Hosted by the FBA’s Qui Tam Section, often in cooperation with local FBA chapters, “The False Claims Act Today” is a discussion series that examines the details of real-life FCA practice in specific jurisdictions. Sessions typically focus on a single federal district and feature an experienced local panel that includes an Assistant U.S. Attorney for the district; a federal judge; a relator-side attorney; and a defense attorney. This online-only event will be conducted via Zoom and will spotlight the Southern District of New York.
This event does not offer CLE credit. Registrants will receive Zoom login details on the day before the event.
About the Presenters
Hon. Richard J. Sullivan, Circuit Judge, U.S. Court of Appeals for the Second Circuit
Richard J. Sullivan was sworn in as a Judge on the United States Court of Appeals for the Second Circuit in October 2018. Before that, Judge Sullivan served for eleven years as a trial judge on the United States District Court for the Southern District of New York in Manhattan. Prior to becoming a judge, he was General Counsel and Managing Director of Marsh Inc., the world’s leading risk management and insurance brokerage firm. From 1994 to 2005, he served as an Assistant United States Attorney in the Southern District of New York, where he was Chief of the International Narcotics Trafficking Unit and Director of the New York/New Jersey Organized Crime Drug Enforcement Task Force. In 2003, he was awarded the Henry L. Stimson Medal from the Association of the Bar of the City of New York. In 1998, he was named the Federal Law Enforcement Association’s Prosecutor of the Year.
Alee Scott, Chief, Civil Enforcement Division, Medicaid Fraud Control Unit, Office of the New York State Attorney General
Alee N. Scott is Chief of Civil Enforcement for the New York Attorney General’s Medicaid Fraud Control Unit (“MFCU”). As MFCU’s Civil Chief, she is part of the management team responsible for directing the implementation of MFCU’s Strategic Plan and stated mission: to pursue civil recoveries arising from Medicaid provider fraud; to protect all New York State (“NYS”) nursing home residents from abuse and neglect; and to protect the integrity of the NYS Medicaid Program. Ms. Scott supervises attorneys and other team members, such as auditors and investigators, to develop effective investigative planning techniques, optimize efficient use of the Unit’s resources, and evaluate and analyze civil claims and resolutions consistent with the MFCU Strategic Plan. In 2021, MFCU’s civil recoveries totaled approximately $73 Million.
Prior to her appointment to Chief in 2019, Ms. Scott served as Special Assistant Attorney General in the Civil Enforcement Division and worked with interdisciplinary teams to investigate and prosecute complex Medicaid provider fraud schemes. Before she joined the Office of the Attorney General in 2014, she worked as an associate at Constantine Cannon, LLP in the firm’s antitrust and commercial litigation practice, and represented clients in all stages of federal litigation.
Rebecca S. Tinio, Co-Chief, Civil Frauds Unit, U.S. Attorney’s Office, Southern District of New York
Rebecca S. Tinio is Co-Chief of the Civil Frauds Unit in the U.S. Attorney’s Office for the Southern District of New York. In that capacity, Ms. Tinio supervises nearly two hundred active investigations and litigations involving alleged fraud on the Government and on financial institutions, including in the areas of health care, federal grants and special programs, contracts, customs, and many more. Ms. Tinio also has substantial experience in handling significant defensive matters on behalf of the United States. Before joining the U.S. Attorney’s Office, Ms. Tinio was an associate at a New York litigation boutique, and clerked for Judge Keith P. Ellison in the Southern District of Texas and Judge Barrington D. Parker, Jr. on the Second Circuit. Ms. Tinio is a graduate of Harvard College and Yale Law School.
Caleb Hayes-Deats, Partner, MoloLamken, LLP
Caleb Hayes-Deats is a partner at MoloLamken LLP. Mr. Hayes-Deats represents plaintiffs, defendants, whistleblowers, and other interested parties in high-stakes commercial disputes and government investigations, across a wide range of industries. He has been recognized as a “Rising Star” in D.C. by the National Law Journal and in New York by Super Lawyers. Before joining MoloLamken, Mr. Hayes-Deats was an Assistant United States Attorney in the Civil Division of the U.S. Attorney’s Office for the Southern District of New York. As an AUSA, Mr. Hayes-Deats had wins valued at nearly $2 billion in high-profile False Claims Act, tax, and Bank Secrecy Act cases. He also received the Department of Justice’s John Marshall Award in 2018.
Sara L. Shudofsky, Partner, Arnold & Porter Kaye Scholer LLP
Sara Shudofsky is a partner at Arnold & Porter LLP. Her practice focuses on healthcare and contracting fraud investigations, litigation under the False Claims Act and the Anti-Kickback Statute, as well as other types of government enforcement actions. Prior to joining Arnold & Porter, Ms. Shudofsky was the Chief of the Civil Division of the U.S. Attorney’s Office for the Southern District of New York, where she supervised more than 55 Assistant United States Attorneys and oversaw litigation in a wide variety of practice areas, including financial, healthcare, and contracting fraud; civil rights; environmental protection; tax & bankruptcy; national security; torts; employment; FOIA; and general defensive litigation. Earlier in her career, she served in the Civil Division as Chief of the Civil Rights Unit, Deputy Chief of the Civil Division, and Chief Appellate Attorney. In 2000, she was awarded the Henry L. Stimson Medal from the Association of the Bar of the City of New York.
R. Scott Oswald – Chair, Programming Committee, FBA Qui Tam Section (moderator)
Scott Oswald is an accomplished trial lawyer who has brought more than 40 trials to verdict. His cases have recovered more than $300 million in judgments and settlements. A fellow of the prestigious College of Labor and Employment Lawyers, he received his law degree from Howard University and honed his skills at Trial Lawyers College, founded by the legendary Gerry Spence. Mr. Oswald litigates employment and whistleblower actions nationwide. Among his results:
- First jury verdict under new whistleblower protections in the National Defense Authorization Act of 2013|
- First Sarbanes-Oxley Act liability verdict to withstand appeal
- First jury verdict under 2009 anti-retaliation provisions of False Claims Act
- First Dodd-Frank Act retaliation lawsuit to reach discovery in federal court
Mr. Oswald is chair of the Federal Bar Association’s Qui Tam Section and immediate past chair of the FBA’s Professional Ethics Committee. Lawdragon ranks him as one of the top 500 plaintiff-side employment lawyers in the country.
