Qui Tam Section: [VIRTUAL] The FCA and Gatekeeper Fraud
2026-04-08 12:00 - 13:30 (America/New_York)
**Program hosted in (ET) Time Zone**
The federal government is increasingly relying on private “gate-keepers” to certify, credential, or otherwise approve participants in Government programs (both individuals and entities) to ensure adherence to regulatory standards. For example, JCAHO certifies hospitals, NCQA certifies MCOs, HQAA certifies DME suppliers, and other entities approve EHR software used by various health systems. When do relators have a viable FCA claim if there is fraud in the certification and/or credentialing process, either on the gate-keeper by companies seeking to obtain necessary approval to obtain access to government programs and funds, or by the gate-keeper performing the quasi-governmental function? What are the unique challenges of these types of FCA cases? What defenses might be raised? Looking ahead, how might these cases impact future FCA cases relating to the misuse of AI devices? Or to the activities of quasi-governmental entities like DOGE?
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Presented by the FBA Qui Tam Section

Presenters
MODERATOR

Edward Baker
Lieff Cabraser Heimann & Bernstein
SPEAKERS

Owen Foster
Phillips & Cohen

Jay McCormack
Verrill

Kevin Lownds
Office of the Attorney General, Massachusetts

Registration
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FBA Members: $0
Non-Members: $0

CLE
Please note that CLE credit is not offered for this webinar.

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If you have any questions regarding this program, please contact sections@fedbar.org.

Webinar: Criminal Sentencing: How to Tell your Client’s Story
2026-04-08 14:00 - 15:00
**Program hosted in (ET) Time Zone**
This one-hour CLE Webinar CLE is aimed at newer prosecutors and defense attorneys who practice at least periodically in the federal courts across the United States. Two renowned criminal attorneys will walk you through each of their perspectives on optimal strategy and presentation at criminal sentencing to truly tell your client’s story to the Judge and obtain the best possible outcome for your client. Our moderator, Judge Richard E.N. Federico of the U.S. Court of Appeals for the Tenth Circuit, will introduce topics for discussion between the panel members aimed at providing an overview of the relevant law, including United States Sentencing Commission Guidelines, an explanation of the process, examples of “dos and don’ts” and case-specific examples from past sentencing hearings.
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Presented by FBA’s Federal Litigation Section, the Younger Lawyers Division & the Kansas and Western District of Missouri Chapter

Presenters

Teny Geragos, Partner, Agnifilo Intrater LLP.
Teny Geragos, a founding partner of Agnifilo Intrater LLP, defends individuals in federal and state criminal cases at both the trial and appellate level. Most recently, Ms. Geragos helped secure an acquittal for Sean Combs for the charges of sex trafficking and racketeering conspiracy in the Southern District of New York. Teny is particularly experienced in defending and investigating allegations of sexual misconduct, which involve complex legal issues and emotionally charged situations. She has represented numerous individuals accused of sexual assault, sexual harassment, or other types of sexual misconduct. Teny has also regularly represented victims of sexual assault and violence, helping them navigate the difficulties of reporting to the police, and cooperating with law enforcement investigations. Finally, Teny has led several internal investigations, including in the construction and healthcare industries.
Prior to founding Agnifilo Intrater LLP, Teny was associated with Brafman & Associates, P.C. for approximately eight years, where she successfully defended a wide range of criminal matters including sex assault, securities fraud, wire fraud, public corruption, tax evasion, narcotics, FCPA, and cases that have potentially serious collateral consequences, such as deportation.
Ms. Geragos has been selected as a SuperLawyers Rising Star for five consecutive years and publishes and speaks regularly on various legal topics ranging from “Gag” Orders to Protective Orders to managing electronic discovery.
Ms. Geragos serves on the Board of Directors of the New York Criminal Bar Association.

Dan Webb, Co-executive Chairman, Winston & Strawn LLP, Chicago, Illinois.
Dan is co-executive chairman of Winston & Strawn and one of the most distinguished and sought-after trial lawyers in the United States. He has tried more than 100 jury cases involving a wide variety of claims and been named a fellow of the prestigious American College of Trial Lawyers. Notably, Dan achieved international acclaim for his successful prosecution of retired Admiral John Poindexter in the Iran-Contra Affair. He served as the U.S. Attorney for the Northern District of Illinois and has served in special prosecutor or similar roles on several occasions, including for the successful prosecution of actor Jussie Smollett in Chicago, for which he was named Am Law’s “Litigator of the Week” in December 2021.
Dan’s trial practice concentrates in the areas of major commercial, civil, regulatory, and white collar criminal cases. Among his jury cases are numerous successful complex commercial and white collar criminal trials, representing, on several occasions, large corporations in jury trials lasting two months or longer.
Dan has spent his entire professional life as a courtroom trial attorney and litigator. As the U.S. Attorney in Chicago, he spearheaded the “Operation Greylord” investigations into judicial corruption in Cook County, Illinois.
He received national attention for his work as lead trial counsel for General Electric, successfully defending it against criminal price-fixing allegations related to industrial diamonds, as well as for his representations of Microsoft Corp. in its antitrust litigation; Philip Morris in its sprawling tobacco-related litigation; and Verizon in obtaining a US$58M verdict in a patent litigation matter.
Dan delivered a historic win for BPI in its defamation action against ABC News relating to a series of reports by ABC News in which its broadcasters referred to BPI’s product in a defamatory way, leading BPI to massive financial losses. With BPI seeking over US$1.9B in actual damages, the case has been widely reported as the “largest” and “one of the most significant” defamation cases in U.S. history. After weeks of putting on witnesses to prove ABC intentionally and knowingly made nearly 200 hundred false statements about BPI and its product and with our team about to put on damages witnesses, the case settled. The settlement vindicated BPI and put the company on the path to recovery.
A team of Winston attorneys, led by Dan, conducted an internal investigation at the New York Stock Exchange related to the compensation of its former Chairman and CEO, Richard A. Grasso. Following Winston’s investigation, summarized in what is now known as the “Webb Report,” the New York Attorney General’s Office sued Grasso for the return of more than US$120M in compensation.
Other successes for clients in securities matters include obtaining favorable settlements for Ernst & Young in a securities class action brought by stockholders of HealthSouth Corp. and for Cisco Systems in a securities class action brought by the Plumbers & Pipefitters National Pension Fund and obtaining summary judgment for Scientific-Atlanta in a securities fraud class action.
On the antitrust front, Dan successfully represented Wyeth (Pfizer) against an antitrust class action relating to its patented potassium chloride product K-Dur®, C.R. Bard against claims of anti-competitive conduct relating to sales contracts with group purchasing organizations for catheters, and Monsanto against the antitrust claims brought by competitor DuPont relating to Monsanto’s patented Roundup Ready® weed killer.
As for other class action experience, one of Dan’s most significant cases was for Philip Morris. He served as lead trial counsel in Engle, et al. v. R.J. Reynolds Tobacco Co., et al., the first—and to date, only—class action brought by cigarette smokers for punitive damages to be tried to verdict. He also served as chief trial counsel for Lexecon in another high-profile class action civil trial that resulted from the failure of Lincoln Savings, the S&L institution owned and operated by Charles Keating, Jr.

Hon. Richard E.N. Federico, U.S. Court of Appeals for the Tenth Circuit:
Rich Federico began his legal career serving as a Navy Officer in the Judge Advocate General’s Corps (JAG). He served on active duty from 2002 to 2015, including tours of duty as a military prosecutor (Norfolk, Virginia), the senior Navy prosecutor for Europe and Southwest Asia (Naples, Italy; Bahrain), defense counsel for Guantanamo detainees charged with war crimes and being tried before military commissions (Washington, DC; Guantanamo Bay, Cuba), and as Officer in Charge of Navy defense offices (Jacksonville, Florida). During these assignments, he also served at sea and led investigation missions to Afghanistan and Korea.
In 2015, Judge Federico left active duty and became an Assistant Federal Public Defender for the District of Oregon (Portland). While in Portland, he tried several high-profile cases in district court, litigated habeas petitions, and argued before the Ninth Circuit. He transferred to the Federal Public Defender for the District of Kansas in 2017, where he served until he received his judicial commission in 2023. Judge Federico continued to serve as a Navy JAG in the Reserves, first as an appellate defense counsel and later as a military judge. He retired from the Navy in July 2024 at the rank of Captain.
Judge Federico was confirmed by the U.S. Senate and received his commission from President Biden to serve as a Circuit Judge in December 2023. He assumed office and joined the Tenth Circuit on December 14, 2023. He is an honors graduate of the Georgetown University Law Center (LL.M., 2012), University of Kansas School of Law (J.D., 2002), and Indiana University School of Journalism (B.A., 1999).

Registration
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Live Broadcast | FBA Member: $0
Live Broadcast | Nonmember: $95
On-Demand Broadcast | FBA Member: $50
On-Demand Broadcast | Nonmember: $95

CLE
Please note: CLE for this webinar has not been pre-approved.
MyLaw and the FBA will seek 1.0 General CLE credit hours in 60-minute states, and 1.2 General CLE credit hours in 50-minute states.
Posted credit hours are estimated and subject to respective state approval and rounding rules. CLE qualifications vary by state/jurisdiction.
For questions regarding this program, please contact MyLaw CLE by email: registration@mylawcle.com or
