(202) 743-1511Derek Adams is a Partner in our DC and New York offices focusing his practice on False Claims Act defense, white-collar matters, government investigations, and litigation. Mr. Adams has broad experience representing clients facing allegations of financial and loan fraud, health care fraud, securities fraud, and other types of fraud throughout the country. Mr. Adams helps clients respond to government subpoenas or Civil Investigative Demands, and he regularly defends clients facing Department of Justice investigations and actions.
A former trial attorney at the U.S. Department of Justice, Mr. Adams’ practice involves the representation of individuals, companies, universities, and organizations in civil, criminal, administrative, and regulatory matters related to financial transactions, health care, small business administration loans, government procurement, research and education.
Representative Experience
Private Practice
- Represent clients in connection with loans under the Paycheck Protection Program;
- Advise clients in connection with additional COVID-19 stimulus programs, such as the Economic Injury Disaster Loan Program, the Restaurant Revitalization Fund, the Employee Retention Tax Credit, and the Main Street Lending Program;
- Defense of health care provider against Department of Justice False Claims Act investigation;
- Conduct investigations on behalf of universities related to potential research misconduct and non-disclosure of foreign affiliations;
- Represent federally qualified health centers in litigation with state Medicaid agencies, contractual disputes, regulatory advice and other matters;
- Represent health care providers in administrative appeals from adverse Medicaid determinations;
- Bring preliminary injunction to enforce federal rights of health care providers;
- Represent covered entities in disputes related to the 340-B Program;
- Defense of financial institution against fraud matter brought by the Department of Justice under the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA);
- Defense of pharmacy against Department of Justice criminal health care fraud investigation;
- Represented partnership in litigation alleging breach of fiduciary duty;
- Defense of bank in securities fraud action brought by the Securities and Exchange Commission;
- Defense of fraud and breach of contract matter brought by monoline insurance company;
- Defense of fraud matter brought by shareholders in publicly traded company;
- Defense of fraud and breach of contract matter brought by investors;
- Represented health care organizations in litigation against State Medicaid departments;
- Litigated action to rescind an asset purchase agreement based on fraudulent inducement; and
- Defense of individual against civil default judgment.
Government
- Achieved FIRREA penalty of more than $2 billion related to fraud in residential mortgage-backed securities market;
- Worked on matter leading to $3 billion FIRREA penalty from a major bank in connection with its unlawful sales practices and pressure tactics that led to the creation of millions of falsified bank records in violation of 18 U.S.C. § 1005;
- Recovered millions of dollars from several physicians and a health care company for False Claims Act violations in connection with a brazen kickback scheme;
- Led loan fraud investigations related to Federal Housing Administration loans;
- Led investigations of mail fraud, wire fraud, bank fraud, small business administration fraud, and other criminal and civil frauds; and
- Led investigations under the Anti-Kickback Statute and the Stark Law.
Honors & Awards
Super Lawyers 2024
Best Lawyers in America 2024
Super Lawyers 2023
Best Lawyers in America 2023
Super Lawyers Rising Star 2022
Super Lawyers Rising Star 2021
Super Lawyers Rising Star 2020
Publications and Speeches
- Panelist, Legal Update: What's Old Is New Again. Constitutionality, Scienter, Falsity, Causation, Government Dismissal Authority and More, American Bar Association’s Civil False Claims Conference (June 4, 2024)
- Moderator, "The Practicalities of a Parallel Proceeding", Federal Bar Association’s Qui Tam Section (March 6, 2024)
- Panelist, "Pandemic Fraud Update: Actions Against Fintechs and Banks” Panel, Federal Bar Association’s Qui Tam Section (September 20, 2023)
- Co-Author, “5 Ways Taxpayers Can Spot Employee Retention Credit Scams,” Law360 (March 23, 2023)
- Moderator, "The Future of Pandemic Fraud Prosecution" Panel, 2023 Qui Tam Conference (February 16-17, 2023)
- Presenter, Our Independent Practice Association (IPA) is Evolving, Kentucky Primary Care Associate Annual Conference (October 10, 2022)
- Presenter, Inappropriate Foreign Influence Developments, Maximus 35th Annual Higher Education Hybrid Meeting (September 24, 2022)
- Co-Author, Fraud Enforcement Risk Mitigation Steps for PPP Lenders, Law360, Expert Analysis (September 10, 2021)
- Co-Author, PE Settlement Illustrates New FCA Liability Theories In Play, Law360, Expert Analysis (August 3, 2021)
- Co-Author, How To Appeal If Your PPP Loan Forgiveness Request Is Denied, Mondaq (July 19, 2021)
- Author, Trio of DOJ Civil Resolutions under the Paycheck Protection Program Are Tip of the Iceberg, Mondaq (June 25, 2021)
- Panelist at the Berkeley Law webinar on PPP Fraud and Government Enforcement: What We’ve Seen, What to Expect, and How to Prepare (March 30, 2021)
- Panelist at the American Conference Institute’s 8th Annual Advanced Forum on False Claims and Qui Tam Enforcement, Mitigating False Claims Violations: Cooperation Credits One Year Later (March 24, 2021)
- Panelist, Introduction to the False Claims Act, 13th National Institute on the Civil False Claims Act and Qui Tam Enforcement, American Bar Association (December 1, 2020)
- Panelist, Research Misconduct: Legal and Practical Implications, Society of Research Administrators International (October 23, 2020)
- Panelist, Paycheck Protection Program (PPP) - Compliance and Enforcement, Practising Law Institute (October 23, 2020)
- Co-Author, Calculating FCA Damages From PPP Fraud May Be Tricky, Law360, Expert Analysis (October 19, 2020)
- Author, Viewpoint: Leave ineligibility rules out of PPP forgiveness decisions, Washington Business Journal (October 16, 2020)
- Author, Is timekeeping for government contractors material under the False Claims Act? Westlaw today (October 5, 2020)
- Author, Paycheck Protection Program: Asserting Your Rights During Loan Forgiveness, PLI Chronicle (October 2020)
- Panelist, Discussing Government Enforcement of CARES Act Programs, Practising Law Institute (September 28, 2020)
- Presenter, Mitigate False Claims Act Risks Attached to COVID-19 Funding, Maximus, 33rd Annual Higher Education Meeting (September 22, 2020)
- Presenter, Loan Forgiveness Under the Paycheck Protection Program, American Hotel & Lodging Association (September 15, 2020)
- Presenter, The False Claims Act’s Application to Research Integrity, Three I’s: Research Integrity & Biosecurity, Chapel Hill, N.C. (September 14, 2020)
- Panelist, Research Misconduct and Enforcement Trends, National Conference of University Research Administrators: 62nd Annual Meeting (August 13, 2020)
- Panelist, Negotiating False Claims Act Settlements with the DOJ, American Health Law Association, In-House Counsel Program (July 9, 2020)
- Panelist, Recent Developments and Trends in Government Investigations, American Bar Association, Section of Litigation (webinar) (June 23, 2020)
- Presenter, Maximizing Forgiveness: New Rules Under the Paycheck Protection Program Flexibility Act of 2020, Webinar (June 18, 2020)
- Presenter, More Than $100 Billion Left in the Paycheck Protection Program: Don’t Miss Out, Webinar (June 18, 2020)
- Co-Author, FCA Ruling Eases Clinical Judgment Standard For Government, Law360 (March 12, 2020)
- Panelist, False Claims Act Dismissals, Federal Bar Association, Qui Tam Conference, Washington, D.C. (February 28, 2020)
- Co-Author, Opinion: Disclosures Scientists Must Make of Foreign Ties, The Scientist Magazine (February 12, 2020)
- Panelist, Discussing DOJ Civil Enforcement and False Claims Act Strategy – Three Part Series, Practising Law Institute (on demand video) (November 13, 2019)
- Co-Author, Difficult Time for International Students in the US, Times Higher Education (October 2019)
- Panelist, The False Claims Act: Research Administration and Research Misconduct, Maximus, 32nd Annual Higher Education Meeting, Nashville, Tennessee (September 13, 2019)
- Co-Author, Government Win In AseraCare FCA Case Benefits Both Sides, Law360 (September 12, 2019)
- Author, 3 Steps to Reduce Your Title IV False Claims Risk, University Business Magazine, (July 29, 2019)
- Author, Inside a Closely Watched FCA and FIRREA Decision, Law360 (July 16, 2019)
- Presenter, The False Claims Act and Guidance for All Institutions, Society of Research Administrators International, webinar (July 24, 2019)
- Presenter, Federal Grantees and the False Claims Act, Thompson Grants, webinar (May 14, 2019)
- Presenter, The Evolution of FIRREA, Mortgage Bankers Association, Legal Issues and Regulatory Compliance Conference, New Orleans, LA (May 6, 2019)
- Author, The Important Reasons DOJ Wants to Toss Gilead FCA Case, Law360, (April 4, 2019)
- Co-Author, Duke Deal Signals FCA Dangers Faced by Federal Grantees, Law360 (March 27, 2019)
- Author, At the Intersection of Escobar, Touhy And Govenrment Dismissal, Law 360 (March 7, 2019)
Mentions in the Press
- IRS Covid-Era Employee Tax Credit Delays Snarl Deal Closings, by Erin Slowey, Bloomberg Tax (May 9, 2024)
- Employers Might Not Rush to Withdraw Worker Credit Claims, by David van den Berg, Law360 (Oct. 27, 2023)
- Fraud-Laden Pandemic Credit Causes Headaches for Buyers in Deals, by Lauren Vella, Bloomberg Tax (May 23, 2023)
- The Pandemic-Era Tax Break Keeping the IRS Up at Night, by Richard Rubin and Ruth Simon, The Wall Street Journal (May 20, 2023)
- Covid Loan Fraud Probes Turn to the Bankers Who Approved Them, by Ben Penn, Bloomberg Law (May 22, 2023)
- As Pandemic Aid Dries Up, Businesses Chase Covid Tax Credit, by Ruth Simon, Wall Street Journal (November 13, 2022)
- Harvard and the Fight for Foreign Collaboration, by Omar Abdel Haq and Eric Yan, The Harvard Crimson (May 26, 2022)
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Convicted Harvard Professor Charles Lieber Moves For New Trial to Rectify ‘Manifest Injustice’, by Isabella B. Cho and Brandon L. Kingdollar, The Harvard Crimson (February 9, 2022)
- To lawyers, conviction of Harvard chemist with China ties shouldn’t chill science. Researchers aren’t so sure, by Eric Boodman, STAT (December 23, 2021)
- Charles Lieber Set to Begin Trial, by Elizabeth Redden, Inside Higher Ed (December 14, 2021)
- Harvard chemist on trial: a guide to the Charles Lieber case, by Andrew Silver, Nature (December 14, 2021)
- Experts Say Lieber Trial Could Decide Fate of DOJ's China Initiative, by Brandon L. Kingdollar and Andy Z. Wang, The Harvard Crimson (December 13, 2021)
- FCA Overhaul Bill May Miss Mark On Reining In Fraudsters, by Daniel Wilson, Law360 (July 27, 2021)
- Lieber Prepares for Impending Trial on Federal Charges As He Battles Incurable Cancer, by Andy Z. Wang, The Harvard Crimson (April 7, 2021)
- 7th Circ. FCA Ruling Deepens Circuit Split On DOJ Dismissals, by Jeff Overley, Law360 (August 18, 2020)
- 3rd-Party Funding Ruling Opens Door For FCA Case Flood, by Daniel Wilson, Law360 (July 27, 2020)
- Gov't Contracts Cases Of 2020: Midyear Report, by Daniel Wilson, Law360 (July 1, 2020)
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Small-business owners could face jail time as DOJ launches investigation into coronavirus loan program, by Chris Matthews, MarketWatch (May 2, 2020)
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Columbia receives $2.1 million from Chinese philanthropic foundation amid federal crackdown on foreign funds, by Valeria Escobar, Columbia Daily Spectator (February 24, 2020)
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U.S. Accuses Harvard Scientist of Concealing Chinese Funding, by Ellen Barry, New York Times (January 28, 2020)
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DOJ, AseraCare Clash Over Next Steps in FCA Saga, by Kevin Stawicki, Law360 (November 19, 2019)
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5 Takeaways As DOJ Finds Footing in FCA Dismissal Crusade, by Jeff Overley, Law360 (November 15, 2019)
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Gilead Suit Tests Government’s Authority to Dismiss Fraud Cases, by Valerie Bauman, Bloomberg Law (August 22, 2019)
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DOJ Seems Gun-Shy with New FCA Penalty Firepower, Gilead Suit Tests Government’s Authority to Dismiss Fraud Cases, by Jeff Overley, Law360 (August 21, 2019)
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Supreme Court ruling gives whistleblowers more time to file legal action under False Claims Act, by Joanne Finnegan, Fierce Healthcare (May 14, 2019)
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DOJ Dismissal Power Looking Wobbly In FCA Cases, by Jeff Overley, Law360 (April 17, 2019)
Civic Involvement
- Represented immigrant in obtaining green card
- Represented low-income housing resident in eviction matter
- First Tee of Greater Washington, Coach
Memberships and Affiliations
- American Hotel & Lodging Association
- Federal Bar Association, Qui Tam Section
News, Events & Insights
Education
University of Michigan Law School, J.D.
- magna cum laude
- Order of the Coif
Greensboro College, B.S.
- cum laude
Previous Experience
- Feldesman Tucker Leifer Fidell LLP, Partner
- Department of Justice, Trial Attorney, Civil Fraud Section
- Goodwin Procter LLP, Associate
Areas of Practice
Admissions
- District of Columbia
- Massachusetts
- Virginia
- New York
- U.S. Court of Appeals for the 2nd Circuit
- U.S. Court of Appeals for the 9th Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Northern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia