Host Jonathan Porter welcomes Husch Blackwell partner Todd Gee to the program to discuss why establishing a good working relationship with the Department of Justice is important and how to accomplish that while remaining a fierce advocate for your client. The conversation begins with a short recap of DOJ structure and the lines of supervision between line attorneys—assistant U.S. Attorneys and Main Justice trial attorneys—and their supervisors and what role Main Justice has, if any, in the matter. In the context of False Claims Act cases, AUSAs often enjoy wide latitude to conduct the investigation; however, there are a few inflection points, like the issuance of civil investigative demands or settlement talks, where attorneys further up the line may have more input, and these in turn are decision points in time for defense counsel to consider.

Jonathan and Todd also discuss the importance of understanding why DOJ attorneys move aggressively on some matters while allowing others to languish. The conversation includes some key practical tips for how to work with line attorneys at DOJ, and at the top of the list is personal comportment—don’t be a jerk!—when dealing with DOJ. Additionally, storytelling and providing DOJ with important context can help shape line attorneys’ points of view in handling FCA investigations where nuance and complexity reign supreme. 

Jonathan and Todd also take on instances of needing to elevate an issue over the head of line attorneys to the supervisor level. As one can imagine, this decision is fraught with risk, as mishandling a supervisor meeting can ruin relationships and make it harder to secure favorable settlements or case dispositions. One solid tip for practitioners: never appeal above the line attorney’s head without letting him or her know ahead of time in a respectful manner. An appropriately delicate touch is needed when appealing investigative decisions; former DOJ personnel often understand the tact required and the processes involved. There are often solid reasons for appealing investigative decisions; however, the way it is done can be hugely impactful.

Jonathan Porter | Full Biography

Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white-collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.

Todd Gee | Full Biography

Based in Washington, Todd is a former United States Attorney and experienced trial lawyer, representing businesses and individuals in connection with a range of criminal and civil matters, including government and internal investigations, litigation, and regulatory compliance. With years of experience as a federal prosecutor and counsel to a congressional committee, Todd is well-positioned to help clients navigate high-stakes and sensitive issues. He specializes in guiding clients through multifaceted investigations involving overlapping risks posed by criminal investigators, civil litigants, regulatory agencies, or congressional inquiries.