Derek Adams

Practice Areas

Administrative Law and Regulatory Practice

Government Contracts

Health Care

Higher Education and Research Institutions

Hotels, Leisure, and Hospitality

Investigations & White Collar Defense

Litigation

Restaurant, Wine, Beer, and Spirits

Taxation

Career

Derek Adams is a Partner in PLG's DC and New York offices focusing his practice on False Claims Act defense, white-collar matters, government investigations, and litigation. Mr. Adams has broad experience representing clients facing allegations of financial and loan fraud, health care fraud, securities fraud, and other types of fraud throughout the country. Mr. Adams helps clients respond to government subpoenas or Civil Investigative Demands, and he regularly defends clients facing Department of Justice investigations and actions.

A former trial attorney at the U.S. Department of Justice, Mr. Adams’ practice involves the representation of individuals, companies, universities, and organizations in civil, criminal, administrative, and regulatory matters related to financial transactions, health care, small business administration loans, government procurement, research and education.

Professional Memberships

American Hotel & Lodging Association

Federal Bar Association, Qui Tam Section

Member of Programming Committee, FBA Qui Tam Section

Publications

-Co-Author, “5 Ways Taxpayers Can Spot Employee Retention Credit Scams,” Law360 (March 23, 2023)

-Co-Author, Fraud Enforcement Risk Mitigation Steps for PPP Lenders, Law360, Expert Analysis (September 10, 2021)

-Co-Author, PE Settlement Illustrates New FCA Liability Theories In Play, Law360, Expert Analysis (August 3, 2021)

-Co-Author, How To Appeal If Your PPP Loan Forgiveness Request Is Denied, Mondaq (July 19, 2021)

-Author, Trio of DOJ Civil Resolutions under the Paycheck Protection Program Are Tip of the Iceberg, Mondaq (June 25, 2021)

-Co-Author, Calculating FCA Damages From PPP Fraud May Be Tricky, Law360, Expert Analysis (October 19, 2020)

-Author, Viewpoint: Leave ineligibility rules out of PPP forgiveness decisions, Washington Business Journal (October 16, 2020)

-Author, Is timekeeping for government contractors material under the False Claims Act? Westlaw today (October 5, 2020)

-Author, Paycheck Protection Program: Asserting Your Rights During Loan Forgiveness, PLI Chronicle (October 2020)

Work Highlights

Private Practice

-Represent clients in connection with loans under the Paycheck Protection Program;

-Advise clients in connection with additional COVID-19 stimulus programs, such as the Economic Injury Disaster Loan Program, the -Restaurant Revitalization Fund, the Employee Retention Tax Credit, and the Main Street Lending Program;

-Defense of health care provider against Department of Justice False Claims Act investigation;

-Conduct investigations on behalf of universities related to potential research misconduct and non-disclosure of foreign affiliations;

-Represent federally qualified health centers in litigation with state Medicaid agencies, contractual disputes, regulatory advice and other matters;

-Represent health care providers in administrative appeals from adverse Medicaid determinations;

-Bring preliminary injunction to enforce federal rights of health care providers;

-Represent covered entities in disputes related to the 340-B Program;

-Defense of financial institution against fraud matter brought by the Department of Justice under the False Claims Act and the Financial ---Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA);

-Defense of pharmacy against Department of Justice criminal health care fraud investigation;

-Represented partnership in litigation alleging breach of fiduciary duty;

-Defense of bank in securities fraud action brought by the Securities and Exchange Commission;

-Defense of fraud and breach of contract matter brought by monoline insurance company;

-Defense of fraud matter brought by shareholders in publicly traded company;

-Defense of fraud and breach of contract matter brought by investors;

-Represented health care organizations in litigation against State Medicaid departments;

-Litigated action to rescind an asset purchase agreement based on fraudulent inducement; and

-Defense of individual against civil default judgment.

Government

-Achieved FIRREA penalty of more than $2 billion related to fraud in residential mortgage-backed securities market;

-Worked on matter leading to $3 billion FIRREA penalty from a major bank in connection with its unlawful sales practices and pressure tactics that led to the creation of millions of falsified bank records in violation of 18 U.S.C. § 1005;

-Recovered millions of dollars from several physicians and a health care company for False Claims Act violations in connection with a brazen kickback scheme;

-Led loan fraud investigations related to Federal Housing Administration loans;

-Led investigations of mail fraud, wire fraud, bank fraud, small business administration fraud, and other criminal and civil frauds; and

-Led investigations under the Anti-Kickback Statute and the Stark Law.

Awards