to allegations of official misconduct and bid rigging.</li></ul><li>Financial Institutions/Securities Matters. Represents banks and other financial institutions in investigations of regulatory and consumer-related matters. Represents corporations and individuals in a variety of criminal investigations and regulatory matters involving federal and state securities laws.</li><li>Foreign Corrupt Practices Act (FCPA). Represents corporations in FCPA investigations across industries and in numerous jurisdictions. Service on the DOJ-appointed Monitorship team in the criminal prosecution of Odebrecht.</li><li>Workplace Misconduct. Conducts investigations for corporations and boards related to workplace misconduct and #MeToo issues and provides related advocacy and legal advice.</li><li>Cybersecurity. Conducts investigations of cybersecurity incidents and represents companies in related government and regulatory matters concerning disclosure of data and privacy issues.</li><li>RICO/Civil Fraud/Commercial Litigation. Represents a wide variety of public and private corporations in civil fraud, RICO, and commercial litigation including at trial. Represented UPS at trial in SDNY in a case brought by the NYAG and the City of New York alleging illegal transportation of untaxed cigarettes.</li></ul>

Carrie Cohen

Partner

Adam L. Braverman is a partner in Morrison Foerster’s Investigations + White Collar Defense practice. Adam formerly served as an Associate Deputy Attorney General for the U.S. Department of Justice (DOJ) and as the U.S. Attorney for the Southern District of California. Adam has represented public and private companies and their executives in complex government-facing probes, which have resulted in favorable outcomes and declinations by the government. He also represents boards of directors and companies in conducting complex internal investigations and compliance reviews. He has particular experience representing clients in investigations related to the False Claims Act (FCA) and Anti-Kickback Statute (AKS), procurement fraud, bribery, and national security, among other issues. He has successfully represented public companies and their boards of directors and officers in SEC enforcement actions and securities class actions. Adam also designs compliance policies on behalf of corporate clients and conducts trainings to ensure best practices in light of recent revisions to DOJ’s Evaluation of Corporate Compliance Programs and Corporate Criminal Enforcement Policies.Additionally, Adam advises clients on all aspects of complex commercial litigation in federal and state trial and appellate courts and in arbitration. He has represented clients in actions involving breaches of contracts and a wide array of complex commercial disputes.Before joining MoFo, Adam spent 13 years at DOJ, where he served in senior-level leadership positions in multiple administrations. As an Associate Deputy Attorney General, he advised the Deputy Attorney General on litigation and policy matters and was designated to coordinate DOJ’s efforts to investigate and prosecute fraud in connection with COVID-19 and CARES Act relief funds. During his tenure, he worked closely with all of DOJ’s law enforcement agencies, other federal agencies, INTERPOL, and state and local law enforcement agencies and associations.Adam also served as U.S. Attorney for the Southern District of California, where he managed one of the largest and busiest U.S. Attorney’s Offices in the country, comprised of nearly 300 employees. In this role, Adam was responsible for enforcing all violations of federal law in the district and defending the nation in all civil lawsuits. Prior to becoming U.S. Attorney, Adam was an Assistant U.S. Attorney and Deputy Chief, leading complex investigations and prosecutions of large-scale international criminal organizations. Prior to joining the government, Adam was an associate at a leading global law firm, where he dedicated his practice to civil litigation, white collar criminal cases, and internal investigations.Adam received his J.D. from the George Washington University School of Law and his B.A., cum laude, from the George Washington University.<h4>Representative Experience</h4><ul><li>A major U.S. defense contractor in an FCA matter involving allegations of fraudulent billing and workplace misconduct by a former employee in which the government declined to intervene and the relator dismissed the matter.</li><li>A small U.S. defense contractor in an FCA matter involving allegations of fraudulent billing and misrepresentations on grant applications in which the government closed its investigation.</li><li>A major U.S. defense contractor in an FCA matter involving allegations of fraudulent billing in which the court granted a motion to dismiss the matter.</li><li>An international defense contractor in a DOJ criminal investigation of allegations of bribery, wire fraud, and money laundering in which the government closed its investigation.</li><li>A major U.S. defense contractor in an investigation involving allegations of U.S. sanctions violations in which the government took no action.</li><li>A large for-profit college in multiple investigations involving allegations that the company improperly received and used federal funds in which the government closed its investigation.</li><li>An individual investigated by DOJ for alleged criminal violations of International Traffic in Arms Regulations in which the government closed its investigation.</li><li>A public company in a Securities Exchange Act Section 14(a) challenge to a proxy statement alleging material omissions in which the court denied a preliminary injunction and granted a motion to dismiss the case.</li><li>Healthcare organizations and private equity firms in FCA matters involving fraudulent billing and kickback allegations. </li><li>A professional sports team in a government investigation in which the government closed its investigation.</li><li>An entity in connection with the sale of a portion of a professional sports team.</li></ul>