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Gregory G. Marshall

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A former federal prosecutor with extensive trial and appellate experience, Greg Marshall represents companies and individuals defending government enforcement, white-collar criminal, and civil litigation matters. Greg also conducts internal investigations and advises clients on compliance issues. He has assisted clients in the financial services, healthcare, government contracting, technology, export, and education sectors.

Greg has defended investigations and cases involving the False Claims Act, the Sherman Act, the Foreign Corrupt Practices Act, the export control laws, and allegations of healthcare, corporate, securities, and tax fraud. He regularly handles matters involving the U.S. Department of Justice, federal agency Inspectors General, the U.S. Securities and Exchange Commission, state Attorneys General, and other federal and state enforcement agencies.

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In what may lead to the biggest FCA opinion in recent history, the U.S. Supreme Court earlier this month agreed to consider two cases addressing the necessary state of mind (i.e., “scienter”) to violate the FCA.

Background

The FCA prohibits defendants from knowingly submitting false claims. That scienter standard is broader than just actual knowledge.

The First Circuit gave defendant AthenaHealth something extra to celebrate this past holiday season when on December 21, 2022, in United States ex rel. Lovell v. AthenaHealth, Inc., it denied relators’ claims for over $1 million in attorneys’ fees in an appeal involving two issues of first impression.

AthenaHealth was a consolidated appeal involving…