including defense and plaintiff representations in large, complex cases under the Federal False Claims Act (“FCA”), 31 U.S.C. §§ 3729–3733, involving employee termination for detecting and reporting Medicare/Medicaid fraud, and several publicized cases under New Mexico Whistleblower Protection Act (“NMWPA”), NMSA § 10-16C-1 et seq., involving public employees terminated for detecting and reporting embezzlement of municipal funds, misuse and misappropriation of legislatively-earmarked funds, sex discrimination, and violations of the New Mexico Human Rights Act (“NMHRA”), NMSA § 28-1-1 et seq., and New Mexico Fair Pay for Women Act (“NMFPWA”), NMSA § 28-23-1 et seq.
including multiple sealed proceedings on qui tam claims of Medicare/Medicaid fraud and investigations through resources of the Centers for Medicare & Medicaid Services, CMS, part of the United States Department of Health and Human Services (HHS).
Corporate Fraud, Theft, and Embezzlement
including unfair competition and assumed business identity. Mr. Howell has investigated several instances of rogue insiders (officers and employees) attempting to divert funds, accounts, and opportunities to competitors through multi-state networks of affiliated and layered corporate entities. He is familiar with methods and phases of – as well as computer-forensics and state-corporations resources to trace and to prove – such schemes. He has brought civil enforcement actions on corresponding claims, including for Temporary Restraining Order, Preliminary Injunction, Permanent Injunction, in Contract, Civil Conspiracy, breach of Duty of Loyalty, Tortious Interference with Contract, enforcement of Non-Compete, Non-Solicit, and Non-Disclosure Agreements, and under the New Mexico Uniform Trade Secrets Act (“NMUTSA”), NMSA § 57-3A-1 et seq., and the New Mexico Unfair Practices Act (“NMUPA”), NMSA § 57-12-1 et seq. He also collaborates with criminal defense counsel in such matters to protect clients’ broad interests.