FCA Litigation: Leveraging Statistical Sampling and Extrapolation to Prove or Disprove Liability

As a litigation and management consultant, Mr. Boedeker focuses on the application of economic, statistical, and financial models to areas such as solutions to business issues, economic impact studies, and complex litigation cases. Over the course of his 30-year career, Mr. Boedeker has provided economic, financial, and statistical consulting and expert services to clients across a wide range of industries. He has issued hundreds of expert reports and given deposition and trial testimony in state and federal courts, arbitrations, and regulatory hearings over 140 times. Mr. Boedeker’s extensive work in the healthcare, pharmaceuticals, and life sciences space, includes providing statistical and economic consulting to clients such as providers, payors, and federal, state, and local government agencies. He has experience in assisting healthcare organizations facing disputes where complex economic issues must be assessed and where complex statistical methods are necessary to answer questions of liability, over/underpayments, and damages. Mr. Boedeker has also helped clients negotiate and present statistical methodology to government agencies such as the Office of Inspector General (OIG), Centers for Medicare & Medicaid Services (CMS), and Department of Justice (DOJ) when assessing the appropriateness of claims submission and payment practices based on statistical samples. He also has coordinated statistical sampling methodology on numerous healthcare audits.

Mr. Clark is an accomplished litigator with years of experience in the federal government and subsequently in private practice. He has served as lead counsel in over 100 jury trials and handled dozens of appeals. Among other matters, Mr. Clark represents clients in complex litigation, including civil False Claims Act cases and investigations, advises clients on regulatory compliance and corporate governance matters, handles arbitration matters, and represents clients in internal investigations and trials. Before private practice, he had a distinguished government career and served as an Assistant U.S. Attorney for the Southern District of Texas, where he was selected to be a chief of its Financial Fraud Division and then was elevated to be the chief of its Criminal Division. Mr. Clark is the former Chair of the ABA's Section of Health Law and a former Chair of the White-Collar Crime Committee in the ABA Section of Business Law.