Overview

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.

Ms. Jeschke focuses her practice on white collar defense of clients primarily in the government contracts and healthcare industries. In this regard, she represents companies facing criminal, civil or administrative actions brought by the U.S. Department of Justice (DOJ) or agency Inspectors General (IG), to include actions arising under the civil False Claims Act (FCA) 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. She helps clients navigate suspension, debarment and exclusion proceedings, as well as provides advice on self-reporting protocols and mandatory disclosure rules.

Ms. Jeschke held a Top Secret/Sensitive Compartmented Information (TS/SCI) level security clearance and is experienced in conducting classified internal investigations and representation in criminal cases involving the Classified Information Procedures Act (CIPA).

Ms. Jeschke is a frequent lecturer on the FCA and on 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 Corporate Compliance Answer Book, and serves as the vice president of the Federal Bar Association's Qui Tam Section.

Representative Engagements

Civil and Criminal False Claims Act (FCA) Defense: Representing government contractors, medical device companies, federal grantees, and pharmaceutical companies in FCA cases brought by the DOJ and/or qui tam relators for allegations related to inflated labor billing, GSA schedule violations (price reductions or trade agreements clauses), false size certifications, unnecessary medical services, organizational conflicts of interest, cost and pricing violations, upcoding, export control violations, nonconforming goods and services, fronting of 8(a) Business Development and Disadvantaged Business Enterprise (DBE) companies, and kickbacks.

Public Corruption: Representing individuals and companies against allegations of public corruption such as bribery of government officials, honest services fraud, and gratuities violations.

Internal Investigations and Procurement Integrity: Conducting internal investigations and representation for contractors facing allegations regarding the FCA, Truth in Negotiations Act (TINA) disclosures, International Traffic in Arms (ITAR) violations, the Anti-Kickback Act, Procurement Integrity Act violations, overbilling, improper timekeeping practices, proposal fraud or false representations, violations of price reductions clauses and most favored customer clauses, nondisclosure of organizational or personal conflicts of interest, SBA affiliation violations, fraudulent failure to meet contract or grant specifications, or cost accounting violations.

Healthcare Investigations and Healthcare Fraud: Conducting internal investigations and representation for medical device manufacturers, healthcare providers and pharmaceutical companies facing allegations of upcoding, self-referrals in violation of the Stark Law, violations of the Anti-Kickback Statute (AKS), providing unnecessary medical procedures or worthless services, and off-label promotion.

Responding to Civil Investigative Demands, Subpoenas and other Inquiries: Assisting companies and individuals in responding to requests for testimony, information or documents made through Civil Investigative Demands (CID), OIG subpoenas, grand jury subpoenas, GAO audits or congressional inquiries.

Suspension, Debarment and Exclusion: Representing companies proposed for debarment, suspended or excluded from participation in federal grants and contracts, or excluded from participation in federal healthcare programs, including coordination with suspension and debarment officials (SDOs) or OIG to preclude administrative liability in connection with criminal or civil settlements.

Experience

  • Represented former Virginia Gov. Bob McDonnell during the public corruption investigation, trial and appeal; after the U.S. Supreme Court issued a unanimous decision vacating the convictions, the U.S. Department of Justice (DOJ) dismissed the indictment
  • Represented a medical device corporation in a False Claims Act (FCA) case brought in federal district court in California; successfully argued for dismissal of a repeat qui tam relator's case before the district court and argued before the U.S. Court of Appeals for the Ninth Circuit
  • Defended a multibillion-dollar defense contractor before the U.S. Department of State and U.S. Air Force Office of Special Investigations (AFOSI) against allegations of violating International Traffic in Arms Regulations (ITAR), resulting in no fines being imposed
  • Representation of corporate executive in federal criminal jury trial in the Eastern District of Virginia related to allegations of submission of criminal False Claims; the case involved classified information and was handled under the Classified Information Procedures Act (CIPA)
  • Representation of doctor in federal criminal jury trial in the Western District of Virginia related to allegations of healthcare fraud and false statements to Drug Enforcement Agency (DEA) inspectors
  • Representation of government contractor executive in federal criminal jury trial in the District of New Mexico involving allegations of major fraud against the United States and submission of false claims  
  • Represented a publicly traded transportation logistics company in an FCA investigation alleging fraudulent upcoding of transportation services; successfully convinced the DOJ to decline intervention and dismiss the case
  • Conducted a nationwide internal investigation for a leading military contractor related to allegedly fraudulent reporting to the government, involving scrutiny by the Air Force Office of Special Investigations (AFOSI) and Congressional Oversight and Armed Services Committees
  • Represented a nonprofit AbilityOne contractor in an FCA investigation conducted by the U.S. General Services Administration (GSA) Office of Inspector General (OIG); successfully argued for a declination to refer the matter to the DOJ
  • Represented a government contractor related to allegations of fraud and bribery of public officials at the U.S. Air Force Foreign Materials Acquisition Support Office (FMASO); the case involved classified information and was handled under the CIPA in federal district court in Utah
  • Conducted an internal investigation for a multibillion-dollar government contractor into allegations raised by a former employee of improper supply chain practices
  • Represented the corporate executive of an international naval supply contractor related to allegations of public corruption and fraudulent billing
  • Conducted several internal investigations related to off-label marketing for a multibillion-dollar pharmaceutical manufacturer
  • Represented a national construction company in an FCA case related to allegations by a qui tam relator regarding disadvantaged business enterprise (DBE) fraud
  • Conducted several internal investigations related to timekeeping practices for an international government contractor
  • Represented an intelligence services contractor in an FCA case brought by the OIG for an intelligence agency related to allegations of conflicts of interest
  • Represented an industrial supply company before the GSA OIG regarding allegations of violating the price reduction clause in a schedule contract
  • Represented a laboratory services contractor in an FCA case brought in federal court in Texas and related exclusion proceedings by the U.S. Department of Health and Human Services (HHS) OIG
  • Represented a construction company in an investigation conducted by the U.S. Government Accountability Office (GAO) and the U.S. Department of Veterans Affairs (VA) regarding the company's status as a Service-Disabled Veteran-Owned (SDVO) small business
  • Conducted a nationwide internal investigation for a logistics company related to allegations of subcontractor kickbacks
  • Represented a multibillion-dollar U.S. government contractor before the U.S. Small Business Administration (SBA) regarding suspension proceedings related to the 8(a) mentor protégé program
  • Conducted an internal investigation for a publicly traded government contractor related to allegations of insider trading
  • Represented a public long-term care pharmacy services company in FCA litigation in federal district court in Virginia
  • Represented a biopharmaceutical company before the VA OIG regarding allegations of violating the most favored customer clauses in a federal supply schedule contract
  • Conducted an international internal investigation related to allegations of defective services and lack of oversight on a U.S. Agency for International Development (USAID) contract
  • Represented individual corporate executives of a pharmaceutical company in a criminal healthcare fraud case brought in federal district court in Virginia

Credentials

Education
  • University of New Mexico, BBA, Accounting and Finance, cum laude
  • The George Washington University Law School, J.D.
Bar Admissions/Licenses
  • Maryland
  • Virginia
Memberships
  • Maryland Bar Association
  • Virginia Bar Association
Honors & Awards
  • Holland & Knight Public and Charitable Service All-Star, 2014, 2018

Publications

Speaking Engagements

News