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Paycheck Protection Program (PPP) - Compliance and Enforcement


Speaker(s): Derek Adams, Jennifer Short, Megan M. Jeschke
Recorded on: Sep. 15, 2020
PLI Program #: 310864

Derek M. Adams is a partner in Potomac Law Group’s DC Office focusing his practice on False Claims Act defense, white-collar matters, government investigations, and litigation. 

A former trial attorney at the U.S. Department of Justice, Mr. Adams now represents individuals, businesses, and nonprofits in civil, criminal, and regulatory matters related to financial transactions, health care, small business administration loans, government procurement, research, and education.

Mr. Adams began his legal career at a leading Am Law 50 law firm, representing clients in high-stakes litigation, including allegations of False Claims Act liability, securities fraud, common law fraud, fraudulent inducement, breach of contract, and breach of fiduciary duty.

Representative Matters

  • Advise clients in connection with loans under the Paycheck Protection Program
  • Defend health care provider against Department of Justice False Claims Act investigation
  • Defend pharmacy against Department of Justice criminal health care fraud investigation
  • Defend financial institution in fraud and breach of contract matters
  • Represent health care organizations in litigation against State Medicaid departments
  • Defend bank against allegations of fraud under the Financial Institutions Reform, Recovery and Enforcement Act of 1989

Published Works

FCA Ruling Eases Clinical Judgment Standard For Gov’t | Co-Author | Law360 | March 2020

Opinion: Disclosures Scientists Must Make of Foreign Ties | Co-Author | The Scientist Magazine | February 2020

Difficult Time for International Students in the US | Co-Author | Times Higher Education (THE) | October 2019

Gov’t Win In AseraCare FCA Case Benefits Both Sides | Co-Author Law360 | September 2019

3 Steps to Reduce Your Title IV False Claims Risk | University Business Magazine | August/September 2019

Inside a Closely Watched FCA and FIRREA Decision | Law360 | July 2019

The Important Reasons DOJ Wants to Toss Gilead FCA Case | Law360 | April 2019

Duke Deal Signals FCA Dangers Faced by Federal Grantees | Co-Author | Law360 | March 2019

At the Intersection of Escobar, Touhy And Gov’t Dismissal | Law 360 March 2019

 


Jennifer Short is a partner at KaiserDillon, PLLC, a litigation boutique firm in Washington, DC.  Jennifer has broad experience with government and internal investigations, particularly related to procurement and health care fraud matters. She advises corporate and individual clients on responding to government investigations and how best to manage the risks of civil, criminal, and administrative enforcement, whether through disclosure, negotiation, or litigation. 

Jennifer was an Assistant U.S. Attorney in the District of Columbia from 2010-2018.  There, she led teams of inspector general and FBI agents to investigate and prosecute civil False Claims Act allegations.  She frequently collaborated with attorneys from the Civil Frauds division of the Department of Justice and other U.S. Attorneys’ Offices around the country on investigations of large-scale fraud schemes.  During her tenure at the U.S. Attorney’s Office, Jennifer negotiated False Claims Act recoveries ranging from $1 million in a procurement fraud matter to a $350 million health care fraud settlement.  In 2018, Jennifer tried a False Claims Act case based on the payment of kickbacks to a jury, resulting in a $118 million judgment in the government’s favor.

Before her government service, Jennifer was a partner at Holland & Knight, LLP, where she was a member of the firm’s Litigation Section and White Collar, Corporate Compliance, Government Contracts, and Healthcare Teams. She litigated numerous complex commercial and civil fraud matters, led internal investigations, responded to government investigations, prepared voluntary disclosures, and negotiated settlements on behalf of corporations and C-level executives.

Jennifer earned her J.D. from the University of Virginia School of Law and her undergraduate degree from Duk University. 


Megan Jeschke is an attorney in Holland & Knight's Tysons office and a member of the Government Contracts Group and White Collar Defense and Investigations Team.

She focuses her practice on white collar defense of clients primarily in the healthcare and government contracts industries. She represents companies facing criminal, civil, or administrative actions brought by the U.S. Department of Justice (DOJ) or agency Inspectors General and representation at trial. Ms. Jeschke’s primary focus is on actions arising under the civil and criminal FCA statutes in matters related to procurement fraud, healthcare fraud, public corruption, procurement integrity (e.g., conflicts of interest, kickbacks, bribery or gratuities violations) and whistleblower reprisal. In this regard she has handled dozens of FCA investigations and litigations, including successful argument on novel FCA theories on appeal. She helps clients navigate suspension, debarment and exclusion proceedings, as well as provides advice on self-reporting protocols and mandatory disclosure rules.

Ms. Jeschke is a frequent lecturer on the FCA and best practices in internal investigations. She has assisted teaching the White Collar Investigations, Enforcement and Business Risk Mitigation class at the University of Virginia School of Law. In addition, Ms. Jeschke is a co-editor of the PLI Corporate Compliance Answer Book, and serves as the vice president of the Federal Bar Association's Qui Tam Section.