Sara McLean

Partner

Areas of Focus

Sara McLean

Partner

smclean@akingump.com

Areas of Focus

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Biography
  • Represents clients facing False Claims Act and civil fraud investigations and litigation, bringing to bear more than twenty-five years of DOJ enforcement experience.
  • As Assistant Director in the DOJ’s Civil Division, Commercial Litigation Branch (Fraud Section), guided DOJ False Claims Act enforcement efforts nationwide and supervised nearly five hundred civil fraud cases.
  • As a Fraud Section Trial Attorney, handled dozens of False Claims Act and other fraud investigations, settlements and litigations. 
  • Experience includes fraud claims involving health care (such as Stark Law and Anti-Kickback Act compliance), cybersecurity and data privacy, government contracts and grants, energy, mortgage fraud, education and trade.

Sara uses her decades of DOJ experience to provide compliance counseling and representation to clients facing False Claims Act (FCA) and other civil fraud issues, investigations and litigation. She offers her deep knowledge of the law and the government’s approach to these cases to help clients avoid risks and navigate these matters to a favorable result, whether that be a declination or dismissal by DOJ of a qui tam complaint filed under the FCA’s whistleblower provisions, a self-disclosure, a settlement or a win in litigation.

Prior to joining Akin, Sara worked in the Civil Fraud Section at DOJ, which leads nationwide civil fraud enforcement, as Assistant Director for sixteen years and Trial Attorney for ten years. She handled and supervised all aspects of FCA and civil fraud investigations.

Sara negotiated and oversaw scores of settlements and won victories at every phase of litigation, including summary judgment, trial and appeal, securing approximately $2 billion in recoveries. She trained DOJ attorneys on settlement and developed language used in DOJ settlement agreements. 

Her DOJ civil fraud practice ran the gamut of government programs and agencies. One focus was health care fraud matters, including alleged Stark Law and Anti-Kickback Act violations and other alleged overbilling. She led DOJ’s civil cyber-fraud enforcement efforts involving data privacy and other alleged cybersecurity violations. She handled and supervised matters alleging contract and grant fraud, mineral royalty underpayments and mortgage fraud, as well as claims against universities and for trade-related violations.

Sara began her legal career as a law clerk for the Honorable John W. Bissell in the U.S. District Court for the District of New Jersey.

Representative Work
  • Cybersecurity and Data Privacy: Oversaw investigations and negotiations that led to eleven False Claims Act cyber-fraud settlements, including with three Fortune 100 companies. Allegations concerned violations of government cybersecurity requirements with respect to sensitive health/personal information or sensitive Department of Defense and other government information. Several settlements gave credit under DOJ policy on self-disclosure, cooperation, and remediation.
  • Stark Law and Anti-Kickback Act: Won summary judgment on False Claims Act and common law claims against a home health company accused of Stark Law violations. Supervised other False Claims Act litigations over alleged Anti-Kickback Act violations. These included litigation against a national diabetic supplier that settled for $160 million and litigation over alleged kickbacks for laboratory referrals that led to $59 million in settlements with over 50 physicians. 
  • Education: Won a jury verdict for the government against a prominent university in litigation over alleged misuse of foreign aid funds. Settled with all parties for $33 million. 
  • Government Contracts and Grants: Handled and supervised investigations, litigation, and hundreds of millions of dollars in settlements with leading IT contractors over alleged overcharges on General Services Administration multiple award schedule contracts.    
  • Energy: Negotiated over $300 million in settlements with major oil companies in litigation over alleged underpayment of natural gas royalties.   

List includes matters worked on prior to joining Akin.

Education
  • J.D., Yale Law School, 1997

  • A.B., Princeton University, summa cum laude, 1993

Bar Admissions
  • District of Columbia

  • New York

Recognitions
  • Department of Justice, Civil Division, Award for Dedicated Service, 2019.
  • Department of Justice, Special Commendations for Outstanding Service in the Civil Division, 2025, 2018, 2017, 2014, 2009, 2007, 2005.
  • Counsel of the Inspectors General on Integrity and Efficiency, 2024, 2017, 2016.
  • Department of Justice, Civil Rights Division, Certificate of Commendation, 2016.
  • General Services Administration Office of Inspector General Award, 2012, 2014.
  • FBI Award, 2010.
  • Department of Health and Human Services Inspector General’s Integrity Award, 2009.
  • President’s Council on Integrity and Efficiency, 2006.
Affiliations and Public Service
  • Assistant Director, U.S. Department of Justice, Civil Division, Commercial Litigation Branch (Fraud Section), 2010-2025.
  • Trial Attorney, U.S. Department of Justice, Civil Division, Commercial Litigation Branch (Fraud Section), 1999-2010.
  • Co-Chair, American Bar Association, False Claims Act & Qui Tam Enforcement Institute, since 2018.
Speeches and Publications
  • Panelist, “Fireside Chat on Government Enforcement,” University of Maryland Medical System 3rd Annual Compliance & Governance Summit, September 18, 2025.
  • Moderator, “Hard Won Wisdom: FCA Pitfalls and Best Practices Cybersecurity Fraud Cases,” 2025 Federal Bar Association Qui Tam Section Annual Conference, February 20, 2025.
  • Panelist, “Protecting DoD CUI, Department of Justice Civil Cyber-Fraud Enforcement,” Department of Defense Cybersecurity and Special Access Program Information Technology Summit, February 12, 2025.
  • Moderator, “Mediation: Rabbit Trail, or the End of the Rainbow? Experienced FCA Mediators Discuss the Ins and Outs of These Secret Proceedings,” ABA False Claims Act & Qui Tam Enforcement Institute, June 4, 2024.
  • Panelist, “Civil Cyber-Fraud Initiative,” National Defense Industrial Association Cyber Division Conference, November 14, 2024.
  • Panelist, “The DOJ’s Civil Cyber-Fraud Initiative Three Years Later,” FBA Qui Tam Section, October 23, 2024.
  • Panelist, “The Black, White, and Grey of Cybersecurity Compliance,” The Coalition for Government Procurement Cyber Symposium, The Cyber Side Chat, September 12, 2024.
  • Panelist, “Recent Developments in Cybersecurity: On the Front Lines,” ABA Federal Procurement Institute, March 8, 2024.
  • Panelist, “Cybersecurity and Data Privacy,” Pub K’s Government Contracts Annual Review, February 13, 2024.
  • Panelist “Continued Government Payment in False Claims Act Cases,” FBA Qui Tam Section, December 6, 2023.
  • Panelist, “Privacy and Security: A Practical Approach to Addressing Data Trends,” New York City Bar Association Compliance Institute Panel, October 24, 2023.
  • Panelist, “False Claims Act Litigation Update,” American Health Law Association Annual Meeting, June 26, 2023.
  • Panelist, “Best Practices Forum: DOJ Policy Developments for Government Contractors,” Defense Industry Initiative 2023, June 7, 2023.
  • Panelist, “False Claims Act 2023 – Already a Litigation Minefield but Now With a Cyber Security Overlay,” International Association of Defense Counsel, January 23, 2023.
  • Moderator, “FCA Perspectives: What You Should Know from Relators' Counsel,” ABA Virtual Civil False Claims Act and Qui Tam Enforcement Institute, September 12-14, 2022.
  • Panelist, Intelligence and National Security Alliance Legal Roundtable, Civil Cyber-Fraud Initiative, April 22, 2022.
  • Speaker, “How The False Claims Act is Being Used to Combat Cybersecurity Fraud (taf.org),” Taxpayers Against Fraud, Fraud In America Podcast, March 9, 2022.
  • Panelist, Cybersecurity Legal Task Force, DOJ Civil Cyber-Fraud Initiative Mid-Year Meeting, February 4, 2022.
  • Panelist, “DOJ’s New Civil Cyber-Fraud Initiative: Government and Relator Perspectives,” Jointly sponsored by the ABA Public Contract Section Procurement Fraud and False Claims Committee and Cybersecurity, Privacy & Data Protection Committee, November 9, 2021.
  • Panelist, “Settling and Mediating False Claims Act Cases,” HCCA, Healthcare Enforcement Compliance Conference, November 8, 2021.
  • Panelist, “DOJ's Enforcement Focus on Cybersecurity Deficiencies of Federal Contractors,” Program on Corporate Compliance and Enforcement, NYU School of Law, The Next Wave of Corporate Enforcement Conference, November 5, 2021.
  • Panelist, “Updates on the Civil False Claims Act & Whistleblower Protections,” Women Power Influence and the Law Conference, October 8, 2021.
  • Panelist, “The FCA’s Role in Government Insured Mortgage Programs,” FBA Qui Tam Section, May 25, 2021.
  • Panelist, “Perspectives on ADR Claims Involving the United States,” International Institute for Conflict Prevention & Resolution (CPR), April 23, 2021.
  • Panelist, “Combatting Fraud in Government Procurement, Stakeholder Perspectives on False Claims Act Enforcement and Compliance” George Washington University Law School, January 25, 2021.
  • Panelist, “Settling an FCA Case,” ABA’s False Claims Act & Qui Tam Enforcement Institute, December 3, 2020.
  • Presenter, “FCA 101,” ABA’s False Claims Act & Qui Tam Enforcement Institute, June 13, 2018.
  • Panelist, “FCA Enforcement in Procurement and Non-Traditional Areas,” ABA’s False Claims Act & Qui Tam Enforcement Institute, June 8-10, 2016.
  • Panelist, “Enforcement Trends and Compliance: Hospice and Home Health, Health Care Compliance Association,” Second Annual Healthcare Enforcement Compliance Institute, October 25, 2016.
  • Panelist, “Truth-Telling, Cover-Up, or Catch 22? Internal Investigations and Reverse False Claims Act Implications,” American Health Lawyers Association Fraud and Compliance Forum, September 28-29, 2015.
  • Panelist, “What’s the Damage? Assessing the Value of Your FCA Case,” Fall 2013 Taxpayers Against Fraud Conference, 2013.
  • Panelist, “A New Practitioner’s Guide to the Federal False Claims Act, Brave New World, Recent Developments in Federal and State False Claims Act Litigation,” ABA Section on Litigation Annual Conference, April 19, 2012.
  • Panelist, “Recent Developments on Damages and Penalties,” ABA’s False Claims Act & Qui Tam Enforcement Institute, June 3, 2010.

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