(L to R) Elaine Stromgren, Susan Gouinlock, Sean Keefe, Kristen Folding
James Hoyer partner Elaine Stromgren had the honor of leading a panel on statistical sampling at this year’s annual Taxpayers Against Fraud conference in Washington D.C. Statistical sampling can be an essential tool in False Claims Act cases, especially when the fraud is too widespread to prove each false claim on an individual basis.
Elaine was able to successfully use statistical sampling to aid in settling the recent Prime Healthcare case for $65 million. She proposed the topic for this year’s conference and worked to assemble stellar panel members to share their expertise.
The distinguished panelists included attorney Susan Gouinlock, co-counsel in the Prime Healthcare Case, Assistant U.S. Attorney Sean Keefe (former James Hoyer partner), and statistics expert Kristen Folding of Amenity Consulting.
The panel discussed important aspects of statistical sampling to help relators’ counsel understand the basic concepts involved in developing an effective and reliable statistical sampling plan. They also tackled tough issues like aggressive challenges by defendants who have attacked sampling as a method to prove liability. Attendees learned ways to overcome legal challenges to sampling and extrapolation.
As always, this panel and others at this year’s TAF conference provided a wonderful forum to share ideas and help fellow attorneys in our efforts to represent whistleblowers and fight fraud against the government.