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In Texas, Two Freed Men Target Those Who Put Them Away

Thirteen years after being convicted of a killing they say they didn't commit--and three years after the Texas Court of Criminal Appeals vacated their convictions--Jesus Ramirez and Alberto Sifuentes are back before a jury this week. This time around, though, the two men are on the offensive.

Ramirez and Sifuentes are plaintiffs in a civil rights case filed against a variety of individuals and entities that they blame for their wrongful convictions. The two men are represented in the matter, which went to trial Monday in Lubbock federal district court, by the same Haynes and Boone lawyers who helped free them from prison after 12 years. >>



Recent Publications

DOJ Report Emphasizes Continued Growth of False Claims Act Cases

On Monday December 19, 2011, the Department of Justice announced year-end results for False Claims Act (“FCA”) cases in fiscal year 2011. The results demonstrate a dramatic increase in FCA cases brought by the government and private whistleblowers. >>

D.C. Circuit Dismisses Sallie Mae FCA Suit Based on First-to-File Rule

The United States Court of Appeals for the D.C. Circuit recently held that a complaint does not need to meet the heightened pleading standards for fraud claims in order to satisfy the first-to-file rule under the False Claims Act (“FCA”). >>



Sarah Teachout

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5038
F +1 214.200.0605

Areas of Practice

Education

  • J.D., Harvard Law School, 1998, cum laude; Line Editor, Journal of Law and Technology
  • B.A., University of Iowa, 1994, with highest distinction; Phi Beta Kappa

Bar Admissions

  • Texas

Sarah Teachout concentrates her practice in the areas of white collar criminal defense, internal corporate investigations, False Claims Act qui tam litigation, SEC investigations, and complex business litigation.

Ms. Teachout's recent matters include:

  • Obtained complete dismissal of False Claims Act qui tam lawsuit against national defense contractor. Argued and obtained opinion affirming dismissal before the Fifth Circuit Court of Appeals.
  • Obtained dismissal of False Claims Act qui tam suit against national manufacturer of PVC pipe.
  • On-going defense of healthcare provider in federal investigation and False Claims Act qui tam litigation.
  • Successfully represented a premier mixed martial arts promoter in defense of a competitor's claims, obtaining mandamus relief to prevent the suit from proceeding.
  • On-going defense of a private, for-profit school in qui tam litigation.
  • Obtained dismissal of False Claims Act litigation against international steel manufacturer and recycler.
  • Conducting various internal investigations of corporate conduct, including counseling and investigating public companies on matters related to stock option backdating.
  • Obtained dismissal of multi-district False Claims Act litigation for healthcare provider.
  • Obtained successful settlement of civil antitrust lawsuit involving price-fixing and fraud claims against energy companies.
  • Defending executive in international price-fixing investigation.
  • Successfully represented nation's largest distributor of international cable channels in breach of contract action.
  • Successfully represented, pro bono, two indigent Mexican nationals wrongly convicted and sentenced to life for a murder they could not have committed. The Texas Court of Criminal Appeals ordered that both defendants be given new trials, and a grand jury declined to indict them, setting both free after 12 years in prison.

Ms. Teachout also currently serves as Co-Chair of the ABA White Collar Crime False Claims Act Qui Tam subcommittee, focusing on federal and state false claims act enforcement and litigation issues, and has served as an adjunct Professor of Environmental Law at Texas Christian University.

Recent Speeches, Publications, and Honors

  • Member of the Haynes and Boone pro bono team that received the 2008 W. Frank Newton Award for outstanding pro bono effort after a seven-year fight that freed two indigent men convicted of a 1996 murder.
  • Recognized as a Best Lawyer in Dallas for White Collar Defense, Antitrust Law, D Magazine (2011).
  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2004-2007, 2009-2011).
  • "Recent Developments in False Claims Act Litigation: Original Source and State Qui Tam Litigation," Federal Bar Association, 2006.
  • "A Company's Dilemma: Advancing Attorney Fees to Employees," Dallas Bar Association, 2006.
  • "New Developments in the Federal Rules of Evidence and Criminal Procedure," State Bar of Texas CLE, 2006.
  • "What Happens When Corporate Misconduct Is Discovered -  Internal and Government Investigations," Lorman, 2006.
  • "Federal Discovery Practice and Spoliation of Evidence," State Bar of Texas CLE, 2006.
  • "New Federal Sentencing Guidelines: What Corporations Should Be Doing Now To Structure Effective Compliance Programs," 2004, American Society of Corporate Secretaries.
  • "Protecting Your Privileges: The Attorney-Client Privilege and Work Product Doctrine," Presented to clients of Haynes and Boone.
  • "Federal Discovery Practice and Electronic Evidence," State Bar of Texas CLE, 2004.

Selected Representative Experience


Chemical Industry Market Allocation Investigation
Representation of Swedish executive of a worldwide supplier of paints, coatings and hydrogen peroxide in connection with an investigation by U.S. Department of Justice's Antitrust Division into alleged international market allocation and collusion within Europe and North America.

Zuffa, LLC v. HDNet MMA 2008 LLC, 262 S.W.3d 446 (Tex. App.-Dallas 2008, orig. proceeding)
Persuaded the Dallas Court of Appeals to grant mandamus relief directing the trial court to stay litigation pending the outcome of Nevada arbitration proceedings between The Ultimate Fighting Championship mixed martial arts fight promoter and fighter Randy Couture.

United States ex rel. Williams v. Bell Helicopter Textron Inc., 417 F.3d 450 (5th Cir. 2005)
Obtained a judgment affirming the dismissal of qui tam action under the False Claims Act.

Lonza AG v. Blum, 70 S.W.3d 184 (Tex. App. - San Antonio 2001, pet. denied)
In a case that redefined the standard of review applied by the San Antonio Court of Appeals in cases involving personal jurisdiction over foreign corporations obtained reversal of a trial court’s order denying a Swiss corporation’s special appearance in a wrongful termination suit alleging fraud and intentional infliction of emotional distress.

In re Cardiac Devices Qui Tam Litigation
Representation of Baylor University Medical Center in In re Cardiac Devices Qui Tam Litigation (D. Conn.), a multi-district False Claims Act suit brought against major hospital systems in the United States alleging false claims for payment for investigational heart devices. Obtained dismissal of the case on interlocutory appeal to the Second Circuit Court of Appeals.

United States ex rel. Abbott v. BP P.L.C., BP America, Inc., BP Exploration and Production, Inc.
Representation of BP in United States ex rel. Abbott v. BP P.L.C., BP America, Inc., BP Exploration and Production, Inc. (S.D. Tex.), a False Claims Act qui tam suit involving allegations of false certifications of compliance with regulations governing defendants’ offshore oil and gas leases in the Gulf of Mexico.

United States ex rel. Guzder v. MKM Engineers, Inc., et al.
Representation of an environmental and munitions consulting and remediation firm, in United States ex rel. Guzder v. MKM Engineers, Inc., et al. (S.D. Tex.), a False Claims Act qui tam suit involving allegations concerning eligibility to participate in the Small Business Administration’s 8(a) program.

United States ex rel. Rocha v. Beverly Enterprises, Inc.
Representation of Beverly Enterprises, Inc., in United States ex rel. Patricia Rocha v. Beverly Enterprises, Inc. (S.D. Tex.), a False Claims Act qui tam action brought by former nurses against several hospitals. Obtained dismissal of the litigation at the district court on a motion to dismiss.

Defense of Healthcare Group Purchasing Organization for Anti-Kickback Violations
Representation of healthcare group purchasing organization in connection with civil and criminal investigation by the United States Attorney's Office in the Northern District of Texas and United States Department of Health and Human Services Office of Inspector General into alleged violations of Anti-Kickback statute.

Defense of Alta Colleges in False Claims Act Case Involving Incentive Compensation and For-Profit School Certification
Representation of Alta Colleges, a private, for-profit school, in a False Claims Act qui tam action (N.D. Tex.) alleging violations of Title IV of the Higher Education Act by providing admission personnel prohibited incentive compensation and violations of Texas state regulations governing certification of schools.

United States ex rel. Ward v. Commercial Metals Co.
Representation of Commercial Metals Company, a global steel manufacturer and recycling company, in a False Claims Act qui tam suit in the Southern District of Texas. Obtained dismissal of the case in the district court based on the public disclosure bar.

United States ex rel. Poisson v. Red River Service Corp.
Representation of Red River Service Corp., a telecommunications company, in United States ex rel. Poisson v. Red River Service Corp. (W.D. Okla.), a False Claims Act qui tam case involving allegations of false claims for payment in connection with contracts to provide telecommunication services to Tinker Air Force Base. Obtained favorable summary judgment ruling.

United States ex rel. De Kort v. Integrated Coast Guard Systems, Lockheed Martin Corp. and Northrop Grumman
Representation of Northrop Grumman in United States ex rel. De Kort v. Integrated Coast Guard Systems, A Joint Venture, Lockheed Martin Corp and Northrop Grumman (N.D. Tex.), a False Claims Act qui tam alleging false claims for payment in connection with the Coast Guard’s Deepwater project, a contract to refurbish the Coast Guard’s fleet.

United States ex rel. Williams v. Bell Helicopter Textron, Inc.
Representation of Bell Helicopter Textron, Inc., in False Claims Act qui tam action, United States ex rel. Williams v. Bell Helicopter Textron, Inc. (N.D. Tex.), brought by a former employee alleging false claims for payment in connection with the V-22 Osprey program and retaliation. Obtained dismissal of the litigation on a motion to dismiss and an affirmance of the dismissal at the Fifth Circuit Court of Appeals.

United States ex rel. Price v. Diamond Plastics, Corp.
Representation of Diamond Plastics, a national manufacturer of PVC pipe, in United States ex rel. Price v. Diamond Plastics, Corp. (N.D. Tex.), a False Claims Act qui tam suit involving allegations that faulty products were used in government construction projects resulting in false claims for payment. Obtained dismissal of the action in district court and affirmance of the dismissal at the Fifth Circuit Court of Appeals.

Memberships

  • American Bar Association
  • State Bar of Texas
  • Dallas Bar Association
  • Associate, Patrick E. Higginbotham American Inn of Court

Online Publications

12/21/2011 - DOJ Report Emphasizes Continued Growth of False Claims Act Cases
On Monday December 19, 2011, the Department of Justice announced year-end results for False Claims Act (“FCA”) cases in fiscal year 2011. The results demonstrate a dramatic increase in FCA cases brought by the government and private whistleblowers.

11/09/2011 - D.C. Circuit Dismisses Sallie Mae FCA Suit Based on First-to-File Rule
The United States Court of Appeals for the D.C. Circuit recently held that a complaint does not need to meet the heightened pleading standards for fraud claims in order to satisfy the first-to-file rule under the False Claims Act (“FCA”).

05/23/2011 - Supreme Court Holds FOIA Responses Trigger FCA Public Disclosure Bar
The Supreme Court recently held that a federal agency’s response to a Freedom of Information Act (FOIA) request could bar a later False Claims Act case based on the information disclosed. In Schindler Elevator Corp. v. United States ex rel. Kirk, 563 U.S. __ (2011), the Court held that a response to a FOIA request is a “public disclosure” in an “administrative report” under the False Claims Act.

06/03/2009 - Medicare's Recovery Audit Contractor Program: RAC Reviews and Appeals
In order to ensure accurate payments under the Medicare fee-for-service program, the Centers for Medicare & Medicaid Services (“CMS”) has implemented the Recovery Audit Contractor (RAC) program. This Health Care Alert provides the most recent information from CMS regarding the start dates for automated and complex reviews, “good cause” claim reopenings, the five-level Medicare appeals process, limitations on recoupment of alleged overpayments, and charts on the RAC process and Medicare appeals process.

05/27/2009 - Fraud Enforcement and Recovery Act Expands Liability Under the False Claims Act and Criminal Fraud Provisions
On May 20, 2009, President Obama signed into law the Fraud Enforcement and Recovery Act (“FERA”). This comprehensive legislation expands the reach of federal law and increases funding for federal agencies to combat financial fraud. The most dramatic changes affecting government contractors and organizations participating in federally-funded programs are found in FERA’s expansion of the False Claims Act (“FCA”).

04/23/2009 - False Claims Act: New Rules for Pleading?
In a case that will undoubtedly be embraced by relators, the United States Court of Appeals for the Fifth Circuit recently allowed a lawsuit brought under the False Claims Act (“FCA”) to proceed even though the relator did not know certain details about the invoices he alleged were fraudulently submitted to the government. In United States ex rel. Grubbs v. Kanneganti, the Fifth Circuit reversed a district court’s decision to dismiss an FCA claim for failure to allege fraud in sufficient detail. Although relators will argue that the decision opens the door for many more FCA lawsuits to survive early dismissal, the decision does not signal—as relators hope—that courts are abandoning heightened scrutiny.

01/28/2008 - A Second Chance: Thousands of Hours + Millions of Dollars = Two Convictions Vacated
Texas Lawyer
When Barry McNeil first read a memo about the trials of two Mexican nationals serving life sentences for the brutal murder of a convenience store clerk in a small town about 30 miles west of Lubbock, he recalls thinking, “This doesn’t sound right.”

09/01/2006 - A Company's Dilemma: Advancing Attorney Fees to Employees
Published in Headnotes, Volume 30, Number 9, September 1, 2006 © The Dallas Bar Association

06/16/2006 - Stock Option Backdating--How Big Are The Problems And What Should You Do?
Recently, over 40 public companies have come under investigation by the SEC or the Justice Department for improperly backdating options, and it is likely that more public companies will come under investigation in the future. At issue is whether option grants to executives and others were backdated to coincide with dates when a company’s stock price was low, thereby increasing the potential profits realized by the holders of the options if and when exercised. Improper backdating may be intentional or a result of faulty corporate procedures. In either event, serious accounting, tax, and disclosure issues result.
 

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