Daniel R. Miller

Biography

Daniel R. Miller’s practice is exclusively devoted to representing whistleblowers in state and federal False Claim Act cases, and in actions filed with the IRS, SEC, and CFTC.

Prior to joining Berger Montague, Mr. Miller was a Deputy Attorney General for the Delaware Department of Justice for more than 16 years. He is battle-tested, having tried more than 125 cases to jury verdict.

Over the past fifteen years, Mr. Miller has served on dozens of litigation and negotiation teams in qui tam cases across the country.  Collectively, those cases have returned more than $3.5 billion to state and federal treasuries.

Whistleblower (“Qui Tam“) cases are complex matters which often require extensive communication and coordination with the United States Department of Justice, local United States Attorneys’ Offices, all 50 state Attorneys General Offices, the Federal Bureau of Investigation, the Food and Drug Administration, the Securities and Exchange Commission, the Office of Inspector General, the Internal Revenue Service, and numerous other federal and state agencies. Now in private practice, Mr. Miller is able to provide his clients with extensive trial experience, deep insight into the personnel, structure, and function of these government entities, and a thorough understanding of the investigative sequences utilized by the prosecutors who lead these cases.

Mr. Miller is a former President of the National Association of Medicaid Fraud Control Units (“NAMFCU”), an organization whose members were responsible for securing more than 1,300 criminal convictions and returning more than $1.3 billion to the Medicaid Program during Mr. Miller’s term. As a member of NAMFCU’s Global Case Committee, Mr. Miller routinely worked on large-scale fraud cases. Prior to serving as NAMFCU’s President, Mr. Miller was the co-chair of NAMFCU’s Qui Tam Subcommittee where he coordinated communications and litigation positions for all states which have enacted False Claims Acts. Through these various roles, Mr. Miller helped execute a multi-year plan to increase the level of state involvement in national fraud investigations and prosecutions.

From 2003 through early 2010, Mr. Miller also served as the Director of the Medicaid Fraud Control Unit in the Delaware Department of Justice. In that capacity, he often served as team leader in coordinating the investigation and prosecution of health care provider fraud – including cases involving physician groups, pharmaceutical companies, nursing homes, and hospitals – with local, state, and federal authorities. These multi-disciplinary teams of government lawyers, investigators, and data analysts returned hundreds of millions of dollars to state and federal governments.

Prior to serving as Director of the Medicaid Fraud Unit, Mr. Miller was a Deputy Attorney General in the Criminal Division of the Delaware Department of Justice. During that time he managed a large caseload and prosecuted hundreds of violent offenders.

Before becoming a prosecutor, Mr. Miller served as a judicial clerk for Delaware Superior Court Judge Susan C. Del Pesco.

Mr. Miller graduated with honors from Temple University Law School in 1992.

Press Coverage

Professional Leadership

  • Immediate Past-President, National Association of Medicaid Fraud Control Units (“NAMFCU”)
  • Former Vice-President, NAMFCU
  • Former co-chair, NAMFCU Qui Tam Subcommittee
  • Former member, NAMFCU Global Case Committee

Business and Community Leadership

  • Mr. Miller is a nationally recognized leader in the investigation and prosecution of fraud committed against the federal and state governments, and has spoken or presented at dozens of conferences, including:
  • March, 2010 – 10th Annual Forum: Fraud and Abuse in the Sale and Marketing of Prescription Drugs – “Government Spotlight: Federal and State Enforcement Trends”
  • March, 2010 – State of Maryland – House Committee – “Testimony in Support of the Maryland False Claims Act Bill”
  • March, 2010 – 8th Annual Advanced Forum on Prescription Drug Pricing – “Settlements and Corporate Integrity Agreements”; “Pricing Related Government Enforcement Trends”
  • February, 2010 – State of Maryland – Senate Committee – “Testimony in Support of the Maryland False Claims Act Bill”
  • January, 2010 – 7th Annual Pharmaceutical Compliance Congress – “Perspectives on Enforcement at State and Federal Levels”
  • September, 2009 – National Association of Medicaid Program Integrity Units – Annual Conference – “Use of Medicaid Data in Global Fraud Investigations”
  • July, 2009 – 6th National Pharmaceutical Company Guide to Off-Label Communications – “Identifying Enforcement Trends”
  • May, 2009 – 19th Annual ABA National Institute on Health Care Fraud – “State and Federal False Claims Act Practice and Procedure”; “State Enforcement and Medicaid Fraud”
  • May, 2009 – 11th Annual Medicaid Rebates Conference – “The Role of the States in Regulating the Pharmaceutical Industry”
  • March, 2009 – 1st Annual Summit on Disclosure, Transparency, and Aggregate Spend – “Assessing Disclosure as a Compliance Tool”
  • March, 2009 – 7th Annual Forum on Government Regulation of Prescription Drug Pricing – “Pricing-Related Government Enforcement”
  • March, 2009 – Widener Law School Healthcare Compliance Program – “False Claims Act Update”
  • January, 2009 – 6th Annual Pharmaceutical Compliance Congress – “Government Perspective on Scientific Exchange and Drug Promotion”
  • December, 2008 – Annual Winter Meeting, National Association of Attorneys General – “The Role of NAMFCU in Global Cases”
  • October, 2008 – 9th Annual Pharmaceutical Regulatory Compliance Congress – “Post-Settlement Interactions with the Government”
  • October, 2008 – 10th Annual Guidelines for Disseminating Off-Label Information – “The Role of the States in Off-Label Investigations and Prosecutions”
  • October, 2008 – Creating Compliant Financial Arrangements with Doctors and Hospitals – “Recent Cases Stemming from Questionable Financial Agreements”
  • September, 2008 – 1st Annual Forum on Off-Label Therapy – “The State Approach to Off-Label Enforcement”
  • June, 2008 – 7th Annual ABA Institute on Civil False Claims Act and Qui Tam Enforcement – “Current and Future State Qui Tam Enforcement”
  • May, 2008 – 18th Annual ABA National Institute on Health Care Fraud – “Sharing of Information Among Government Prosecutors”
  • May, 2008 – 4th USDOJ Conference on Pharmaceutical and Device Fraud – “Best Price/Nominal Price Investigations and Prosecutions”
  • April, 2008 – 8th Annual National Forum on Fraud and Abuse in the Sale and Marketing of Drugs – “Off-Label Promotion: Risk Mitigation and Lessons Learned from Recent Settlements”; “Factoring New State Enforcement Priorities in the Fraud and Abuse Analysis”
  • March, 2008 – Symposium on Healthcare Fraud Investigations – “Preventing and Defending FCA Violations in Healthcare and Qui Tam Lawsuits”
  • October, 2007 – 9th Annual Conference: Guidelines for Disseminating Off-Label Information – “Coordination Among Federal and State Agencies in Off-Label Enforcement”
  • September, 2007 – 7th Annual Taxpayers Against Fraud Conference – “Multi-Jurisdictional Prosecution of Qui Tam Cases”

Prominent Judgments and Settlements

  • U.S. ex rel. Bogart v. King Pharmaceuticals ($100 million)
  • U.S. ex rel. Steinke v. Merck Pharmaceuticals ($399 million)
  • U.S. ex rel. LaCorte v. Merck & Co., Inc. ($250 million)
  • U.S. ex rel. Rudolph v. Eli Lilly ($1.4 billion)
  • U.S. ex rel. Wetta v. AstraZeneca Pharmaceuticals LP ($520 million)

Credentials

Education:

Law School

Temple Law School, J.D. (with honors)

Undergraduate

University of Delaware, B.A. (with honors)

Admissions

Member – Delaware Bar

Member – Pennsylvania Bar


Admitted – Supreme Court of Delaware

Admitted – District of Delaware

Admitted – Eastern District of Pennsylvania

Admitted – First Circuit


Clerkships

The Honorable Susan C. Del Pesco, Superior Court of Delaware


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