Michelle Tupper Butler

Experience

Defended a Client against Allegations of Violating the False Claims Act and Anti-Kickback Act

Mrs. Tupper Butler served as part of the defense team when a global technology firm faced allegations of violating the False Claims Act and Anti-Kickback Act in connection with multiple contracts with the federal government. She took responsibility for the second-largest contract in the case, managing all discovery, conducting and defending depositions, authoring motions relating to discovery and for summary judgment, and participating in settlement discussions with the U.S. Department of Justice and relators’ counsel. She also worked closely with several retained experts in preparing the expert report and took responsibility for preparing daily reports on the activities and status of all of the contracts in the case. The case was ultimately settled, resulting in significant financial savings for the client.

Defended a Technology and Manufacturing Company During an Investigation into Alleged False Claims Act Violations Involving the Client’s GSA Schedule Contract

Mrs. Tupper Butler counseled a leading technology and manufacturing company throughout a complicated government investigation of alleged False Claims Act violations related to the client’s GSA Schedule Contract filed by a whistleblower under seal. As the lead associate in the matter, she managed the collection, review and production of data and documents in response to the government’s Civil Investigation Demand, responded to interrogatories, drafted the matter’s budget, and prepared materials to support settlement efforts. Ultimately, the government declined to intervene in the case and the whistleblower voluntarily dismissed all complaints.

Represented a Client Accused of Fraud and Violating the False Claims Act

Mrs. Tupper Butler served as the sole associate on a team that defended a federal agency accused of fraud and violating the False Claims Act. She was responsible for drafting all pleadings, including motions to dismiss and for summary judgment. She also researched and drafted the answer and counterclaim, responded to discovery requests, and prepared depositions. The team achieved a total victory for the client on summary judgment by securing dismissal of all claims against it while a counterclaim on behalf of the client against the whistleblower survived.

Conditional Release Hearing of John Hinckley

Mrs. Tupper Butler served as the second chair in representing John Hinckley during his most recent conditional release hearing in federal court that spanned several weeks in late 2011 and early 2012. Hinckley was found not guilty by reason of insanity in the 1981 attempted assassination of President Ronald Reagan, and to the hospital where he was committed in Washington sought expansion of his conditional release visits and convalescent leave. Ms. Tupper Butler prepared evidentiary arguments, analyzed Secret Service surveillance reports and prepared cross-examination of Secret Service agents, analyzed expert reports and prepared expert examination, and assisted in all aspects of the hearing. The court granted the hospital’s petition for expanded release in part.