(202) 743-1511Derek Adams is a Partner in our DC office 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 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 Rising Star 2020
Publications and Speeches
- Panelist at the Berkeley Law webinar on PPP Fraud and Government Enforcement: What We’ve Seen, What to Expect, and How to Prepare (2021)
- Panelist at the American Conference Institute’s 8th Annual Advanced Forum on False Claims and Qui Tam Enforcement (2021)
- Calculating FCA Damages From PPP Fraud May Be Tricky, Law 360, Expert Analysis, with Ellen London (2020)
- Co-Presenter, 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
- Co-Presenter, Research Misconduct: Legal and Practical Implications, Society of Research Administrators International, October 23, 2020
- Co-Presenter, Paycheck Protection Program (PPP) - Compliance and Enforcement, Practising Law Institute, October 23, 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.
- Co-Presenter, 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.
- Co-Presenter, Research Misconduct and Enforcement Trends, National Conference of University Research Administrators: 62nd Annual Meeting, August 13, 2020.
- Co-Presenter, Negotiating False Claims Act Settlements with the DOJ, American Health Law Association, In-House Counsel Program, July 9, 2020.
- Co-Presenter, 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 2020.
- Co-Presenter, 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 2020.
- Co-Presenter, 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 (THE), October 2019.
- Presenter, 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 2019.
- Author, 3 Steps to Reduce Your Title IV False Claims Risk, University Business Magazine, August/September 2019.
- Author, Inside a Closely Watched FCA and FIRREA Decision, Law360, July 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 2019.
- Co-Author, Duke Deal Signals FCA Dangers Faced by Federal Grantees, Law360, March 2019.
- Author, At the Intersection of Escobar, Touhy And Govenrment Dismissal, Law 360, March 2019.
Mentions in the Press
- 7th Circ. FCA Ruling Deepens Circuit Split On DOJ Dismissals, August 18, 2020, by Jeff Overley, Law360
- 3rd-Party Funding Ruling Opens Door For FCA Case Flood, July 27, 2020, by Daniel Wilson, Law360
- Gov't Contracts Cases Of 2020: Midyear Report, July 1, 2020, by Daniel Wilson, Law360
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Small-business owners could face jail time as DOJ launches investigation into coronavirus loan program, May 2, 2020, by Chris Matthews
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Columbia receives $2.1 million from Chinese philanthropic foundation amid federal crackdown on foreign funds, February 24, 2020, by Valeria Escobar
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U.S. Accuses Harvard Scientist of Concealing Chinese Funding, January 28, 2020, by Ellen Barry
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DOJ, AseraCare Clash Over Next Steps in FCA Saga, November 19, 2019, by Kevin Stawicki
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5 Takeaways As DOJ Finds Footing in FCA Dismissal Crusade, November 15, 2019, by Jeff Overley
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Gilead Suit Tests Government’s Authority to Dismiss Fraud Cases, August 22, 2019, by Valerie Bauman
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DOJ Seems Gun-Shy with New FCA Penalty Firepower, Gilead Suit Tests Government’s Authority to Dismiss Fraud Cases, August 21, 2019, by Jeff Overley
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Supreme Court ruling gives whistleblowers more time to file legal action under False Claims Act, May 14, 2019, by Joanne Finnegan
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DOJ Dismissal Power Looking Wobbly In FCA Cases, April 17, 2019, by Jeff Overley
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
- Federal Bar Association, Qui Tam Section
- American Health Law Association
- American Bar Association
- National Council of University Research Administrators
- Virginia Restaurant, Lodging & Travel Association
- American Hotel & Lodging Association
- Kentucky Primary Care Association
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
- Administrative Law and Regulatory Practice
- Banking and Commercial Loans
- COVID-19 Resource Center
- Government Contracts
- Health Care
- Higher Education and Research Institutions
- Hotels, Leisure, and Hospitality
- Litigation and Government Investigations
- Restaurant, Wine, Beer, and Spirits
- White Collar Defense and Investigations
Admissions
- District of Columbia
- Massachusetts
- Virginia
- 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 Virginia
- U.S. District Court for the Western District of Virginia