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Charlotte Gillingham

Counsel

cgillingham@crowell.com
Phone: +1 202.624.2948
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Charlotte Gillingham is a litigation attorney with the Government Contracts Group in the firm’s Washington, D.C. office. She represents government contractors and health care clients in a broad range of trial and litigation matters. Her recent work includes litigating federal and state civil false claims qui tam actions, bid protests, investigations, and compliance counseling. Charlotte is committed to her pro bono work in educational equity, trafficking and asylum, and child custody cases.

Representative Litigation Matters

  • Served as appellate counsel before the U.S. Court of Appeals for the D.C. Circuit and as trial counsel during a three-week jury trial in a civil False Claims Act (FCA) qui tam action. The case involved allegations of fraud related to submissions to the Export-Import Bank of the U.S., which financed loans issued to several Nigerian states for their purchase of pumping and irrigation equipment from MWI in the early 1990s. The government intervened in the matter and claimed trebled damages in excess of $222 million. After the jury trial, the government dismissed its common law claims with prejudice and the court entered a final judgment of $0 in damages on the government’s FCA claims. The government appealed the damages judgment and MWI cross-appealed on liability. On appeal, the D.C. Circuit overturned the jury verdict, finding that MWI was not liable because it had reasonably interpreted an ambiguous regulation. The U.S. Supreme Court also denied the relator’s petition for writ of certiorari. United States ex rel. Purcell v MWI Corp., 807 F.3d 281 (D.C. Cir. 2015), reh’g en banc denied, cert denied, 137 S. Ct. 625 (2017).
  • Litigated on behalf of a major insurance company in connection with False Claims Act/qui tam action alleging fraud related to grant funding for a renewable energy project under the American Recovery and Reinvestment Act of 2009. Relator’s claims were dismissed with prejudice after motions practice. Obtained dismissal of appeal to D.C. Circuit as well. See United States ex rel. Prescott Lovern v. Deutsche Bank Trust Co. Americas, et al., No. 14-7186 (D.C. Cir.) (Per Curiam opinion, May 6, 2015).
  • Litigated and investigated parallel criminal and civil proceedings involving alleged violations of 18 U.S.C. § 207 (conflicts of interest), 18 U.S.C. § 287 (criminal False Claims Act), 41 U.S.C. § 423 (Procurement Integrity Act), and the civil False Claims Act. The civil FCA litigation involved allegations of improper bid pricing in connection with nearly 30 different contracts with eight separate federal agencies. Government intervened only as to claims related to three contracts with two federal agencies. Criminal allegations resolved through non-prosecution agreement. Civil False Claims Act allegations resolved just prior to filing of motions to dismiss for small fraction of alleged single damages. Previously imposed suspension was lifted. (D.D.C. 2013).
  • Defended global pharmaceutical company in False Claims Act/qui tam action alleging pharmaceutical price reporting fraud in violation of the False Claims. The government did not intervene. Case successfully resolved through settlement following protracted litigation and dismissed with prejudice.
  • Successfully represented major telecommunications company in a D.C. FCA case alleging failure to remit amounts associated with unused calling card minutes under the District of Columbia unclaimed property law. In a case of first impression, the District of Columbia Court of Appeals determined that the False Claims Act allegations were barred under the public disclosure doctrine. (D.C. Court of Appeals, January 2011).
  • Bid Protests. Successfully persuaded the U.S. Court of Federal Claims to enter a Temporary Restraining Order against an award to one the largest security contracts in Iraq. One week later, the U.S. Army agreed that our protest was meritorious and voluntarily took corrective action to remedy the procurement irregularities.
  • Truth in Negotiations Act (TINA). Successfully defended Department of Defense contractor on appeal of the largest defective pricing claim litigated under the Truth in Negotiations Act (TINA) (Fed. Cir. 2006). Work as part of appellate team resulted in precedential rulings on contract pricing, reliance, and causation for government claims involving defective pricing under TINA.

Additional Investigations, Counseling, and Claims Work

  • Successfully handled large fraud investigations for Medicare contractors, resulting in non-intervention decisions by the Department of Justice in qui tam FCA suits.
  • Advised on compliance infrastructure, including reporting lines and best practices protocol.
  • Wrote company practices and procedures for conducting internal investigations, responding to hotline calls, and preparing mandatory disclosures to the government.
  • Represented health care companies in various aspects of health care contracting, including claims, compliance, corporate governance issues, and internal investigations.

Prior to joining Crowell & Moring in 2003, Charlotte served as a law clerk for the Honorable Jeffrey L. Amestoy, Chief Justice of the Vermont Supreme Court.

Education

  • University of Michigan Law School, J.D.
  • University of Michigan

Affiliations

Admitted to practice: District of Columbia, Michigan, U.S. Court of Federal Claims, U.S. District Court for the District of Columbia, U.S. Court of Appeals for the D.C. Circuit

Professional Activities and Memberships

  • District of Columbia Bar
  • American Bar Association
  • State Bar of Michigan

View More

"The False Claims Act: Legal Developments and Enforcement Trends: A Look Back, a Look Ahead," Crowell & Moring Webinar (December 6, 2018). Presenters: William S.W. Chang, Brian Tully McLaughlin, Charlotte Gillingham, and Sarah Hill.
Speech/Presentation
"Taking It to the Bank: FCA Case Dismissed Because Federal Reserve Banks Are Not the U.S. Government," False Claims Bullet Points (May 16, 2018). Contacts: Stephen J. McBrady, Alan W. H. Gourley, Brian Tully McLaughlin, Gail D. Zirkelbach, Charlotte Gillingham
Client Alert/Newsletter
"Advantage United Healthcare: U.S. District Court Judge Tosses Allegations in Medicare Advantage Lawsuit," Health Care Alert (October 19, 2017). Contacts: Laura M. Kidd Cordova, Brian Tully McLaughlin, Charlotte Gillingham, Jacinta Alves, Jared Engelking
Client Alert/Newsletter
"First Means First: Dismissal of Prior Related Actions No Cure For Relator’s First-to-File Defect ," Government Contracts Bullet Points (August 15, 2017). Contacts: Brian Tully McLaughlin, Charlotte Gillingham
Client Alert/Newsletter
"Enough Is Enough! Supreme Court Puts an End to 18-Year FCA Litigation," Government Contracts Bullet Points (January 17, 2017). Contacts: Brian Tully McLaughlin, Charlotte Gillingham, Richard L. Beizer
Client Alert/Newsletter
"DOJ Makes Significant Inflation Adjustment to Civil Monetary Penalties," Government Contracts Bullet Points (July 1, 2016). Contacts: Charlotte Gillingham, Brian Tully McLaughlin, Gail D. Zirkelbach
Client Alert/Newsletter
DC Circ. Ruling Gives FCA Defendants An Easy Out, US Says Law360 (February 9, 2016)
In the News
Government Contracts Group of the Year: Crowell & Moring Law360 (January 6, 2016)
In the News
"Defendant’s Reasonable Interpretation of Ambiguous Regulation Negates FCA Liability," Government Contracts Bullet Points (December 1, 2015). Contacts: Richard L. Beizer, Brian Tully McLaughlin, Charlotte Gillingham
Client Alert/Newsletter
Expert Tells Federal Contractors to Play It Safe, Invest in Compliance Bloomberg BNA (May 12, 2015)
In the News

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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