Ben Fox represents clients in litigation and investigations involving allegations of fraud and white collar crime. His civil practice concentrates on actions brought under the False Claims Act, RICO Act, Sarbanes-Oxley Act, Computer Fraud and Abuse Act, and other fraud-based private causes of action. Ben also specializes in conducting internal investigations and representing organizations during government investigations involving health care fraud, securities fraud, bankruptcy fraud, and tax fraud. 

While a majority of his practice involves defending corporations and executives accused of fraud, Ben also represents a small number of whistleblowers in False Claims Act cases. He is also a frequent writer and speaker for various professional-interest organizations and publications, such as the Georgia Institute of Continuing Legal Education (ICLE), ABA books and periodicals, Civil RICO Report and the Atlanta Business Chronicle.

Representative Work

Plaintiff cases

Represented two whistleblowers in a False Claims Act action against a global pharmaceutical company for illegal, off-label marketing of Botox for unapproved uses. The case resulted in a $600 million global civil/criminal settlement, the largest recovery in an FCA case in Georgia history and in the top 25 of all time when it was resolved. U.S. ex rel. Lang, et al. v. Allergan, Inc., Civil Action No. 1:07-cv-1288 (N.D. Ga.).                                                                            

Represented five whistleblowers in an FCA action against a nationwide nursing home chain for systemic failure of care at a local facility.  The case resulted in a $2.5 million settlement, the largest FCA recovery involving failure of care in a single skilled nursing facility at the time. U.S. ex rel.Chadwick et al. v. Life Care Centers of America, Inc. et al., 02-cv-3177 (N.D. Ga.).

Successfully defended a sizeable jury award secured by a chemical sales company in a civil RICO trial in two appeals to the Supreme Court of Georgia. In these cases, the Georgia Supreme Court recognized, for the first time, that corporations can be sued under the Georgia RICO Act and that the preponderance-of-the-evidence burden of proof applies to such claims. Williams General Corp. v. Stone, 280 Ga. 631, 632 S.E.2d 376 (2006); Williams General Corp. v. Stone, 279 Ga. 428, 614 S.E.2d 758 (2005).

Defense cases

Successfully defended a nationwide broker of SBA-backed commercial loans in an FCA action brought by a hedge fund challenging the broker’s underwriting practices.  Our client’s motion to dismiss was granted because the action was based on publicly disclosed information, and the dismissal was upheld by the Eleventh Circuit Court of Appeals. U.S. ex rel. Brickman and Greenlight Capital, Inc. v. Business Loan Express, LLC et al., 2007 WL 4553474 (N.D. Ga. 2007), aff’d, 310 Fed. Appx. 322 (11th Cir. 2009).

Successfully defended a publicly traded durable medical equipment company in an FCA action, obtaining dismissal of the action based on failure of the complaint to satisfy Fed. R. Civ. P. 9(b). The dismissal was upheld by the Eleventh Circuit Court of Appeals, and the U.S. Supreme Court denied the relator’s petition for writ of certiorari. U.S. ex rel. Corsello v. Lincare Inc., 2003 WL 25714876 (N.D. Ga. 2003), aff’d, 428 F.3d 1008 (11th Cir. 2005); cert. denied, 127 S.Ct. 42 (2006).

Defended multiple occupational therapy and rehabilitation clinics in an FCA action and succeeded in disqualifying the plaintiff’s counsel for professional misconduct.  The case was subsequently dismissed for failure to prosecute, and the dismissal was upheld by the Eleventh Circuit Court of Appeals. U.S. ex rel. Roberts-Cook v. Randall Kimball et al., No. 97-cv-847 (N.D. Ga.), aff’d, 275 F.3d 56 (11th Cir. 2001).

Honors and Awards

Georgia Local Litigation Star, Benchmark Plaintiff 2012