Defending Data-Miner False Claims Act Qui Tams: The Rule 12 Motion and the DOJ Dismissal Request

Jason M. Crawford, Partner| Crowell & Moring

Jason M. Crawford defends government contractors, health care organizations, and companies in regulated industries against False Claims Act claims, from qui tam complaints and government investigations through civil litigation. He has secured dismissal of qui tam suits in federal district courts from California to New Jersey, and his enforcement work spans civil, criminal, and administrative matters. He previously served as a Trial Attorney in the Fraud Section of the U.S. Department of Justice’s Civil Division.

• Education & Credentials

Jason earned his J.D. at Georgetown University Law Center. He also holds an M.A./B.A. from Brasenose College at the University of Oxford and a B.A. from Georgetown University.
He is admitted in the District of Columbia and Virginia, and before the Supreme Court of the United States, the U.S. Court of Appeals for the Fourth Circuit, the U.S. Court of Federal Claims, and the U.S. District Courts for the District of Columbia, the Eastern District of Michigan, the Southern District of Illinois, the Eastern and Western Districts of Virginia, and the District of Connecticut.

• Recognition & Leadership

Jason is recognized by Crowell & Moring as a thought leader on False Claims Act developments. He previously served as co-leader of the firm’s FCA working group and currently co-hosts the Let’s Talk FCA podcast. He regularly speaks at industry conferences and legal programs on FCA enforcement, government contracting, and fraud investigations.

• Professional Involvement

Jason writes regularly on FCA enforcement. His articles include “Government Contracts: When It Comes to Qui Tam Cases, It’s Time to Buckle Your Seat Belt” (2024), “Let’s Talk FCA: Developments Regarding Constitutional Challenges to the Qui Tam Provisions” (2026), and he has contributed to the “Let’s Talk FCA” blog and podcast series. He has also written on FCA risk in customs enforcement, small business subcontracting, and contractor disclosure obligations.

• Experience

Jason defends government contractors, health care organizations, and regulated companies in False Claims Act investigations and litigation. A former DOJ Fraud Section Trial Attorney, he handles FCA matters from initial investigations through trial and appeal, with a strong record of securing dismissals and favorable outcomes for clients.

Mathew S. Schutzer, Special Counsel | Sheppard Mullin

Mathew S. Schutzer handles False Claims Act and healthcare litigation from the San Diego office of Sheppard Mullin. As a federal prosecutor in the U.S. Attorney’s Office for the Southern District of California, he concentrated on FCA healthcare fraud matters involving millions of dollars in potential fraud against Medicaid, Medicare, and TRICARE. Today he leads complex civil litigation for the healthcare industry and helps clients resolve disputes with government entities and private parties.

• Education & Credentials

Mat received his J.D., magna cum laude, from New York University in 2012, where he was elected to the Order of the Coif. He earned his B.A., summa cum laude, from Brandeis University in 2008 and is a member of Phi Beta Kappa. He clerked for Judge Tanya Chutkan of the U.S. District Court for the District of Columbia and for Judge Todd Edelman of the D.C. Superior Court. He is admitted in California and New York and before the U.S. District Courts for the Southern and Eastern Districts of New York, the District of Columbia, and the Northern District of California.

• Recognition & Leadership

Mat received the Assistant Attorney General’s Distinguished Service Award. At the Department of Justice’s Civil Rights Division, he led a team to a trial victory in a Title II Americans with Disabilities Act lawsuit, and the court commended the attorneys for their “admirable representation.”

• Professional Involvement

Mathew regularly publishes legal commentary on False Claims Act enforcement, healthcare fraud, and government investigations. His recent contributions include “DOJ’s FOCUS Initiative: False Claims Act Qui Tam Complaints Derived from Data Mining” (2026), “DOJ’s FCA Head Shares Enforcement Insights” (2026), and “DOJ and HHS Announce Joint False Claims Act Working Group and Enforcement Priorities” (2025). His commentary is available through Sheppard Mullin and the National Law Review.

• Experience

At the U.S. Attorney’s Office, Mat handled FCA healthcare fraud matters, often working with HHS, the Department of Defense, the FBI, and other state and federal stakeholders. Many of his Civil Rights Division matters examined how states structure and fund Medicaid services for people with disabilities. In private practice, he manages disputes over healthcare reimbursement, coverage, and regulatory issues, with particular attention to emerging federal requirements for payors and providers such as the No Surprises Act. Earlier in his career, he practiced in the New York City office of another major law firm.

Katherine McGrath, Special Counsel | Sheppard Mullin

Katherine McGrath represents clients in government investigations and enforcement actions and in complex, high-profile matters in state and federal courts. A former federal prosecutor and experienced trial lawyer, she practices in the False Claims Act, White Collar Defense and Investigations, and Litigation groups in Sheppard Mullin’s San Diego office, and she counsels clients on regulatory matters, particularly in healthcare.

• Education & Credentials

Katherine earned her J.D. at the University of California, Berkeley in 2012 and her B.A. at the University of Pennsylvania in 2006. During law school, she externed for Justice James Lambden (Ret.) of the California Court of Appeal, First District. She is admitted in California and before the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Courts for the Central, Northern, Southern, and Eastern Districts of California.

• Recognition & Leadership

During her tenure as an Assistant U.S. Attorney, Katherine served as Human Trafficking Coordinator, Elder Fraud Coordinator, and Victims’ Rights Coordinator for the Southern District of California. She is an Emeritus Director of RunWomenRun.

• Professional Involvement

Katherine is a member of the Federal Bar Association, Lawyers Club of San Diego, and San Diego Irish American Bar Association. She authored “How A Former Employee’s Privilege Against Self Incrimination Can Incriminate Your Company—And What You Can Do About It,” published in the American Health Lawyers Association’s Fraud & Abuse newsletter in December 2013.

• Experience

Katherine spent nearly a decade as an Assistant United States Attorney in the Southern District of California. There she led complex investigations that ran for years, prosecuted hundreds of cases, and tried numerous cases to verdict. Before joining the Department of Justice, she was an associate at another major law firm, where she represented large corporations in complex litigation in federal and state court.

Jessica Longoria, Associate | Crowell & Moring

Jessica Longoria represents healthcare organizations and government contractors in False Claims Act matters, handling cases from government investigations through trial. She focuses on FCA issues involving healthcare reimbursement, risk adjustment, Medicare’s Two-Midnight Rule, and the Anti-Kickback Statute. Before joining Crowell, she gained healthcare industry experience working for a large academic medical center and a major payor.

• Education & Credentials

Jessica earned her J.D., with honors, from The George Washington University Law School in 2023 and her B.A. in Political Science from the University of Michigan in 2014. She is admitted to practice in Illinois and the District of Columbia.

• Recognition & Leadership

Jessica was recognized on the 2025 D.C. Courts Pro Bono Honor Roll with High Honors, reflecting her commitment to pro bono legal service. She graduated with honors from The George Washington University Law School in 2023, demonstrating academic achievement alongside her professional dedication to healthcare regulatory and enforcement matters.

• Professional Involvement

Jessica’s professional experience includes internships with the U.S. Department of Justice’s Civil Fraud Section and the Federal Trade Commission’s Health Care Division, where she gained exposure to government enforcement and healthcare regulatory matters. Her current practice focuses on False Claims Act defense and healthcare enforcement.

• Experience

Jessica’s FCA work covers the public disclosure bar, risk adjustment, CMS’s Two-Midnight Rule, and the Anti-Kickback Statute. Before joining Crowell, she interned with the Department of Justice’s Civil Fraud Section and the Federal Trade Commission’s Health Care Division. She also brings experience from inside the health care industry, having worked at a large academic medical center and a large payor.

SESSION 1 – Moving to Dismiss a Declined Qui Tam Built From Public Government Data | Jason M. Crawford & Jessica Longoria | 12:00pm – 1:00pm

This session introduces how the FCA enforcement landscape has seen an explosion in the number of qui tam suits filed by serial relators who bring claims derived from publicly-available data from sources such as CMS and PandemicOversight.gov. The presentation will discuss how defendants can file Rule 9(b) challenges to data-mined complaints and explore potentially relevant statutory bars—i.e., the Public Disclosure Bar at § 3730(e)(4) and the First-To-File Bar at § 3730(b)(5). This session will include a close look at how courts across the country are ruling on Rule 12 motions in cases brought by data-miners.

BREAK | 1:00pm – 1:10pm

SESSION 2 – Asking DOJ to Dismiss a Declined Data-Miner Qui Tam and Negotiating the Exit | Mathew S. Schutzer & Katherine McGrath | 1:10pm – 2:10pm

You would teach a one-hour session for FCA defense counsel on asking DOJ to dismiss a declined data-miner qui tam and negotiating the relator’s exit. The hour covers the September 18, 2026 Justice Manual § 4-4.111 revision, a dismissal-request letter scored against the seven factors and the FOCUS questionnaire, sequencing against the Rule 12 motion, and walk-away terms after CalCon. Your experience making (c)(2)(A) requests and negotiating serial-relator dismissals from the defense side is the core of the program.