Raymond M. Sarola represents whistleblowers in qui tam cases brought under the federal and state False Claims Act statutes in industries that conduct business with the government, including health care, defense, and financial services. Ray also represents clients in whistleblower matters before the Securities and Exchange Commission, Commodity Futures Trading Commission, Internal Revenue Service, and other agencies.
Ray is also a member of the firm’s Ethics & Fiduciary Counseling practice, where he calls upon his experience a Senior Policy Advisor & Counsel in the Mayor’s Office of the City of New York. There, he represented the Mayor and Commissioner of Finance on the boards of the City’s pension systems and deferred compensation plan and advised on legal issues regarding pension investments, benefit payments, securities litigation, and corporate governance initiatives.
Ray’s government service and corporate defense litigation experience has been invaluable in counseling clients regarding their claims against the government and corporate entities.
Ray’s representations include:
- A sealed qui tam action against a healthcare company alleging that it performed medically unnecessary procedures on patients covered by Medicare and Medicaid.
- A sealed qui tam action against healthcare companies alleging that they denied necessary treatment to patients in violation of Medicare regulations.
- Multiple qui tam actions alleging the unnecessary provision of skilled therapy in nursing homes.
- A sealed qui tam action alleging fraud in the bidding for a public contract.
- A sealed qui tam action against a provider of telehealth services alleging overbilling and under provision of healthcare services.
- A sealed qui tam action against a healthcare company for allegedly defrauding the government’s Electronic Health Record Incentive Programs.
- Sealed qui tam actions against pharmaceutical companies alleging that they overcharged the government healthcare programs for brand-name drugs.
- Submissions under the Securities and Exchange Commission Whistleblower Program and the Internal Revenue Service Whistleblower Program alleging securities and tax fraud against major financial services companies and other entities.
- Submissions under the SEC and Commodity Futures Trading Commission Whistleblower Programs alleging violations of the Foreign Corrupt Practices Act and the Commodity Exchange Act.
In addition, Ray was part of the Cohen Milstein team that successfully represented the estate of Kirsten Englund in a wrongful death case of first impression in Oregon state court and nationally, addressing the legal liability for federally licensed firearms dealers involved in online straw sales. The landmark settlement in October 2018 established important legal precedent at the state and federal levels regarding gun dealer responsibility for online sales of firearms.
Given the significance of this lawsuit, Cohen Milstein was named to The National Law Journal’s 2019 Pro Bono Hot List and won a Trial Lawyer of the Year award from the Public Justice Foundation. Ray was a co-author of “INSIGHT: Holding Firearms Dealers Accountable for Online Straw Sales,” Bloomberg Law, which discussed the case and won a 2019 Burton Award for Distinguished Legal Writing.
- Senior Policy Advisor and Counsel, Mayor’s Office, City of New York, 2010-2014
- Willkie Farr & Gallagher LLP, Associate 2005-2010
- Intern, the Hon. Judge Clarence Newcomer, U.S. District Court for the Eastern District of Pennsylvania, 2003
- New York
- University of Pennsylvania, J.D., 2005
- University of North Carolina at Chapel Hill, B.A., 2002
Northwest Biotherapeutics, Inc. v. Canaccord Genuity LLC, et al. (S.D.N.Y.): Cohen Milstein is leading this securities litigation against market makers Canaccord Genuity LLC, Citadel Securities LLC, G1 Execution Services LLC, GTS Securities LLC, Instinet LLC, Lime Trading Corp., Susquehanna International Group LLP, and Virtu Americas LLC for repeated market manipulation tactics involving the spoofing of company stock.
Phunware, Inc. v. UBS Securities (S.D.N.Y.): Cohen Milstein is leading this securities litigation against UBS Securities for Its repeated market manipulation tactics involving the spoofing of Phunware's stock.
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.
Vivian Englund v. World Pawn Exchange, LLC (Cir. Crt., Coos Cnty., Or.): Cohen Milstein successfully represented the estate of a Kirsten Englund in a wrongful death case of first impression in Oregon state court and nationally, addressing the legal liability for federally licensed firearms dealers involved in online straw sales. The landmark settlement (October 2018) establishes important legal precedent at the state and federal levels regarding gun dealer responsibility for online sales of firearms.
January 30, 2024
Protecting Market Participants from Manipulative Trading
Cohen Milstein has developed a series of innovative cases to hold trading firms and individuals accountable when they engage in manipulative securities transactions.
Articles | Shareholder Advocate Winter 2024
January 30, 2024
Shareholder Advocate Winter 2024
Read the Winter 2024 edition of the Shareholder Advocate, our securities litigation and investor protection newsletter.
Resources | Cohen Milstein
July 26, 2023
UBS Accused of Spoofing Stock of Trump-Linked Software Company
A unit of UBS Group AG was accused in a New York lawsuit of using deceptive spoof orders to manipulate the shares of a software company that worked on Donald Trump’s 2020 reelection campaign. Phunware Inc., based in Austin, Texas, sued UBS Securities LLC Tuesday in federal court in Manhattan, alleging it “deliberately engaged in […]
In the News | Bloomberg
July 25, 2023
Phunware Files Lawsuit Against UBS Securities for Market Manipulation
FOR IMMEDIATE RELEASE: July 25, 2023 Contact: firstname.lastname@example.org PHUNWARE FILES LAWSUIT AGAINST UBS SECURITIES FOR MARKET MANIPULATION NEW YORK, NY – Today, Phunware, Inc. (NASDAQ: PHUN) filed a lawsuit against UBS Securities, LLC, one of the largest and most influential broker-dealers in the world, alleging repeated manipulation of the company’s stock over a two-year period. Phunware is a […]
Press Releases | Cohen Milstein
June 12, 2023
Cohen Milstein Submits Comment Letter to NHTSA Advocating for Increased Incentives for Automobile Safety Whistleblowers
Gary L. Azorsky and Raymond M. Sarola attorneys within Cohen Milstein’s Whistleblower/False Claims Act practice, submitted a comment letter to the National Highway Traffic Safety Administration (NHTSA) in response to its proposed rules for implementing its whistleblower program. We represent individuals who submit claims under federal and state whistleblower programs, including NHTSA’s whistleblower program which […]
March 21, 2023
BankThink: Treasury Should Model New AML Whistleblower Rules on SEC’s
By Raymond M. Sarola and Regina D. Poserina The Treasury Department has a rare opportunity on its hands. Significant changes to its anti-money-laundering whistleblower program have the potential to cripple money-laundering networks by altering the landscape for financial services professionals. The question is — will it work in practice? The answer depends on how the […]
Articles | American Banker
July 14, 2022
“Justice Department Files Lawsuit Alleging Fresenius Charged for Unneeded Access Procedures”
U.S. Department of Justice filed a civil complaint in federal court against Fresenius Vascular Care Inc. alleging that the company billed Medicare and other health plans for more than 1,000 unnecessary procedures in their access centers. “…For the [Fresenius Vascular Access Centers (FVACs)] located in New York from about January 1, 2012, through June 30, […]
In the News | Healio
July 13, 2022
Feds Accuse Fresenius Unit of Fraud Over Repeat Surgeries
The federal government lodged a False Claims Act complaint in Brooklyn federal court Tuesday accusing a Fresenius Medical Care Holdings subsidiary of performing unnecessary vascular procedures on dialysis patients to boost revenues. The U.S. Attorney’s Office for the Eastern District of New York filed a civil complaint in intervention to take the helm of an eight-year-old whistleblower suit alleging […]
In the News | Law360
July 13, 2022
“Brooklyn U.S. Attorney Intervenes in False Claims Act Suit Against Dialysis Company”
The False Claims Act suit alleges that the defendants billed federal programs including Medicare and Medicaid for the cost of procedures, some of which were “risky and often unnecessary.” The U.S. Attorney’s Office for the Eastern District of New York on Tuesday intervened in a lawsuit against Fresenius Vascular Care, which has been accused of […]
In the News | New York Law Journal
July 13, 2022
“New York Files False Claims Act Case Against Fresenius in Whistleblower Suit”
Dive Brief: New York state formally filed a False Claims Act case against dialysis company Fresenius on Tuesday, joining a major whistleblower lawsuit against the provider. The suit brought by the Eastern District of New York alleges Fresenius and a subsidiary illegally nabbed hundreds of millions of dollars from the government by performing potentially thousands of medically […]
In the News | Healthcare Dive
July 13, 2022
United States Files Claims Alleging Fresenius Vascular Care, Inc. Defrauded Medicare and Other Healthcare Programs by Billing for Unnecessary Procedures Performed on Dialysis Patients
FOR IMMEDIATE RELEASE Civil Fraud Complaint Alleges Unnecessary Procedures Performed on Patients with End Stage Renal Disease Were Potentially Harmful The United States filed a civil complaint yesterday in federal court in Brooklyn against Fresenius Vascular Care, Inc. (“Fresenius”) alleging that the company performed unnecessary procedures on dialysis patients at nine centers across New York […]
In the News
June 3, 2022
“DOJ Joins Whistleblower Suit Accusing Fresenius Medical Care of Performing Thousands of Unnecessary Vascular Procedures”
Two doctors allege in a lawsuit that the country’s largest dialysis provider performed potentially thousands of unnecessary, invasive vascular procedures on late-stage kidney disease patients and fraudulently charged Medicare and Medicaid for these procedures. The Department of Justice has now joined the False Claims Act whistleblower lawsuit filed against dialysis giant Fresenius Medical Care, according […]
In the News | Fierce Healthcare
May 12, 2022
Federal Government Joins Whistleblower Lawsuit Filed by Two Physicians Against Nationwide Dialysis Company
FOR IMMEDIATE RELEASE On April 18, 2022, the United States partially intervened in a whistleblower lawsuit brought by Cohen Milstein Sellers & Toll, PLLC on behalf of our clients, Dr. John Pepe and Dr. Richard Sherman, against Fresenius Medical Care North America (“FMCNA”) and one of its business units, Azura Vascular Care (“Azura”), and several […]
In the News
April 8, 2022
Cohen Milstein’s Whistleblower Group Submits Comment Letter on SEC’s Proposed Whistleblower Program Rules, 87 Fed. Reg. 9280 (Feb. 18, 2022)
Gary L. Azorsky, co-chair of Cohen Milstein’s Whistleblower/ False Claims Act practice group, along with co-chair Jeanne A. Markey, and Raymond M. Sarola, submitted a comment letter to the Securities and Exchange Commission (SEC) in response to the SEC’s proposed whistleblower program rules, 87 Fed. Reg. 9280 (Feb. 18, 2022) (the “Proposed Rules”). Cohen Milstein represents individuals who submit claims […]
March 24, 2022
Private Equity, Health Care, and Profits: It’s Time to Protect Patients
By Jeanne A. Markey and Raymond M. Sarola In his State of the Union address, President Biden expressed concern with the growing — and troubling — trend of private equity ownership and operation of nursing homes and the inherent risk it presents to care of their residents. Between 2010 and 2019, such equity deals in […]
Articles | STAT
January 4, 2022
How Telehealth Became a Big Target for Fraudsters
While the expansion of telehealth during the pandemic benefits patients, the current situation is ripe for fraud By Raymond M. Sarola and Regina D. Poserina, Cohen Milstein Sellers & Toll PLLC The Covid-19 pandemic has caused a dramatic increase in the use of telehealth services, and this higher usage is likely to continue in the […]
Articles | TAF Education Fund
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
November 12, 2021
Cohen Milstein Whistleblower Group Urges the IRS to Revise Its Information Referral Process to Promote Awareness and Use of Its Whistleblower Program
Comment Letter: The IRS Should Direct Individuals with Information on Tax Fraud to File a Whistleblower Claim PHILADELPHIA – Gary L. Azorsky, co-chair of Cohen Milstein’s Whistleblower and False Claims Act practice group, along with co-chair Jeanne A. Markey, and Raymond M. Sarola, submitted today a comment letter on the group’s behalf to the Internal […]
October 28, 2021
“Importance of Whistleblowers in False Claims Act Lawsuits – Kaiser Permanente/MAO”
By Jeanne Markey and Ray Sarola In the six whistleblower lawsuits against Kaiser Permanente consortium members in which the Department of Justice intervened in July 2021, the whistleblowers allege that Kaiser violated the False Claims Act in its operation of Medicare Advantage plans—specifically that Kaiser caused its doctors to create after-the-fact “addenda” to patients’ medical […]
Articles | The Legal Intelligencer
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
September 30, 2021
“Whistleblowers: About as Rare as Lightning Injuries,” Taxpayers Against Fraud: Fraud By The Numbers
Originally published by Taxpayers Against Fraud on September 30, 2021. By Raymond Sarola of Cohen Milstein Sellers & Toll PLLC If you are an avid movie watcher – as many of us have become over the last two years – it may seem like whistleblowers are very common. After all, they are heroes of popular films […]
July 26, 2021
NCLC’s Federal Deception Law, Chpt. 9, “The Federal False Claims Act and Other Whistleblower Laws,” Updated By Gary L. Azorsky and Jeanne A. Markey
Released on July 26, 2021, Federal Deception Law, Chapter 9, “The Federal False Claims Act and Other Whistleblower Laws,” National Consumer Law Center Digital Library, was updated by Cohen Milstein’s Gary L. Azorsky and Jeanne A. Markey, Co-Chairs of Cohen Milstein’s Whistleblower / False Claims Act practice, with the assistance of Raymond M. Sarola, Of […]
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 email@example.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
June 5, 2020
“Those Who Learn of Fraud Have an Important Role to Play During Pandemic,” The Legal Intelligencer
By Jeanne Markey and Raymond Sarola Extraordinary times call for extraordinary measures. With the enactment of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the economic collapse caused by the coronavirus will be met with unprecedented levels of government fiscal intervention to restore and stabilize our nation’s ailing economy. Given its over $2 trillion dollar […]
February 8, 2019
“‘Cloud of Secrecy’ in Medicare Advantage Plans Can Create an Environment for Fraud,” STAT
If you believe you may have a whistleblower claim or if you’d like to learn more about our Whistleblower and False Claims Act practice, please contact us at firstname.lastname@example.org or 202.408.4600 for a confidential and free-of-charge consultation. By Jeanne A. Markey and Raymond M. Sarola Over the last two decades, federal and state governments have […]
January 24, 2019
Winter 2019 Edition of the Shareholder Advocate
The Winter 2019 edition of the Shareholder Advocate includes: A Clear and Present Danger: The Continued Threat of Forced Arbitration of Investor Securities Claims – Carol V. Gilden Cohen Milstein Beats Motion to Dismiss in Stock Loan Antitrust Case and Advances to Discovery – Christina D. Saler Case to Watch: First Solar Inc. v. Mineworks […]
Articles | Cohen Milstein
January 24, 2019
“Firearm Company Shareholders Propose Industry Principles,” Shareholder Advocate Winter 2019
By Raymond M. Sarola Responding to continued mass shooting tragedies, some public pension funds that own stock in companies that manufacture, distribute, and sell firearms are promoting responsible gun industry practices as a way to protect the value of their shares and enhance public safety. Public funds from California, Connecticut, Florida, Maine, Maryland and Oregon […]
December 19, 2018
“INSIGHT: Holding Firearms Dealers Accountable for Online Straw Sales,” Bloomberg Law
By Julie G. Reiser, Raymond M. Sarola, Molly J. Bowen, and Sally Handmaker Guido Given the epidemic levels of gun violence in America and the increasing shift to online commerce, a recent suit in Oregon established new legal precedent at the state and federal level to hold dealers accountable for unlawful straw sales and provides […]
October 12, 2018
“Settlement Could Prompt Changes in Online Gun Sales, Group Says,” Bloomberg Law
First case to succeed against online gun dealer, anti-gun-violence advocate says Industry changes, legislative efforts may follow An online gun dealer and an Oregon pawn shop will change their business practices and pay $750,000 to the family of a woman killed in a shooting, the Brady Center to Prevent Gun Violence and other attorneys for […]
In the News
October 11, 2018
Brady Center and Cohen Milstein Announce Landmark Settlement Against Internet and Retail Gun Dealers in Precedent-Setting Oregon Lawsuit
FOR IMMEDIATE RELEASE Washington, D.C. – In April 2013, Kirsten Englund was shot and killed by a mentally troubled man whose mother had illegally purchased two guns on his behalf. Today, Kirsten’s family is announcing a landmark settlement in their lawsuit against J&G Sales, a national online gun dealer, and World Pawn Exchange, a firearms dealer […]
In the News
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 email@example.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
October 5, 2016
“DOJ Approach to Skilled Nursing Facility Fraud is Affirmed,” Law360
Last month, in U.S. ex rel. Hayward v. SavaSeniorCare LLC, the Tennessee district court emphatically rejected the efforts made by defendant operators of a large nursing home chain to dismiss the U.S. Department of Justice’s False Claims Act complaint alleging a chainwide pattern of administering unnecessary skilled therapy to inflate Medicare reimbursement amounts. This opinion should help […]