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 False Claims Act (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 also helps clients navigate suspension, debarment and exclusion proceedings, as well as provides advice on self-reporting protocols and mandatory disclosure rules.
Ms. Jeschke holds a security clearance and is experienced in conducting classified internal investigations and representation in criminal procurement fraud 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 Practising Law Institute's (PLI) Corporate Compliance Answer Book, and serves as the vice president of the Federal Bar Association's Qui Tam Section.
Ms. Jeschke's recent engagements include:
- 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, General Services Administration (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, Small Business Administration (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), Office of the Inspector General (OIG) subpoenas, grand jury subpoenas, U.S. Government Accountability Office (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