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 represents individuals and corporations in heavily regulated industries facing administrative, civil and criminal enforcement actions by the government. Ms. Jeschke focuses on defense against criminal or civil actions brought by the U.S. Department of Justice (DOJ) or qui tam relators under the civil False Claims Act (FCA). She also conducts internal investigations on matters related to procurement fraud, healthcare fraud, public corruption and procurement integrity (e.g. conflicts of interest, kickbacks, bribery, gratuities violations), and whistleblower reprisal. To ensure her clients' continued eligibility in federal programs, she negotiates 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 Classified Information Procedures Act (CIPA) cases.

Ms. Jeschke has particular experience with government contracting matters. She provides contractors with strategic advice regarding the Federal Acquisition Regulation (FAR) and compliance programs. She frequently handles bid protests before the U.S. Court of Federal Claims and the U.S. Government Accountability Office (GAO), reverse Freedom of Information Act (FOIA) actions, size protests and status protests before the U.S. Small Business Administration Office of Hearings and Appeals and the U.S. Department of Veterans Affairs Center for Verification and Evaluation.

Ms. Jeschke has assisted teaching the White Collar Investigations, Enforcement and Business Risk Mitigation class at the University of Virginia School of Law.

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.

Protests: Representing contractors involved in protests of solicitations or contract awards to include agency-level protests, GAO protests and protests at the Court of Federal Claims.

Small Business: Representing contractors involved in size or status protests and proceedings before the SBA OIG, SBA area offices, SBA Office of Hearings and Appeals (OHA), and VA Center for Verification and Evaluation (CVE).

Experience

  • Represented former Virginia Governor 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
  • 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
  • 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 litigated pursuant to the Classified Information Procedures Act (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 case brought in federal district court in Virginia

  • Successfully defended a wireless service provider against a protest under the Tucker Act at the U.S. Court of Federal Claims of a contract awarded by the Army and Air Force Exchange Service (AAFES), a nonappropriated fund instrumentality (NAFI). The protest alleged conflicts of interest by our client's proposed subcontractor. The court denied the protest in a 53-page opinion and found in favor of our team's position on several procedural grounds, including exclusion of "expert" witnesses, applicability of the Blue & Gold Fleet, L.P. v. United States, 492 F.3d 1308, 1315 (Fed. Cir. 2007) decision to protests of implied-in-fact contracts and application of the Blue & Gold waiver doctrine to the facts of the case.
  • Represented a contractor protesting to the GAO the award by the U.S. Air Force of a multimillion-dollar contract to another offeror to develop and install Multi-Functional Color Displays for the Air Force's HH-60 Pave Hawk helicopters. In a formal outcome prediction proceeding, GAO indicated it would sustain our client's protest on several grounds raised by our team alleging that the awardee's proposal was noncompliant with the solicitation requirements. In response to the outcome prediction, the Air Force took corrective action by canceling the award, reopening discussions, conducting a new source selection decision and paying our client's protest fees.
  • Represented a large defense contractor in protesting a decision by the U.S. Department of State to award our client's competitors multimillion-dollar contracts to provide global antiterrorism training assistance to foreign law enforcement agencies. Our team argued before GAO that the State Department misevaluated both our client's and the awardees' cost proposals. We also argued that the State Department violated applicable regulations by failing to establish a "common cutoff" date for the submission of final proposal revisions, which gave one of the awardees the competitive advantage of submitting its final proposal revision months after other offerors submitted such revisions. The GAO agreed and sustained the protest for these and other reasons. It also recommended that the State Department reimburse our client for its protest costs.
  • Represented a joint venture comprised of international corporations in protesting the award by the Naval Facilities Engineering Command (NAVFAC) of a multimillion-dollar contract for base operations support at the Naval Air Station in Sigonella, Italy. The GAO sustained our protest, which alleged that the agency's determination that our client's proposal was unreasonably low and unacceptable was based on a faulty price realism analysis. GAO recommended that the Navy re-evaluate proposals and reimburse our client for its protest costs.
  • Successfully represented several companies defending against or appealing size and status protests alleging failure to comply with SBA regulations on affiliation, negative control and SDVO status
  • Successfully argued against disclosure under the Freedom of Information Act (FOIA) of confidential and proprietary information contained in the proposals and agency submissions of several clients

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

Publications

Speaking Engagements

News