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Tenth Circuit endorses rigorous materiality standard in dismissal of FCA suit
22 September 2022
PartnerDenver
Email [email protected]hoganlovells.com
Phone +1 303 899 7327
Fax +1 303 899 7333
Practice groupLitigation, Arbitration, and Employment
"Outstanding performance and exceptional expertise."
Chambers
For more than two decades, Mike Theis has been on the frontlines of litigation involving allegations of fraud and false claims. Nationally recognized for his experience with and understanding of the False Claims Act and qui tam litigation, Mike leads the False Claims Act practice for Hogan Lovells.
Before joining Hogan Lovells, Mike was a pioneer in the health care fraud enforcement efforts undertaken by the Department of Justice following the 1986 amendments to the federal False Claims Act. As a trial lawyer in the Civil Division from 1988 to 1997, he was responsible for the recovery of millions of dollars under the False Claims Act and established some of the key precedents interpreting the qui tam provisions of the Act.
Today, Mike is a partner in the Investigations, White Collar and Fraud practice of Hogan Lovells. He is highly skilled in counseling individuals and companies who face government scrutiny for fraud and false claims. He draws on his comprehensive experience in both government and private practice, civil and criminal investigations, and trial work to provide clear, creative, and collaborative advice to companies targeted in federal law enforcement investigations. He is routinely called upon to negotiate "global" settlements of complex criminal, civil, and administrative enforcement matters.
As an Assistant U.S. Attorney in the District of Colorado from 1997 to 2005, Mike handled dozens of False Claims Act cases. He also investigated and prosecuted health care fraud, mail fraud, and wire fraud offenses, trying several cases to verdict in federal court.
Life Sciences Star
LMG Life Sciences
Colorado Super Lawyers
Litigation: White-Collar Crime & Government Investigations (Colorado)
Chambers USA
Top Lawyers - Health
5280
Healthcare: Health Insurers
Legal 500 US
Healthcare: Service Providers
Legal 500 US
Litigation: White-Collar Criminal Defense
Legal 500 US
Litigation: General Commercial (Colorado)
Chambers USA
Best Health Care Lawyer - Barrister's Best/People's Court
Law Week Colorado
Civil Division Special Commendations for Outstanding Service
U.S. Department of Justice
Inspector General's Integrity Award
Education
J.D., University of Colorado School of Law, 1987
B.S., Colorado State University, with distinction, 1980
Memberships
Member, Faculty of Federal Advocates
Member, Litigation and Health Law Sections, American Bar Association
Member, Litigation and Health Law Sections, Colorado Bar Association
Bar admissions and qualifications
Colorado
Court admissions
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Tenth Circuit
U.S. District Court, District of Colorado
Represented state university in False Claims Act case alleging NIH grant fraud, obtaining a dismissal on jurisdictional grounds.
Negotiated global settlement for national healthcare provider, securing criminal declination, release of FCA liability, and waiver of exclusion.
Defended maker of mobile phone protective cases in FCA suit alleging importation fraud, obtaining settlement of Tariff Act and FCA claims.
Defended grand jury investigation of medical device manufacturer, negotiating settlement of FCA allegations and declination of criminal charges.
Persuaded Department of Justice to decline FCA suit against manufacturer accused of selling mobility devices not compliant with Trade Agreements Act.
Secured dismissal with prejudice of False Claims Act complaint alleging complex financial fraud against member-owned nonprofit financial cooperative.
Represented physician accused of importing unapproved oncology drugs, and negotiated misdemeanor plea and forfeiture.
Secured dismissal of FCA suit against cardiac surgeon accused of violations of the Anti-Kickback Statute.
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