Pamela L. Johnston

Partner

Clients facing investigations by the Department of Justice (DOJ) and other agencies turn to Pamela Johnston for her sound judgment. Informed by her extensive trial experience, successful handling of various types of fraud and corruption investigations, depth in the area of parallel False Claims Act (FCA) and criminal investigations, and her understanding of the criminal system and ability to navigate effectively that system on behalf of her clients, clients value her ability to defend them effectively in court when required. She is a partner in the firm’s Government Enforcement Defense & Investigations, Securities Enforcement & Litigation, and the Health Care and Life Sciences Sector. She leads the firm’s False Claims Act Health Care Working Group.

Pam represents companies and individuals in investigations and cases involving the False Claims Act (FCA), health care fraud, complex criminal laws, and SEC/DOJ securities issues. She is an experienced trial lawyer who has tried more than 30 cases in federal and state courts, and who has written more than 60 federal appellate briefs. Pam honed her trial skills during her 14 years as an Assistant United States Attorney (AUSA), ending her DOJ tenure in the Los Angeles United States Attorney’s Office as a Deputy Chief of the Major Frauds Section. She began that tenure as a civil AUSA, prosecuting FCA, FIRREA, and forfeiture cases. Pam is well-known as a Los Angeles insider-trading and health care lawyer. Pam also represents companies in complex commercial disputes.

According to Chambers USA, clients and market sources describe Pam as a “‘really fine lawyer’ who particularly stands out for her ‘tremendous insight’ into the strategies of government agencies.” They also say she is “very strong and very effective,” “extremely knowledgeable and experienced,” and has “impeccable judgment.”

Pam has “strong litigation credentials and expertise” in False Claims Act cases and a “range of white-collar criminal matters, including securities enforcement.” A client noted, “I was very pleased with her availability to promptly get back to me anytime, day or night,” adding, “she has great judgment and is tough when she needs to be.”

Awards and Recognition

  • Recognized, Chambers USA: America’s Leading Lawyers for Business – White-Collar Crime and Government Investigations (2008 – 2009, 2012 – 2023).
  • Selected by her peers for inclusion in The Best Lawyers in America© in the field of White-Collar Criminal Defense (2007 – 2024).
  • Selected for inclusion in the Southern California Super Lawyers® list in the field of White-Collar Criminal Defense (2007 – 2023).
  • Received two Department of Justice Director’s Awards for Superior Performance as an Assistant U.S. Attorney.
  • Appellate Clerkship, the Hon. Irving L. Goldberg, Fifth Circuit Court of Appeals.
  • District Court Clerkship, the Hon. Truman Hobbs, Middle District of Alabama.

Presentations and Publications

  • Speaker, “Outlook 2023: With Enforcement Picking Up, Expect More Private Equity, MA, and Telehealth Cases,” HCCA’s Report on Medicare Compliance (January 9, 2023).
  • Co-author, “Better Handling of Electronic Communications During Government Investigations and Discovery:  What Health Care Companies Can Learn from Other Industries,” American Health Law Association’s Health Law Connections (July 2022).
  • Co-author, “Bracing for The Next Wave Of Health Care Enforcement,” Law360 (May 11, 2021).
  • Co-author, “Top 10 Insights from the SBA’s PPP Loan Forgiveness Application,” Foley’s Coronavirus Resource Center: Back to Business (May 18, 2020).
  • Co-author, “SBA Issued New Guidance Regarding Recipients’ Certifications of Necessity for PPP Loans,” Foley’s Coronavirus Resource Center: Back to Business (May 13, 2020).
  • Co-author, “Accepting CARES Act Assistance: Congressional and Other Investigative Risks” Foley’s Coronavirus Resource Center: Back to Business (May 12, 2020).
  • Co-author, “Applied for a PPP Loan? Simple Steps Now to Avoid Government Scrutiny Later – Updated as of May 6, 2020,” Foley Coronavirus Resource Center: Back to Business (May 6, 2020).
  • Co-author, “Applying for a CARES Act Loan? Take Three Simple Steps Now to Avoid Government Scrutiny Later,” Foley’s Coronavirus Resource Center: Back to Business (April 8, 2020).
  • Speaker, “Beware the Flashing Lights: Hot Button Issues in EMS Agreements,” 21st Annual Conference on Emerging Issues in Healthcare Law (March 11, 2020).
  • Panelist, “A Kickback Discussion on Civil and Criminal Trends in Health Care,” ABA White Collar Committee (June 25, 2019).
  • Author, “Ambulance Suppliers: CMS Launches ET3 – A New Triage Model for EMS,” Health Care Law Today, Foley Blog (February 27, 2019).
  • Co-author, “A Review of Recent Whistleblower Developments,” Foley & Lardner LLP Legal News: Whistleblower Developments (2014 – 2023).
23 February 2024 Health Care Law Today

New False Claims Act Stats Show Jump in DOJ-Driven Investigations

The Department of Justice’s annual False Claims Act press release revealed that it increased self-initiated investigations for the federal fiscal year ending September 30, 2023, by 1.5 times over the prior year.
31 January 2024 Article

A Review of Recent Whistleblower Developments

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business.
15 January 2024 In the News

Pamela Johnston and Matthew Krueger Quoted on Outlook for FCA and Fraud Enforcement

Foley & Lardner LLP partners Pamela Johnston and Matthew Krueger are quoted in the article, “Outlook 2024: FCA Cases May Not Always Go It Alone; MA Enforcement Spreads to Providers,” in the Report on Medicare Compliance.
13 December 2023 Manufacturing Industry Advisor

Lying Is More Expensive than Telling the Truth — First Criminal Jury Trial of Executives Who Knowingly and Willfully Violated the Consumer Product Safety Act

On November 16, 2023, a federal jury in Los Angeles returned guilty verdicts against two corporate executives of a consumer product distributor for conspiracy to defraud the United States by obstructing the lawful functions of the Consumer Product Safety Commission.
24 October 2023 Article

A Review of Recent Whistleblower Developments

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business.
17 August 2023 Honors and Awards

Foley Attorneys Recognized in 2024 Best Lawyers in America

Foley & Lardner LLP proudly announced today that 236 of the firm’s attorneys across 20 U.S. offices have received recognition in the 2024 edition of The Best Lawyers in America©.