Litigation & Arbitration

State Government & Public Officials

Representation of state governments, agencies, and public officials in federal investigations, False Claims Act matters, and high-stakes disputes.

Overview

State governments, their agencies, and the officials who run them face a distinct kind of legal exposure. A federal program audit can become a False Claims Act investigation. A policy decision can draw a Congressional inquiry. A public official can become the subject of a federal probe. These matters carry political and institutional stakes on top of the legal ones, and they require counsel who understands how the federal government investigates and how to resolve a matter without unnecessary public damage.

Fridman Fels & Soto brings senior government experience to this work. Daniel Fridman served as Senior Counsel to the U.S. Deputy Attorney General, advising the second-highest official in the Department on national criminal policy, and as Special Counsel for Health Care Fraud coordinating enforcement across multiple DOJ components and the FBI. The firm's partners are former federal prosecutors who know how charging and resolution decisions are made on the other side of the table.

The firm has represented a U.S. state government, selected through a competitive process, as lead counsel in a False Claims Act investigation brought by the DOJ's Civil Division, and resolved it for a fraction of the government's original demand. The firm also represents, pro bono under its rule-of-law and democracy-protection initiative, nonprofit organizations targeted in a Congressional inquiry. This is work the firm takes seriously, on both the defense and the public-integrity side.

Our Approach

We begin by understanding the institution: how the agency or office operates, what the federal government is actually alleging, and where the legal exposure and the political exposure diverge. A resolution that is legally sound but institutionally damaging is not a good result for a government client, so we build strategy around both.

We engage the government early and directly. Former prosecutors know that the most effective work often happens before a case is filed or a demand is finalized, by presenting the facts, challenging the theory, and narrowing the matter. That early engagement is how the firm resolved a state False Claims Act investigation for a fraction of the original demand.

We manage the public and inter-branch dimensions carefully. Matters involving public officials and government bodies can attract press and oversight attention, and the legal strategy has to account for that without compromising the defense.

Representative Experience

White Collar & Government Investigations

  • False Claims Act Defense of a U.S. State Government Agency

    Selected through a competitive process as lead counsel for a U.S. state agency in a DOJ Civil Division False Claims Act investigation over alleged quality-control fraud in a federal benefits program. The government's demand exceeded $40 million, reflecting the treble damages and per-claim civil penalties available under the FCA. Resolved for $17.5 million, a fraction of the government's original demand; Mr. Fridman signed the settlement on the agency's behalf.

Frequently Asked Questions

Can a state government be the target of a federal False Claims Act investigation?

Yes. When a state administers a federal program, such as a benefits or grant program, and the federal government alleges that false data or claims were submitted, the state can face False Claims Act exposure, which carries treble damages. These matters are handled by the DOJ's Civil Division and the relevant U.S. Attorney's Office. The firm has served as lead counsel for a state government in exactly this kind of investigation and resolved it for a fraction of the government's original demand.

What should a public official do when contacted in a federal investigation?

Retain experienced counsel before responding, and clarify your status. A public official may be a witness, a subject, or a target, and the distinction is critical and not always disclosed. Statements made to investigators can be used later. Counsel can determine your status, manage communications with the government, and ensure that your response protects both you and, where appropriate, the institution you serve.

How is representing a government institution different from representing a private client?

Government clients have a public mission, oversight obligations, and political exposure that private clients do not. A purely legal victory can still be an institutional loss if it damages the agency's standing or operations. We build strategy that accounts for the institutional and political stakes alongside the legal ones, which is where senior government experience matters.

Does the firm handle Congressional and legislative inquiries?

Yes. The firm represents organizations targeted in Congressional inquiries, including pro bono work for nonprofits under its rule-of-law and democracy-protection initiative. Congressional inquiries follow different rules than court proceedings and require a response strategy built for that forum, including the management of document demands and testimony.

Team

Facing a government investigation?

Time matters. Contact us before the first interview request.

Contact the Firm