Gary L. Azorsky, chair of the Whistleblower practice has spent much of his nearly four-decades-long career helping right wrongs, recovering nearly $8 billion in defrauded funds for federal and state governments and hundreds of millions of dollars for whistleblower clients.
Gary primarily pursues claims on behalf of whistleblowers involving violations of the federal securities laws under the Whistleblower Program of the United States Securities and Exchange Commission, violations of the federal tax laws under the Whistleblower Program of the Internal Revenue Service, and violations of the Commodities Exchange Act under the Whistleblower Program of the Commodity Futures Trading Commission. He also pursues cases under the federal and state False Claims Act statutes in the healthcare, pharmaceutical, banking, and defense contracting sectors.
Recognized for his vast experience and knowledge of the False Claims Act, Gary has testified before the Vermont Senate Judiciary Committee for the advancement of a Vermont State False Claims Act and provided expert guidance on the False Claims Act for the Joint Hearing of the U.S. House Oversight and Judiciary Committees Concerning Perez Actions with respect to the St. Paul qui tam cases. He has been qualified by the U.S. District Court for the District of Massachusetts to testify as an expert in False Claims Act practice in the matter of U.S. ex rel. Kieff v. Wyeth and has served as an expert in Pennsylvania state court litigation.
Gary served as co-lead counsel in a qui tam action against the pharmaceutical company Wyeth in the District of Massachusetts, in which more states joined to intervene along with the government of the United States than had ever before intervened in a qui tam action. The $784.6 million settlement was the seventh-largest False Claims Act recovery on record and the second-largest recovery in history involving a single class of drugs. He worked alongside Department of Justice attorneys and state attorneys general throughout the 12-year pendency of the case.
His body of work is extensive and includes precedent-setting cases such as the series of Ven-A-Care cases, which were among the first large FCA multi-state cases and laid the groundwork for much of the False Claims Act litigation that followed. Gary has also represented whistleblowers in FCA cases involving defense contractors, off-label marketing and misbranding by pharmaceutical companies, violations of the federal anti-kickback statute, property appraisal and banking fraud and fraud in connection with for-profit colleges and student loan programs.
Prior to joining Cohen Milstein, he was actively involved in groundbreaking civil rights, commercial and intellectual property litigation, including Internet and software industry-related litigation.
- Member – Taxpayers Against Fraud, a non-profit, public interest organization dedicated to combatting fraud against the federal government through the promotion and use of the Federal False Claims Act and its qui tam provisions
- Member – Federal Bar Association, Qui Tam Section
- Gary has worked pro bono on behalf of organizations advocating for gun control and against gun violence
- Pennsylvania
- New Jersey
- University of Pennsylvania, BA, 1980
- Cornell Law School, JD, 1983
Current Cases
U.S. ex rel. Pepe M.D. and Sherman, M.D. v. Fresenius Vascular Care, Inc., et al.
In 2022, the federal government and multiple state governments intervened in this qui tam action commenced by Cohen Milstein on behalf of the whistleblowers against Fresenius Vascular Care, Inc. and affiliated defendants, alleging that they violated the federal and state False Claims Acts by performing and billing Medicare and Medicaid for unnecessary surgical procedures that were not covered by these programs, that subjected patients to health risks, and that defrauded the government and taxpayers of many millions of dollars. The action seeks treble damages and civil penalties.
Past Cases
USA, ex. rel. O’Connor v. National Spine and Pain Centers, LLC
United States ex rel. O’Connor v. National Spine and Pain Centers, LLC: A qui tam action alleging that pain management practices defrauded the government health care programs by billing for services furnished by physician assistants and nurse practitioners as “incident to” a physician’s service when the services did not qualify as such, and referring patients for unnecessary drug tests. The United States intervened in and settled this action for approximately $3.3 million.
USA, ex. rel., Lauren Kieff, et al. v. Wyeth
United States of America et al., ex rel. Lauren Kieff, v. Wyeth, No.1:03-CV-12366-DPW (D.Mass.): A qui tam action alleging that drug manufacturer Wyeth overcharged the state Medicaid programs by not providing them the statutorily required “best price” for a widely prescribed drug. This action resulted in a recovery of more than $780 million by the government.
Lawdragon 500 Leading Plaintiff Financial Lawyers (2021-2023)
August 8, 2023
Preserving Patient Care and Physician Independence in the Age of Private Equity-Owned Healthcare
Gary L. Azorsky and Jeanne A. Markey write as members of Cohen Milstein’s Whistleblower practice. Private equity continues to expand its holdings in healthcare, having invested almost $1 trillion in hospitals and specialized practices over the last decade. And patient care and government healthcare plans such as Medicare and Medicaid are feeling the impact as evidence mounts that private […]
Articles | Cohen Milstein on Medium
May 9, 2023
Overlooked Law States Can Use to Get Private Equity Out of Health Care Decisions
Who makes the decisions regarding your health care? Your doctor? Maybe not. And that is a growing problem. Today, though patients may not realize it, private equity’s footprint can be found most everywhere health care is provided: emergency rooms, hospital chains, general practitioners’ offices, cardiologists’ offices, home health agencies, nursing homes and more recently, even in behavioral health. […]
Articles | The Legal Intelligencer
December 2, 2021
The SEC Whistleblower Program’s First Decade: $1 Billion in Awards and Counting
By Gary L. Azorsky and Raymond M. Sarola: In its 10-year existence the SEC’s whistleblower program has recovered nearly $5 billion in actions that were initiated or assisted by whistleblower tips and paid over $1 billion in awards to those whistleblowers. In its 2021 annual report to Congress on its whistleblower program, the Securities and […]
Articles | The National Law Journal
October 13, 2021
Whistleblowers Are Key to Protecting SPAC Investors
The SEC is doubling down on potential fraud involving special purpose acquisition company (SPAC) transactions. Cohen Milstein attorneys look at the role inside knowledge of potential fraud can play in protecting investors and say the time is ripe for whistleblowers to come forward. By Gary L. Azorsky and Raymond M. Sarola Market enthusiasm for special […]
Articles | Bloomberg Law
March 13, 2021
Fraud Is Rampant in Medicare Advantage—Enforcing the False Claims Act Can Help
If you have any questions about the issues raised below or would like to learn more about the False Claims Act, please contact one of our Whistleblower Attorneys at whistleblower@cohenmilstein.com or via our Contact Us page to arrange a complimentary confidential consultation. By David Engel, JD, Gary Azorsky, JD, Jeanne Markey, JD, and Ray Sarola, JD Can a […]
Articles | MedPage Today
November 16, 2017
Attention, Wall Street: Stopping Fraud Isn’t Just Right—It Pays
If you have any questions about the issues raised below or would like to learn more about the SEC’s whistleblower program, please contact one of our Whistleblower Attorneys at 267.479.5700 or whistleblower@cohenmilstein.com to arrange a complimentary confidential consultation. Alternatively, please submit your contact information via our Contact Us page, and we will be in touch […]
Articles | Crain’s New York Business