Daniel R. Miller concentrates his practice on complex civil
litigation, representing whistleblowers in state and federal
False Claim Act cases against companies or contractors who have
committed fraud against the government.
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. During his time with the
government, Mr. Miller served on numerous national litigation and
negotiation teams comprised of federal and state
prosecutors. Collectively, those cases returned more
than $2.5 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
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
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, including rapists, armed carjackers, and capital
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. He is presently an adjunct professor at
Temple Law School, teaching trial advocacy.
Prominent Judgments & Settlements
- U.S. ex rel. Bogart v. King Pharmaceuticals ($100
- U.S. ex rel. Steinke v. Merck Pharmaceuticals
- U.S. ex rel. LaCorte v. Merck & Co., Inc.
- U.S. ex rel. Rudolph v. Eli Lilly ($1.4
- U.S. ex rel. Wetta v. AstraZeneca Pharmaceuticals
LP ($520 million)