JOEL D. HESCH, ESQ.
Author, Former Department of Justice Fraud Division Attorney, Law School Professor
DEPARTMENT OF JUSTICE (DOJ) EXPERIENCE:
Trial Attorney (15 years)
U.S. Department of Justice
Civil Division, Fraud Section
Washington, D.C.
DOJ Activities:
-Worked on fraud cases recovering over $1 billion
-Led fraud investigations affecting 20 different federal agencies
-Appointed to “DOJ Pharmaceutical Fraud Team”
-Won False Claims Act jury trial on behalf of the United States
-Appointed by DOJ to testify of behalf of DOJ regarding the False Claims
Act’s “Public Disclosure Bar” and “Original Source Exception”
-Appeared before many different federal district courts
DOJ Awards:
-Special Commendation for Outstanding Service
-Meritorious Award
-Special Achievement Award for Superior Performance
LAW SCHOOL TEACHING:
Professor of Law, Liberty University (2006 to present)
Courses: Civil Procedure I and II, Negotiations, Pre-Trial Practice, Conflict
of Laws, Legal Skills I through IV
Achievements:
Coach, Negotiation Teams
World Negotiation Competition 2016 (held in Switzerland): 5th in World (invited by ABA to represent U.S.A.)
ABA National Negotiation Competition (top 20 teams in nation invited to compete):
2nd in 2015
5th in 2007
8th (tie) in 2019
10th in 2008
12th (tie) 2020
13th in 2012
16th in 2018 and 2008
17th in 2007
20th in 2009
International Transatlantic Negotiation Competition
Winner in 2021
Winner of Best American Advocate Award in 2021
Winner of Best Teamwork Award in 2021
ABA Regional Negotiation Competition:
Winner: 2019, 2009, 2008, 2007
Runner-up: 2015, 2012, 2010
3rd place (tie): 2018
4th place: 2015, 2012
5th place: 2017, 2016, 2014, 2013, 2011, 2020
National Basketball Negotiation (NBA) Competition:
Winner: 2016, 2014; Third place: 2015
National Entertainment Law Competition:
Winner: 2011 and 2010; Fourth place: 2015
National Environmental Law Competition:
Winner: 2007; Third place: 2014, 2008; Fourth place 2019
William and Mary Regional Negotiation Competition:
Runner-up: 2016
LEGAL EDUCATION:
J.D., 1988, The Catholic University of America, Washington, D.C.
Class Rank: 5th
Journal: Contemporary Health Law & Policy, Member, 1987-1988
MEMBERSHIPS:
American Bar Association
State Bar of D.C., 1989 to present
State Bar of Maryland, 1988 to present
Admitted to the Supreme Court of the United States
Admitted to the United States Court of Federal Claims
Admitted to the United States Tax Court
Admitted to the D.C. District Court
Admitted to the Maryland District Court
BOOKS AUTHORED:
Whistleblowing Rewards for Reporting Fraud against the Government, Step-By-Step: How to Obtain a Reward by a Former Department of Justice Attorney Who Helped Administer DOJs Reward Program (Fourth Ed. 2017)
Reward: Collecting Millions for Reporting Tax Evasion (A Guide to the IRS Whistleblower Reward Program) (March 15, 2009)
LEGAL BRIEFS BEFORE U.S. SUPREME COURT:
Amicus Curiae Brief by Professor Joel D. Hesch, dated January 9, 2019, filed in Cochise Consultancy, Inc., et al. v. U.S. ex rel. Billy Joe Hunt, Docket No. 18-315. This brief supported the whistleblower and argued that the 10-year FCA statute of limitations applies in declined qui tam cases. The brief was cited twice by the Respondent in its party brief.
Amicus Curiae Brief, dated March 2, 2016, filed in Universal Health Services, Inc. v. U.S. ex rel. Julio Escobar, Docket No. 15-7. This brief supported a whistleblower’s right to recover under the False Claims Act (FCA) and arguing that the FCA does not require an express certification of compliance with a contract provision for fraud to be actionable
Amicus Curiae Brief, dated April 6, 2015, filed in U.S. ex rel. Gonzalez v. Planned Parenthood of Los Angeles, Docket No. 14-1080. This brief supported a whistleblower’s petition for a writ of certiorari and proposed a standard for the “government knowledge defense” to the FCA
Amicus Curiae Brief, dated June 26, 2014, filed in Kalyanaram v. New York Institute of Technology, docket No. 13-1444. The brief supported a whistleblower’s petition for a writ of certiorari pertaining to whether public policy barred a claim by his employer stemming from providing company documents to the government as part of reporting fraud against the government
Amicus Curiae Brief, dated January 22, 2008, filed in Allison Engine Comp., et al. v. U.S. ex rel. Sanders and Thacker, No. 07-214. The brief supports a whistleblower alleging a subcontractor violated the False Claims Act by supplying defective engines to a prime contractor building a $1 billion Navy ship
LEGAL PUBLICATIONS:
Joel D. Hesch, Proving a Violation of the False Claims Act Through Deliberate Ignorance, 17 LIBERTY U. L. REV. 3 (2022).
Joel D. Hesch, Worthless Services and Drugs is a Viable Theory of Recovery under the False Claims Act: Establishing a Uniform Standard for Courts to Adopt, 92 Miss. L. J 67 (2022)
Joel D. Hesch, General Releases In Employment Contracts Cannot Bar Employees From Filing Or Participating In Qui Tam Cases Under The False Claims Act, American Journal of Trial Advocacy, 44 Am. J. Trial Advoc. 35 (2021)
Joel D. Hesch, A Comprehensive Analysis of the False Claims Act’s Unique Statute of Limitations: The Supreme Court’s Ruling in Cochise Consultancy, Inc. Was a Good Start but Left Much to Do, 70 Syracuse L. Rev. 773 (2020)
Joel D. Hesch, Understanding the Revised Reverse False Clams Provision of the False Claims Act and Why No Proof of a False Claim is Required, 53 UIC J. Marshall L. Rev. 461 (2020) (cited in a party brief for petition for a writ of certiorari before the U.S. Supreme Court in Foreman, Petitioner, v. AECOM, et al., Respondents, 2022 WL 1003990 (U.S.), 30, 36)
Joel D. Hesch, Allowing Whistleblowers to Copy Company Documents to File Qui Tam Complaints under the False Claims Act when Reporting Medicare Fraud, 13 Liberty U. L. Rev. 265 (Spring 2019)
Joel D. Hesch and Mia Yugo, Can Statistical Sampling Be Used to Prove Liability Under the FCA or Does Each Provision of the Statute Require Individual Proofs?, 41 Am. J. Trial Advoc. 335 (2018) (cited in Reply Brief by Plaintiff-Appellant before the Ninth Circuit Court of Appeals in United States ex rel. Vatan, Plaintiff-Appellant, v. QTC Medical Services, Inc., et all, Defendants-Appellees, 2020 WL 924127 (C.A.9), 13-14)
Joel D. Hesch, Restating the ‘Original Source Exception’ to the False Claims Act’s ‘Public Disclosure Bar’ in light of the 2010 Amendments, 51 U. Rich. L. Rev. 991 (2017) (cited 9 times in an opinion by the 10th Circuit Court of Appeals in United States ex rel. Reed v. KeyPoint Gov’t Sols., 923 F.3d 729 (10th Cir. Apr. 30, 2019); cited by United States ex rel. Kuriyan v. HCSC Ins. Servs. Co., No. CIV 16-1148 JB/KK, 2021 WL 5998603, at *42 (D.N.M. Dec. 20, 2021); cited in brief on appeal to the Second Circuit Court of Appeals in United States ex rel. CKD Project, LLC, Plaintiff-Relator-Appellant, v. Fresenius Medical Care AG & Co., et al., 2021 WL 6061954 (C.A.2), 43)
Joel D. Hesch, It Takes Time: The Need to Extend the Seal Period for Qui Tam Complaints Filed Under the False Claims Act, 38 Seattle U. L. Rev. 901 (2015) (cited in amicus brief by Washington Legal Foundation before the U.S. Supreme Court in Cochise Consultancy, Inc., et al. v. U.S. ex rel. Billy Joe Hunt, Docket No. 18-315 (2019), 2019 WL 169142; and cited in two separate amicus briefs before the U.S. Supreme Court in State Farm Fire and Casualty Co. v. U.S., Docket No. 15-513, 2016 WL 4191355 (2016), and 2016 WL 4239408 (2016); cited in brief before the Sixth Circuit Court of Appeals by Plaintiff-Appellant in Springstone, Inc., Plaintiff – Appellant, v. HISCOX Ins. Co., Defendant – Appellee., 2020 WL 6211720 (C.A.6), 46)
Joel D. Hesch, The False Claims Act Creates a “Zone of Protection” That Bars Suits Against Employees Who Report Fraud Against the Government, 62 Drake L. Rev. 361 (2014) (cited by courts in United States ex rel. Thomas v. Duke Univ., No. 1:17-CV-276, 2018 WL 4211372, at *6 (M.D.N.C. Sept. 4, 2018); and Shmushkovich v. Home Bound Healthcare, Inc., No. 12 C 2924, 2015 WL 3896947, at *2 (N.D. Ill. June 23, 2015); cited in a party brief for petition for a writ of certiorari before the U.S. Supreme Court in Kalyanaram v. New York Institute of Technology, Docket No. 13-1444, 2014 WL 2507933 (2014); cited in party brief in DCCCA 1, Inc., v. Diversified Products Industries, 2015 WL 4779607 (Cal. App. 1 Dist.))
Joel D. Hesch, Breaking the Siege: Restoring Equity and Statutory Intent to the Process of Determining Qui Tam Relator Awards Under the False Claims Act, 29 T.M. Cooley L. Rev. 217 (2012) (cited in brief before the Eleventh Circuit Court of Appeals by Plaintiff-Appellants in Zedkiker, ex rel. United States of America, et al. Plaintiff-Appellants, v. Orthogeorgia, et al., Defendants-Appellees., 2020 WL 3100474 (C.A.11), 11)
Joel D. Hesch, Whistleblower Rights and Protections: Critiquing Federal Whistleblower Laws and Recommending Filling in Missing Pieces to Form a Beautiful Patchwork Quilt, 6 Liberty U. L. Rev. 51 (Fall 2011) (cited in Appellate Brief in Barati v. Motorola, Inc., District Court of Appeal of Florida, First District, No. 1D15-0213, 2015 WL 12851321)
Joel D. Hesch, Understanding the “Original Source Exception” to the False Claims Act’s “Public Disclosure Bar” in light of the Supreme Court’s Ruling in Rockwell v. United States, 7 DePaul Bus. & Com. L.J. 1 (Fall 2008) (cited by a district court in U.S. ex rel. Woods v. SouthernCare, Inc., No. 3:09-CV-00313-CWR, 2013 WL 5445239, at *3 (S.D. Miss. Sept. 30, 2013); cited in two separate briefs before the U.S. Supreme Court in Graham County v. U.S., docket No. 08-304, see party brief by the States, 2009 WL 2903917, and amicus brief, 2009 WL 3439203 (2009))
Joel D. Hesch, Restating the “Original Source Exception” to the False Claims Act’s “Public Disclosure Bar,” 1 Liberty U. L. Rev. 111 (Inaugural Edition 2006) (cited in unpublished district court opinion U.S. ex rel. Pallares v. Samir Itani, et al., S.D. Tex. (July 6, 2010); cited in Petition for a Writ of Certiorari to the U.S. Supreme Court in Chattanooga-Hamilton County Hospital Authority v. U.S., Docket No. 15-96, 2015 WL 4464703 (2015); cited in an amicus brief before the U.S. Supreme Court in Schindler Elevator Corp. v U.S., Docket No. 10-188, 2011 WL 246072 (2011); cited five times in an amicus brief before the U.S. Supreme Court in Rockwell v. U.S., 549 U.S. 457 (2007), Docket No. 05-1272, 2006 WL 3381297 (2006))
EXPERT SOURCE CITED IN BRIEF BEFORE U.S. SUPREME COURT
Joel Hesch was cited by in a party brief for petition for a writ of certiorari before the U.S. Supreme Court as a “FCA expert and veteran FCA litigator.” See Reply Brief in Opposition, dated April 20, 2015, filed in U.S. ex rel. Gonzalez v. Planned Parenthood of Los Angeles, Docket No. 14-1080. The brief also quoted Mr. Hesch for the proper framework of the government knowledge defense to the FCA
EXPERT SOURCE CITED IN MAJOR MEDIA ARTICLES:
The following Forbes Magazine article cites to Joel Hesch as a leading expert:
Tax Informants are on the Loose, Forbes Magazine, December 14, 2009 (devoting 2 full paragraphs in the lead Forbes Magazine story to predictions, statistics, and tips by Joel Hesch, as a national expert on fraud against the government and income tax evasion), an online version of the magazine article is located at:
http://www.forbes.com/forbes/2009/1214/investment-guide-10-ubs-irs-spondello-tax-informants-on-loose.html
Bloomberg Expert Source:
Foreclosure Whistleblower Wins $18 Million in Bank Accord, (Bloomberg) by Jef Feeley and David McLaughlin (March 16, 2012) (reprinted in many newspapers)
CONFERENCE SPEAKER:
False Claims Act Claims (Qui Tam for Justice and Profit), by Joel Hesch, presented at The Heritage Foundation, 2012 Spring Legal Strategy Forum
MAJOR MEDIA ARTICLE AUTHORED BY JOEL HESCH:
The following article by Joel Hesch were published by The Washington Times:
‘Or’ a trillion-dollar word: A burgeoning deficit could hide in one detail, The Washington Times (Sunday Edition, August 16, 2009)
EXPERT SOURCE CITED IN BOOK ACKNOWLEDGEMENT:
Blood Feud: The Man Who Blew the Whistle on One of the Deadliest Prescription Drugs Ever, by Kathleen Sharp (Dutton, published by Penguin Group (USA) Inc. (2011))
EXPERT SOURCE CITED IN OTHER MEDIA ARTICLES:
Orlando surgery center faces federal lawsuit over kidney stone procedures, kickback claims, by Naseem S. Miller, Orlando Sentinel (Nov. 27, 2019), located a https://www.orlandosentinel.com/news/os-ne-orlando-surgery-center-lawsuit-20191127-tirgv5jyp5cl3oi7ai76rpf6d4-story.html
In Medicaid fraud case, record $236M settlement still may be a loser for Texas, by Eric Dexheimer, Austin Bureau, Houston Chronicle (February 28, 2019)
Prof Says Gov’t Opt Out Doesn’t Alter FCA Time Limits,” Law360, Shayna Posses, January 8, 2019.
Seenos accumulated $500 million IRS tax debt, former business partner says, San Jose Mercury News (California), August 20, 2012, by Matthias Gafni
Lawyer turned whistleblower, The Washington Post, March 17, 2012, by Jef Feeley and David McLaughlin
Before you deposit that check from Canada, make sure it’s legit, American-Statesman (July 27, 2008), located at http://www.statesman.com/life/content/life/stories/other/07/27/0727guide.html
Court narrows law aimed at contractor fraud, Federal Times (June 15, 2008), located at http://federaltimes.com/index.php?S=3578783
Court raises government’s burden of proof in subcontractor fraud, Federal Times (June 10, 2008), located at http://federaltimes.com/index.php?S=3570539
Sanyo can’t sell its Chinese-built cameras to Uncle Sam, Jacob Goodwin, Government Security News Magazine (April 7, 2008), located at: http://gsnmagazine.live.netconcepts.com/cms/features/news-analysis/654.html http://www.gsnmagazine.com/cms/lib/985.pdf
Lawmakers: Let federal employees share in damage awards, Federal Times (March 3, 2008), located at: http://federaltimes.com/index.php?S=3397791
U.K. Will Offer Up To £100,000 To Whistleblowers, CompetitionLaw360 (March 3, 2008), located at: http://competition.law360.com/Public/Default.aspx
Whistleblowing: Stop fraud, save taxes, and get paid!, WorldNetDaily (October 24, 2007), located at: http://wnd.com/news/article.asp?ARTICLE_ID=58272
OTHER MEDIA ARTICLES AUTHORED BY JOEL HESCH:
The Four Greatest Risks of a Fraud or False Claims Act Suit against Pharmaceutical Companies, Corporate Compliance Insights (October 28, 2009), located at http://www.corporatecomplianceinsights.com/2009/adulterated-drugs-medicaid-rebate-fraud-false-claims-act-risk-pharma-companies
Merck’s House of Cards Collapses on Its Pepcid “Nominal Price”’ Program, Pharmaceutical Crossing (March 10, 2008), located at
http://www.pharmaceuticalcrossing.com/article/index.php?id=720049
Rewards and Risks of Reporting Your Pharmaceutical Employer for Fraud, Pharmaceutical Crossing (October 15, 2007), located at http://www.pharmaceuticalcrossing.com/article/index.php?id=720017
WORLD NET DAILY COLUMN ARTICLES BY JOEL HESCH:
The following articles by Mr. Hesch are located at WorldNetDaily.com:
Psychiatrists performing miracles?, July 9, 2008
Radiologists who take more than X-rays, June 25, 2008
Achtung! German firms cheat military, June 18, 2008
Dentists who prey on children, June 11, 2008
Stealing time, stealing money, June 4, 2008
Stealing millions from veterans’ health care, May 28, 2008
Eye doctors seeing green, May 21, 2008
Is your pharmacy switching drugs?, May 14, 2008
Cheating the dying of hope, May 7, 2008
‘Free’ credit report scam, April 30, 2008
Stealing from needy kids, April 23, 2008
Red tape eliminated – fraud isn’t, April 16, 2008
How to make April 15 rewarding, April 9, 2008
Making off with millions – in wheelchairs, April 2, 2008
Million-dollar potholes, March 26, 2008
New law helps rout out fraud, March 19, 2008
Not so saintly Medicare fraud, March 12, 2008
Do drug companies suppress bad results?, March 5, 2008
3rd-hand smoking: Bad for your wallet, February 27, 2008
Ambulances as vehicles for fraud, February 20, 2008
Pepcid gives taxpayers heartburn, February 13, 2008
French firm rips off Medicaid, February 6, 2008
‘Big Dig’ boondoggle, January 30, 2008
Did defective helmets endanger lives?, January 23, 2008
The IRS wants to pay you a billion dollars, January 16, 2008
Killing consumers for the almighty dollar, January 9, 2008
Fraud-busting rewards top $2 billion, January 2, 2008
Mother lode of lies: Turning sand into gold, December 26, 2007
Drugging the elderly into silence, December 19, 2007
Sweetheart deals to oil companies, December 12, 2007
Better than winning the lottery, December 5, 2007
Endangering cops’ lives – for profit, November 28, 2007
Bank cheats government – and taxpayers, November 21, 2007
How health care fraud against kids was stopped, November 14, 2007
Why you pay $1,000 a year of other people’s taxes, November 7, 2007
Does your surgeon get kickbacks?, October 31, 2007
Want affordable health care? Start here, October 24, 2007
TV APPEARANCES:
Good Morning Virginia, Channel 13, Lynchburg, VA, October 2, 2007 (discussing Whistleblowing book)