LITIGATION SUPPORT Daniel M. Martino, the founder of the company, possesses extensive trial experience in the federal court system. The firm can assist attorneys and their clients in a variety of ways. The company will provide objective investigative assistance in the preliminary, discovery and trial phases of your case when deemed appropriate. This assistance may include reviewing evidence, conducting analysis of records, developing investigative leads, and conducting the appropriate investigations such as locating, interviewing, and preparing witnesses. The company assists clients in evaluating damage assessments, conducting risk analyses and providing investigative assistance as the legal process proceeds. Recognizing the seriousness and sensitive nature of litigation, the firm strives to handle relationships with our clients appropriately and with the utmost confidence. Prior to accepting an investigative or consulting engagement, an internal conflict check is conducted on the parties involved in the litigation. The firm will only accept a case if it is unaware of a case conflict or in a matter where no conflict exists. In the event of an identifiable conflict, the firm may have to remove itself from the matter upon consultation with the client. QUI TAM LITIGATION SUPPORT A Qui Tam is a provision of the Federal False Claims Act that allows private individuals to file a lawsuit in the name of the United States Government charging government contractors and others who receive or use government funds. The provision primarily focuses on procurement and/or program fraud generally involving government contractors. Over the past several years, there has been a dramatic increase in Qui Tam filings originating from relators also known as "whistleblowers" alleging fraud. These cases can have a substantial monetary impact on a business and can adversely affect investor confidence. In some instances, the monetary awards available to the relator and their legal representative in a successful Qui Tam action can be very substantial, exceeding several million dollars. Generally, Qui Tam relators are former employees or business associates of the company allegedly engaged in a fraud against the government. During the past five years, the number of Qui Tams filed in connection with the health care industry has increased substantially. Qui Tam litigation can be tedious, lengthy, and, in many cases, very expensive. Substantial penalties including but not limited to monetary damages can be awarded, and Corporate Integrity Agreements can be enforced against the wrongful party in the event that the allegations are substantiated and proved, and/or a settlement is reached. During the early stages of the preliminary investigation and development of the case, it is extremely important that the facts and allegations be fully identified to indicate the existence of real evidence relating to fraudulent acts or activities. The firm can assist the client in reviewing the available evidence and statements to determine the viability of a case and provide appropriate assessments to assist the client in making their decisions. In the event of litigation, it may be necessary to conduct background checks of pertinent parties. Even when substantial evidence exists, the challenged veracity of a witness can change the complexion of a case. In cases where the government intervenes and accepts the case, it is extremely important that contact between the government and the relator and/or his representative remain intact. Companies named in a Qui Tam filing that is accepted by the government can expect costly and protracted litigation in many of these matters. A filing may require the company or alleged party to conduct an appropriate investigation to determine potential exposure in order to make decisions in the best interest of the company. SPECIAL INVESTIGATIVE UNIT ANALYSIS In most states, insurance companies are mandated to maintain Special Investigative Units (SIUs) to address fraud and abuse. In connection with their risk-analysis programs and operations, it is the SIU's responsibility to abide by the respective compliance program established for the unit. The SIU is responsible for identifying vulnerabilities, conducting appropriate investigations, and recovering losses whenever deemed appropriate. As an FBI Supervisory Special Agent, Daniel M. Martino supervised the largest health care fraud program in the FBI. Mr. Martino performed strategic planning and conducted concurrent analysis of operations to ensure that goals and objectives were met in an efficient and effective manner. During the course of his career, Mr. Martino participated in the FBI Inspection Process and evaluated the performance of other FBI offices. Mr. Martino, as your consultant, is available to perform appropriate analysis to assist the SIU in its evaluation of operations and improve efficiencies as needed. The firm is in a position to provide clients with a tailored SIU analysis plan to evaluate and improve performance.