Daniel R. Miller
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. Mr.Miller has extensive experience litigating qui tam cases across the country.
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 nationwide qui tam cases. 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.
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 coordinated 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.
- Current Co-Chair of Berger Montague’s Qui Tam Practice Group
- 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. He has spoken or presented at scores of national conferences and symposiums across the United States. Most recently, Mr.Miller spoke at the 2019 Federal Bar Association Qui Tam Conference.
Prominent Judgments and Settlements
- U.S. ex rel. Bogart v. King Pharmaceuticals ($100 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. Silver v. Omnicare ($120 million)
- U.S. ex rel. Steinke v. Merck Pharmaceuticals ($399 million)
- U.S. ex rel. Streck v. AstraZeneca, Genzyme, Cephalon, and Biogen Idec (collectively settled for more than $60 million)
- U.S. ex rel. Wetta v. AstraZeneca Pharmaceuticals LP ($520 million)
In the News
- Quoted in The American Lawyer article “DOJ Memos Making More Appearances in Whistleblower Cases“
- Appeared on CBS True-Crime WHISTLEBLOWERS 2018 Summer Premiere Episode:
- WHISTLEBLOWERS Episode (CBS)
- Plaintiffs Lawyers Get TV Time as CBS Launches Whistleblower Reality Show (American Lawyer)
- Plaintiffs Lawyers Get TV Time as CBS Launches Whistleblower Reality Show (National Law Journal)
- Drugmakers Duped Medicaid Rebate Regulators, 3rd Circ. Told (Law360)
- Berger Montague Scores Florida's Largest Healthcare Fraud Settlement of 2017
- $4 Million Settlement Reached in Medicare Fraud Lawsuit Against Tampa Dermatologist Practice
- Shareholder Daniel R. Miller Appears on CBS Series WHISTLEBLOWER
- Berger Montague Whistleblower Team Leads Second Largest Ever False Claims Act Dental Case, Recovering More Than $23.9 Million
- Whistleblower Defeats Motion to Dismiss in Lawsuit Alleging Defective Defibrillators
- Health First Agrees to Pay $3.5 Million to Resolve False Claims Act Lawsuit
- Walgreens Pays $9.86 Million Resolving Whistleblower Claims Of Fraud Against California's Medi-Cal Program, Reports Berger Montague
- AstraZeneca, Cephalon, and Biogen Idec to Pay $55.5 Million to Resolve False Claims Act Allegations Made By Whistleblower Ronald Streck
- WikiLeaks Versus Whistleblowers