Kimberly Friday’s practice focuses on False Claims Act cases (relator and defense), internal investigations, and civil litigation. Kim spent ten years investigating, litigating, and resolving False Claims Act matters on behalf of the federal government, first at the Department of Justice’s Civil Fraud Section in Washington, D.C., and later as an Assistant United States Attorney in the Northern District of California, in San Francisco. As the Deputy Chief of the Civil Division in the Northern District of California, Kim led the office’s civil enforcement group, handling and supervising a wide range of matters involving healthcare fraud, financial fraud, and procurement fraud. Kim began her legal career at a leading Am Law 50 law firm, representing clients in high-stakes litigation and internal investigations involving allegations of criminal and civil securities fraud, breach of contract, and violation of the False Claims Act.
Representative Matters
U.S. v. Wells Fargo Corporation (N.D. Cal. 2018): $2.09 billion settlement for violations of the Financial Institutions Reform, Recovery and Enforcement Act based on the bank’s alleged origination and sale of residential mortgage loans with misrepresented borrower income.
U.S. v. Sutter Health (N.D. Cal. 2019): $30 million settlement to resolve allegations that company received overpayments from Medicare due to the submission of inaccurate information about the health status of beneficiaries enrolled in Medicare Advantage Plans.
U.S. ex rel. Hayes v. Covidien (N.D. Cal. 2019): $17.5 million settlement to resolve allegations that company violated the Anti-Kickback Statute through market development and program development assistance to healthcare providers.
U.S. ex rel. West v. Skilled Healthcare (N.D. Cal. 2017): Settlement to resolve allegations of medically unnecessary and grossly substandard care at skilled nursing facilities. Settlement obtained as part of a global settlement of $53.6 million with the company.
U.S. v. Sprint Communications (N.D. Cal. 2015): $15.5 million settlement in an action alleging that Sprint overcharged the federal government for performing court-ordered wiretaps.
U.S. ex rel. Fragoules v. Daiichi Sankyo, et al. (D. Mass. 2015): $39 million settlement in health care fraud case alleging violations of the Anti-Kickback Statute.
U.S. ex rel. Heesch v. Diagnostic Physicians Group, P.C., et al. (S.D. Ala. 2014): $24.5 million settlement to resolve allegations of Stark Law and Anti-Kickback Statute violations.
U.S. ex rel. Strom v. Scios and Johnson & Johnson (N.D. Cal. 2013): Settlement of health care fraud litigation alleging off-label marketing of a drug. Settlement obtained as part of a global settlement of $2.2 billion with the company.
Department of Health and Human Services Office of the Inspector General, Office of Investigations, recognition for leadership in the fight against health care fraud, 2019
Drug Enforcement Administration recognition for prosecution of individuals violating the Controlled Substances Act, 2019
Attorney General’s Award for Fraud Prevention, 2014
Panelist, American Bar Association, Virtual Civil False Claims Act and Qui Tam Enforcement Institute, Loan & Grant Fraud Panel, December 4, 2020
Panelist, Federal Bar Association, How U.S. Attorney's Offices and “Main Justice” Cooperate on FCA Cases - PART 2, FBA Qui Tam Section, October 26, 2020.
Panelist, Federal Bar Association, How U.S. Attorney's Offices and "Main Justice" Cooperate on FCA Cases — and Best Practices for Working with Both, FBA Qui Tam Section, October 14, 2020.
Podcast, Public Disclosure: Good Faith and Bad Intent, April 2020
Speaker, “Discussing DOJ Civil Enforcement and False Claims Act Strategy - Initiation through Intervention,” Practising Law Institute (PLI), October 2019
Speaker, “Discussing DOJ Civil Enforcement and False Claims Act Strategy - Intervention through Trial,” Practising Law Institute (PLI), October 2019
Speaker, “Discussing DOJ Civil Enforcement and False Claims Act Strategy - Settlement and Damages,” Practising Law Institute (PLI), October 2019
