Andrew Miller

Andrew Miller joined Baron & Budd’s Washington, D.C. office in 2018, where he focuses on bringing fraud and abuse litigation throughout the United States under such statutes as the federal False Claims Act, state False Claims Acts, the Anti-Kickback Statute and the Stark Law. A shareholder in our Washington D.C. office, Mr. Miller also represents clients with claims filed with the Whistleblower Offices of the Securities and Exchange Commission and the Internal Revenue Service.

Before Mr. Miller joined Baron & Budd, he was a partner at a law firm in in Washington D.C. He has significant experience representing whistleblowers in qui tam cases against defense and government contractors, drug manufacturers, and healthcare providers.

Early in his legal career, Mr. Miller defended government contractors against liability under the FCA. He also represented government officials in Congressional investigations and participated in numerous internal investigations involving complex civil and criminal issues. Mr. Miller’s long experience at both ends of the FCA litigation spectrum makes him an invaluable component of the Baron & Budd team.

During law school Mr. Miller served as editor-in-chief of the Houston Law Review. He was also one of only four students who received the Distinguished Service Award for extraordinary contribution to the University of Houston Law Center. Mr. Miller also received the American Jurisprudence Award for Legal Research and Writing.

After interning for the Honorable David Hittner at the United States District Court for the Southern District of Texas in 2002, Mr. Miller clerked for the Honorable Harold R. DeMoss, Jr. at the United States Court of Appeals for the Fifth Circuit from 2003 through 2005. During that time, he also worked as an Adjunct Professor of Law at the University of Houston Law Center.

Highlights of Mr. Miller’s work include the following:

• In February 2022, the Department of Justice announced a nearly $50 million False Claims Act settlement against TriMark LLC and others. In that case, Mr. Miller represented a whistleblower who alleged that TriMark—the nation’s largest restaurant supply company—violated the False Claims Act by illegally obtaining government contracts set aside for small businesses owned by service-disabled veterans. The TriMark case was listed by the Department of Justice as among the top settlements in 2022 and recognized as the largest non-health care False Claims Act recovery in 2022. At the time, the TriMark matter also represented the largest-ever False Claims Act settlement based on allegations of small-business set-aside contracting fraud.
• Miller represented the whistleblowers in a $2.5 million customs fraud settlement, announced by the DOJ in December 2023, with ADCO Industries, Xiamen Atlantis MFC Co., Raymond E. Davis, and Calvin Chang. Mr. Miller represented the whistleblowers who uncovered a double-invoicing scheme between ADCO—a seller of commercial products like shelves, dollies, and safety cutters—and their Chinese supplier, Xiamen. According to the FCA suit, ADCO conspired with the Chinese manufacturer to fraudulently underreport the value of the imported goods on the invoices in order to pay duties on the fraudulently deflated product values rather than the actual value of the products. The settlement was the largest customs fraud case in which the government intervened that involved a scheme to avoid payment of tariffs enacted during the Trump administration.
• In May of 2022, the DOJ announced a $2.8 million settlement against Hensel Phelps Construction Company in a False Claims Act case involving allegations of small business subcontracting fraud. Mr. Miller represented a whistleblower in that action who alleged that Hensel Phelps falsely certified to the government that it had subcontracted portions of a $68 million construction project involving the Armed Forces Retirement Home—a retirement community in Washington, D.C. that houses veterans and active-duty members of the United States Armed Forces—to a service-disabled veteran-owned small business. In what is believed to be historic timing, the DOJ intervened and settled the qui tam matter a mere 21 days after the complaint was filed.

Growing up in West Texas, Mr. Miller knew from an early age that he wanted to dedicate himself to a career that would allow him to advocate for those who might not otherwise have a voice, whether they are individuals who bravely blow the whistle on fraud or are people being accused of misdeeds. Joining the legal profession gave Mr. Miller an ideal platform for ensuring that the rights of individuals are protected, no matter how powerful their opponents. “Knowing that I can help others stand up for what’s right is its own reward and serves as my motivation to come to work each day”, he says. This dedication is further reflected in Mr. Miller’s extensive pro bono work in child custody matters, where he has represented low-income families and vulnerable children living with abuse, neglect and other difficult circumstances.

Mr. Miller resides in Northern Virginia with his family. They enjoy traveling to the beach, cooking together, and golfing.

Publications

• Author, Member Spotlight; Federal Bar Association Qui Tam Section (Winter 2024)
• Author, There You Go Again — No, There Is Not a New Reckless Disregard Inquiry After SuperValu; Federal Bar Association Qui Tam Section (Winter 2024);
• Co-Author, Pleading ‘Health Care Fraud and Abuse’ Under the False Claims Act in the SuperValu Era: Surviving Rule 9(b) and Rule 12(b)(6) Motions to Dismiss; Rachel V. Rose and Andrew M. Miller; The Federal Lawyer (Fall 2024);
• Author, A Journey from Mineral Estate Dominance Through the Accommodation Doctrine and Beyond: Why Texas is Ready to Take the Next Step with a Surface Damage Act, 40 HOUS. L. REV. 461 (2003)

Presentations

• Panelist, Federal Bar Association Annual Qui Tam Conference; Pandemic Fraud Update (Washington, DC, February 20, 2025)
• Panelist, Central New York False Claims Act Symposium presented by the Northern District of New York Federal Court Bar Association in partnership with the U.S. Attorney’s Office for the Northern District of New York; The Role of the Relator’s Bar (Syracuse, NY; May 9, 2024)
• Speaker, Intelligent Capital Allocation Podcast SEC Whistleblower End of Year Report (December 1, 2023)
• Speaker, Intelligent Capital Allocation Podcast SEC Whistleblower Update (November 10, 2023)
• Panelist, The Anti-Fraud Coalition – Annual Qui Tam Conference – Hot Topics Panel (Washington, DC, October 19, 2023)
• Speaker, ACI 10th Annual Advanced Forum on False Claims and Qui Tam Enforcement; Fireside Chat with Relator’s Counsel: Understanding the Synergistic Relationship Between Relators and the Government When Investigating and Prosecuting FCA Cases; (New York City, NY, January 24, 2023)
• Panelist, “Small Business Contractor Fraud,” ABA Public Contract Law Procurement Fraud and False Claims Committee and Small Business & Other Socioeconomic Programs Committee Joint Meeting (April 2019)
• Moderator, “Ability to Pay,” Federal Bar Association Annual Qui Tam Conference. Panel discussion examining when it may be appropriate to consider an ability to pay settlement in a False Claims Act matter and explore the factors the U.S. Department of Justice evaluates as part of an ability to pay settlement (March 2019)
• Contributor, American Bar Association Criminal Justice Section Qui Tam Subcommittee, Closed-door discussion about recent False Claims Act developments and strategy (March 2019)
• Speaker, “Mitigating Fraud Risks Throughout the Grant Lifecycle: A View from Both Sides of the Table,” Federal Publication Seminars (December 2015)
• Panelist, “America’s Opiate Epidemic,” Law360-sponsored panel discussion and Q&A about the impact of America’s prescription painkiller and heroin epidemic, what these developments have had in the legal landscape, and what lawyers need to know on behalf of their clients and communities (August 2015)