Building a Healthcare Qui Tam Case: From Whistleblower to Recovery

Dan Fruchter, Partner | 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 “Clay” E. Wire, Partner | 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.

SESSION 1 – Building a Healthcare Qui Tam Case: From Whistleblower to Well-Pleaded Complaint | 12:00pm – 1:00pm

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.

BREAK | 1:00pm – 1:10pm

SESSION 2 – Current Developments in Healthcare Qui Tam Cases | 1:10pm – 2:10pm

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.