Whistleblower Litigation

Lowey Dannenberg:
discovering fraud and protecting
Whistleblowers

Lowey can help courageous whistleblowers navigate the complex nature of federal and state laws in cases involving financial fraud and fraud on the government.

The Federal False Claims Act authorizes private citizens, called relators or “whistleblowers,” to file claims on behalf of the United States. In these cases, known as qui tam actions, the whistleblower may receive up to 30% of the proceeds, which are offered by law to provide incentives for whistleblowers to come forward and expose fraud against the government. In 2016 alone, some $4.7 billion was recovered in cases brought under the False Claims Act. More than half of that amount concerned healthcare fraud. The Department of Justice paid the whistleblowers more than $519 million for their effort in the recoveries.

Lowey Dannenberg represents whistleblowers in cases involving financial fraud and fraud on the government, but confidentiality restrictions often prevent us from publicly disclosing information on cases.

Representative Cases

Qui tam cases handled with knowledge and resourcefulness

Lowey Dannenberg represents a physician in a qui tam case in New York federal court, who alleged that a regional pharmacy (Trinity HomeCare LLC, a subsidiary of Walgreen Co.) and a pharmaceutical manufacturer (MedImmune, Inc.), conspired to improperly prescribe and funnel kickbacks for Synagis®, a drug used to combat a respiratory illness in premature babies which costs $2,000 per dose. The scheme was aimed at bilking the federal government and Medicaid programs out of millions of dollars in prescriptions. The New State Attorney General (NYAG) intervened and settled the claims against the pharmacy for $22.4 million. The NYAG’s claims and Relator’s national claims against MedImmune, Inc. continue to be prosecuted.

United States, ex rel. Vierczhalek v. MedImmune, Inc., et al., 09 civ. 3919 (S.D.N.Y.)

Lowey Dannenberg represents a Certified Nurse Anesthetist in a qui tam case, alleging that his former employer fraudulently submit false claims to Medicare for anesthesia services that were not performed, then retaliated against him when he approached his supervisor and the company compliance department with this information. On November 14, 2017, the Court denied Defendants motion to dismiss and the case is proceeding into discovery.

United States ex rel. Lord v. North American Partners in Anesthesia, LP, 13 civ. 2940, 2017 WL 5450757 (M.D. Pa. Nov. 14, 2107).

Lowey Dannenberg “has worked tirelessly to promote harmony and efficiency in this sprawling litigation…[it] has done a superb job in its role as Liaison counsel, conducting itself with professionalism and efficiency….”

~ Hon. Denise L. Cote, United States District Judge, S.D.N.Y.

In re WorldCom, Inc. Sec. Litig., No. 02 Civ. 3288 (S.D.N.Y.).

Landmark Outcomes

Lowey Dannenberg represented a physician in a qui tam case in New York federal court, who alleged that a regional pharmacy (Trinity HomeCare LLC, a subsidiary of Walgreen Co.) and a pharmaceutical manufacturer (Medimmune, Inc.) conspired to improperly prescribe and funnel kickbacks for Synagis®, a drug used to combat a respiratory illness in premature babies that costs $2,000 per dose. The scheme was aimed at bilking the federal government and Medicaid programs out of millions of dollars. The New York State Attorney General intervened and settled the claims against the pharmacy for $22.4 million. The attorney general’s claims and Relator’s national claims against MedImmune, Inc. continue to be prosecuted.

Lowey Dannenberg “has worked tirelessly to promote harmony and efficiency in this sprawling litigation…[it] has done a superb job in its role as Liaison counsel, conducting itself with professionalism and efficiency….”

~ Hon. Denise L. Cote, United States District Judge, S.D.N.Y.

In re WorldCom, Inc. Sec. Litig., No. 02 Civ. 3288 (S.D.N.Y.).

Landmark Outcomes

Lowey Dannenberg represented a physician in a qui tam case in New York federal court, who alleged that a regional pharmacy (Trinity HomeCare LLC, a subsidiary of Walgreen Co.) and a pharmaceutical manufacturer (Medimmune, Inc.) conspired to improperly prescribe and funnel kickbacks for Synagis®, a drug used to combat a respiratory illness in premature babies that costs $2,000 per dose. The scheme was aimed at bilking the federal government and Medicaid programs out of millions of dollars. The New York State Attorney General intervened and settled the claims against the pharmacy for $22.4 million. The attorney general’s claims and Relator’s national claims against MedImmune, Inc. continue to be prosecuted.

Our experienced and resourceful attorneys vigorously work for whistleblowers and public servants to prosecute qui tam false claim recoveries, particularly those regarding financial fraud or Medicare and Medicaid fraud. We are equipped to handle the most complex qui tam cases. We help whistleblowers unveil corporate and government malfeasance, fighting for ethics in business and government. Our experience in litigating similar cases on behalf of large health benefits providers and institutional investors informs our work.

In conjunction with related qui tam litigation, we have prosecuted major civil fraud recovery actions. For example, while the qui tam bar pursued one of the largest civil Medicare and Medicaid fraud cases in history (alleging that TAP Pharmaceuticals paid doctors kickbacks to over-prescribe the cancer drug Lupron), Lowey Dannenberg prosecuted a civil action and negotiated a $110 million settlement for private third-party payers. Our firm has the necessary personnel, reputation, resources and skills to vigorously prosecute your case.

More About the SEC Whistleblower Program Whistleblowers

who report wrongdoing to the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) may receive a reward if government enforcement agencies recover more than $1 million as a result of the whistleblower’s information. SEC and CFTC whistleblowers also are entitled to job protection.

The Dodd-Frank Wall Street Reform and Protection Act, known as the Dodd-Frank Act, created the SEC whistleblower reward program and the CFTC whistleblower reward program in 2010. A key feature of the Dodd Frank Act is that SEC Whistleblowers are protected by very strong confidentiality provisions. Since the passage of Dodd Frank, Lowey Dannenberg has filed whistleblower complaints alleging fraud against the U.S. Treasury Department involving financial products.

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More than 50 years of landmark results.