Curriculum Vitae of Joel D. Hesch

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

National ABA Placement:
-2d 2015 and 5th in World (representing U.S.A.)
-5th 2007
-10th 2008
-13th in 2012
-16th in 2008 and 2010
-17th in 2007
-20th in 2009
-22nd in 2009
National Basketball Association Competitions:
-Winner in 2014, 3rd in 2015
National Entertainment Law Competition:
-Winner 2010 and 2011; 4th place 2015
National Environmental Law Competition:
-Winner 2007; 3rd in 2008 and 2014
Regional ABA Placement:
-Winner in 2007, 2008, and 2009
-Runner-up in 2010, 2012, 2015
-4th place 2012, 2015
-5th place 2011, 2012, 2013, 2014, 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, 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:

Restating the ‘Original Source Exception’ to the False Claims Act’s ‘Public Disclosure Bar’ in light of the 2010 Amendments, University of Richmond L. Rev. (May 2017)

IT TAKES TIME: THE NEED TO EXTEND THE SEAL PERIOD FOR QUI TAM COMPLAINTS FILED UNDER THE FALSE CLAIMS ACT, 38 SEATTLE L. REV. 901 (2015)

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 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)

BREAKING THE SIEGE: RESTORING EQUITY AND STATUTORY INTENT TO THE PROCESS OF DETERMINING QUI TAM RELATOR AWARDS UNDER THE FALSE CLAIMS ACT, 29 Thomas M. Cooley Law Review 218 (2012) http://www.cooley.edu/lawreview/_docs/2012/vol29/2/Hesch.pdf

WHISTLEBLOWER RIGHTS AND PROTECTIONS: CRITIQUING FEDERAL WHISTLEBLOWER LAWS AND RECOMMENDING FILLING IN MISSING PIECES TO FORM A BEAUTIFUL PATCHWORK QUILT,6 Liberty Univ. Law Review 51 (Fall 2011)

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 in a party brief before the 9th Circuit Court of Appeals in U.S. v. Planned Parenthood, cited in an amicus brief before the U.S Supreme Court in Graham County v. U.S., docket No. 08-304)

Restating the “Original Source Exception” to the False Claims Act’s “Public Disclosure Bar,” Liberty Univ. Law Review, Vol. 1:111 (Inaugural Edition 2006) (cited by a district court opinion U.S. ex rel. Pallares v. Samir Itani, et al., S.D. Tex. July 6, 2010; cited five times in amicus briefs before the U.S. Supreme Court in Rockwell v. United States, 127 S. Ct. 1397 (2007))

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:
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)