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Building a Healthcare Qui Tam Case: From Whistleblower to Recovery

Most healthcare qui tam cases are won or lost before the seal lifts. Vet relator candidates, clear the public disclosure bar, plead FCA claims under Rule 9(b), and build falsity theories that hold up after SuperValu.

2026-09-21 12:00:00

Program Details

2026-09-21 12:00:00

2026-09-21 12:00:00

2h CLE Credits

2026-09-21 12:00:00

Program Details

2026-09-21 12:00:00

Program Details

2026-09-21 12:00:00

Over 1,000+ webinars

2026-09-21 12:00:00

Course Overview

A Declined Case Now Faces a Constitutional Challenge, Not Just a Motion to Dismiss

2026-09-21 12:00:00

Healthcare qui tam practice no longer turns on pleading alone. SuperValu moved scienter to what the defendant actually believed. The circuits split on whether AKS-tainted claims require but-for causation. And the constitutionality of the qui tam provisions themselves is now live.

Miss the public disclosure bar and the case ends before the government reads it. Plead below Rule 9(b) particularity and the complaint draws a dismissal motion instead of an investigation. Violate the seal and the filing itself becomes the problem. Misread enforcement priorities and the government declines.

You leave with a relator-vetting and pre-filing diligence framework, a Rule 9(b) pleading approach for healthcare claims, and a working model for structuring falsity theories, reading current Medicaid enforcement priorities, and defending a case the government declines.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Relator Vetting and Diligence
Screen whistleblower candidates for credibility and document risk, then run the pre-filing diligence that decides whether the case is worth bringing.
02
Public Disclosure Bar
Test insider knowledge against the public disclosure bar and original source doctrine before the defense does it for you.
03
Pleading and Seal Compliance
Plead healthcare FCA claims at the particularity Rule 9(b) demands and meet seal requirements so the filing itself never becomes the issue.
04
FCA Elements and Scienter
Work the healthcare FCA elements through the post-SuperValu subjective scienter framework and what it changes at trial.
05
Causation and Materiality
Choose a causation theory that survives the AKS circuit split and preempt materiality arguments built on government and defendant knowledge.
06
Enforcement and Constitutional Risk
Read the government’s current Medicaid and healthcare enforcement priorities and position a declined case against the live constitutional challenge to qui tam.

Program schedule

clock 12:00 pm - 1:00 pm EST

Building a Healthcare Qui Tam Case: From Whistleblower to Well-Pleaded Complaint

This session walks relator counsel through the pre-suit lifecycle of a Medicare/Medicaid fraud qui tam action, from evaluating potential whistleblowers to preparing a complaint that can jump-start the government’s investigation and ultimately stand on its own when it needs to. Attendees will learn practical strategies for assessing relator credibility, conducting pre-filing diligence, navigating procedural hurdles, and developing a litigation-ready case. The discussion will also examine recent developments shaping False Claims Act litigation, including pleading standards, government priorities, and other emerging legal and practical issues affecting qui tam practice.

Daniel FruchterDaniel Fruchter
clock 1:10 pm - 2:10 pm EST

Current Developments in Healthcare Qui Tam Cases

This session covers the substantive legal elements that determine whether a healthcare fraud qui tam case succeeds at trial and what the relator ultimately recovers. Attorneys will work through the post-SuperValu scienter framework, the AKS-based causation circuit split, the materiality defense, and the government’s recent focus on Medicaid fraud. Attendees leave with a working model for structuring falsity theories, determining enforcement priorities, and anticipating the constitutional threats now facing declined qui tam cases.

Clayton E. WireClayton E. Wire
Daniel Fruchter

Daniel Fruchter

Singleton Schreiber

Clayton E. Wire

Clayton E. Wire

Ogborn Mihm LLP

Daniel Fruchter

Daniel Fruchter

Singleton Schreiber

Daniel “Dan” Fruchter is a partner in Singleton Schreiber’s Spokane office and managing partner of the firm’s nationwide Whistleblower and False Claims Act practice group. He represents whistleblowers in False Claims Act and fraud matters involving health care, government contracts, grants, mortgage lending, cybersecurity, and other public programs. Before entering private practice, he spent nearly two decades with the U.S. Department of Justice and U.S. Attorney’s Offices, prosecuting False Claims Act, health care fraud, environmental, civil rights, and consumer protection matters. His cases have recovered billions of dollars for the public and protected programs including Medicare, Medicaid, SNAP, veterans benefits, and federal environmental programs.

Education & Credentials

Mr. Fruchter earned his J.D. from the University of Maryland School of Law and his B.A. in Environmental Science and English, magna cum laude, from Tulane University. He is admitted in Washington, New York, Wisconsin, and Oregon, as well as several federal district and appellate courts.

Recognition & Leadership

Mr. Fruchter has received numerous awards for his government fraud and False Claims Act work, including the Samuel J. Heyman Service to America Medal, the Attorney General’s Award for Fraud Prevention, the Anti-Fraud Coalition’s “Honest Abe” Integrity in Government Award, and multiple Department of Justice, Department of Energy, and federal inspector general awards. He previously served as Chief of the Fraud and White-Collar Crime Unit at the U.S. Attorney’s Office for the Eastern District of Washington.

Professional Involvement

Mr. Fruchter serves on the Advisory Board and Membership Committee of the Federal Bar Association’s Qui Tam Section and is a member of the Washington Association for Justice, The Anti-Fraud Coalition, and the American Association for Justice. He regularly teaches and speaks on False Claims Act, whistleblower, and health care fraud issues for organizations including the Federal Bar Association, American Bar Association, and Anti-Fraud Coalition.

Experience

From 2017 to 2025, Mr. Fruchter served as Chief of the Fraud and White-Collar Crime Unit at the U.S. Attorney’s Office for the Eastern District of Washington, where he handled civil and criminal fraud, False Claims Act, health care fraud, environmental, civil rights, and consumer protection matters. Earlier in his career, he served as an Assistant U.S. Attorney and Health Care Fraud Coordinator and as a Trial Attorney in the DOJ Civil Division’s Fraud Section. At Singleton Schreiber, he now leads the firm’s national whistleblower and False Claims Act practice.
Clayton E. Wire

Clayton E. Wire

Ogborn Mihm LLP

Clayton “Clay” E. Wire is a partner at Ogborn Mihm LLP in Denver and a trial lawyer focused on whistleblower, qui tam, employment, and commercial litigation. He represents whistleblowers in False Claims Act matters and retaliation claims, including cases involving health care fraud, the Anti-Kickback Statute, Stark Law, Sarbanes-Oxley, and other federal protections. His broader practice includes employment disputes, business torts, contract litigation, and appellate matters.

Education & Credentials

Mr. Wire earned his J.D. from the University of Denver Sturm College of Law, where he was recognized in the Order of St. Ives, and his B.A. in Editorial Journalism and Political Science from Colorado State University. He is admitted to practice in Colorado and California and before the U.S. District Court for the District of New Mexico.

Recognition & Leadership

Mr. Wire was named the 2018 Barristers Best plaintiff-side employment lawyer and his team received the 2018 Plaintiffs Employment Lawyers Association Case of the Year. He has held leadership positions in the Colorado Bar Association, Colorado Trial Lawyers Association, and Colorado Plaintiffs Employment Lawyers Association, including serving as Co-Chair of the Colorado Trial Lawyers Association’s Employment Law Section.

Professional Involvement

Mr. Wire is a member of the Colorado Trial Lawyers Association, Plaintiffs Employment Lawyers Association, National Employment Lawyers Association, Colorado Bar Association, Denver Bar Association, and American Association for Justice. He has also been actively involved in continuing legal education and legislative efforts concerning plaintiff-side employment and whistleblower law.

Experience

Mr. Wire has represented relators in False Claims Act cases involving Medicare and Medicaid reimbursement, government-backed mortgage fraud, and health care fraud, as well as employees alleging retaliation for reporting federal violations. His appellate work includes Genberg v. Porter, a precedent-setting Tenth Circuit decision that broadened protections for corporate whistleblowers under Sarbanes-Oxley. His broader trial record includes a $1.2 million jury verdict in a contract and employment dispute and a $3.5 million settlement in a civil rights case against the City of Lakewood Police Department.
Daniel Fruchter

Daniel Fruchter

Singleton Schreiber

Daniel “Dan” Fruchter is a partner in Singleton Schreiber’s Spokane office and managing partner of the firm’s nationwide Whistleblower and False Claims Act practice group. He represents whistleblowers in False Claims Act and fraud matters involving health care, government contracts, grants, mortgage lending, cybersecurity, and other public programs. Before entering private practice, he spent nearly two decades with the U.S. Department of Justice and U.S. Attorney’s Offices, prosecuting False Claims Act, health care fraud, environmental, civil rights, and consumer protection matters. His cases have recovered billions of dollars for the public and protected programs including Medicare, Medicaid, SNAP, veterans benefits, and federal environmental programs.

Education & Credentials

Mr. Fruchter earned his J.D. from the University of Maryland School of Law and his B.A. in Environmental Science and English, magna cum laude, from Tulane University. He is admitted in Washington, New York, Wisconsin, and Oregon, as well as several federal district and appellate courts.

Recognition & Leadership

Mr. Fruchter has received numerous awards for his government fraud and False Claims Act work, including the Samuel J. Heyman Service to America Medal, the Attorney General’s Award for Fraud Prevention, the Anti-Fraud Coalition’s “Honest Abe” Integrity in Government Award, and multiple Department of Justice, Department of Energy, and federal inspector general awards. He previously served as Chief of the Fraud and White-Collar Crime Unit at the U.S. Attorney’s Office for the Eastern District of Washington.

Professional Involvement

Mr. Fruchter serves on the Advisory Board and Membership Committee of the Federal Bar Association’s Qui Tam Section and is a member of the Washington Association for Justice, The Anti-Fraud Coalition, and the American Association for Justice. He regularly teaches and speaks on False Claims Act, whistleblower, and health care fraud issues for organizations including the Federal Bar Association, American Bar Association, and Anti-Fraud Coalition.

Experience

From 2017 to 2025, Mr. Fruchter served as Chief of the Fraud and White-Collar Crime Unit at the U.S. Attorney’s Office for the Eastern District of Washington, where he handled civil and criminal fraud, False Claims Act, health care fraud, environmental, civil rights, and consumer protection matters. Earlier in his career, he served as an Assistant U.S. Attorney and Health Care Fraud Coordinator and as a Trial Attorney in the DOJ Civil Division’s Fraud Section. At Singleton Schreiber, he now leads the firm’s national whistleblower and False Claims Act practice.
Clayton E. Wire

Clayton E. Wire

Ogborn Mihm LLP

Clayton “Clay” E. Wire is a partner at Ogborn Mihm LLP in Denver and a trial lawyer focused on whistleblower, qui tam, employment, and commercial litigation. He represents whistleblowers in False Claims Act matters and retaliation claims, including cases involving health care fraud, the Anti-Kickback Statute, Stark Law, Sarbanes-Oxley, and other federal protections. His broader practice includes employment disputes, business torts, contract litigation, and appellate matters.

Education & Credentials

Mr. Wire earned his J.D. from the University of Denver Sturm College of Law, where he was recognized in the Order of St. Ives, and his B.A. in Editorial Journalism and Political Science from Colorado State University. He is admitted to practice in Colorado and California and before the U.S. District Court for the District of New Mexico.

Recognition & Leadership

Mr. Wire was named the 2018 Barristers Best plaintiff-side employment lawyer and his team received the 2018 Plaintiffs Employment Lawyers Association Case of the Year. He has held leadership positions in the Colorado Bar Association, Colorado Trial Lawyers Association, and Colorado Plaintiffs Employment Lawyers Association, including serving as Co-Chair of the Colorado Trial Lawyers Association’s Employment Law Section.

Professional Involvement

Mr. Wire is a member of the Colorado Trial Lawyers Association, Plaintiffs Employment Lawyers Association, National Employment Lawyers Association, Colorado Bar Association, Denver Bar Association, and American Association for Justice. He has also been actively involved in continuing legal education and legislative efforts concerning plaintiff-side employment and whistleblower law.

Experience

Mr. Wire has represented relators in False Claims Act cases involving Medicare and Medicaid reimbursement, government-backed mortgage fraud, and health care fraud, as well as employees alleging retaliation for reporting federal violations. His appellate work includes Genberg v. Porter, a precedent-setting Tenth Circuit decision that broadened protections for corporate whistleblowers under Sarbanes-Oxley. His broader trial record includes a $1.2 million jury verdict in a contract and employment dispute and a $3.5 million settlement in a civil rights case against the City of Lakewood Police Department.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Approved
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs