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Daniel R. Miller

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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 $3 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, including rapists, armed carjackers, and capital murderers.

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 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)