Watch the video above to learn more about the False Claims Act. If you have a potential claim, please contact us at whistleblower@cohenmilstein.com.

Cohen Milstein’s Whistleblower / False Claims practice group represents those courageous individuals who report fraud against  the government. As you would expect, fraud against the government  can arise in a wide range of contexts. It includes defrauding the government health care programs, frauds directed at the Department of Defense, and fraudulent government loan applications. Anytime the government has contracted with a company to acquire goods or services and the government does not receive what it was bargaining for, the possibility of fraud exists. It also includes  fraudulent activity related to taxes, securities or commodities, and safety-related motor vehicle defects.

We pursue these whistleblower claims under federal and state False Claims Acts and other fraud reporting programs including the whistleblower programs of the Internal Revenue Service (IRS), the Securities and Exchange Commission (SEC), and the Commodity Futures Trading Commission (CFTC). 

Our Services

The types of fraud that can give rise to false claims liability are myriad. A partial list of the kinds of frauds as to which we represent whistleblowers includes:

Our nation’s whistleblower laws embody the wisdom that ordinary Americans themselves are oftentimes best positioned to monitor and report on fraud.

If you are interested in confidentially discussing potential fraud on the government that you may have witnessed, please contact us at whistleblower@cohenmilstein.com for a free, confidential  interview.

We co-counsel nationwide.

Our Cases 

Over the past three decades, we have successfully represented whistleblowers in dozens of significant and innovative whistleblower cases arising under the federal and state false claims act statutes in addition to the IRS, SEC, CFTC and Motor Vehicle Safety Whistleblower programs.    

Our team’s results have included some of the largest and most significant whistleblower/False Claims Act recoveries on record, including:

  • United States of America et al., ex rel. Lauren Kieff, v. Wyeth (D. Mass.) – With our client, we worked alongside Department of Justice attorneys and states Attorneys General throughout the 12-year pendency of this case, which resulted in a $784.6 million settlement – the seventh-largest False Claims Act recovery on record in the United States and the second-largest recovery in history involving a single class of drugs.
  • Ven-A-Care Whistleblower Litigation – We represented Ven-A-Care for the Florida Keys, Inc. in eight whistleblower cases which pertained to the inflated reimbursement amounts drug companies were causing Medicare and Medicaid to pay for prescription drugs by reporting inflated wholesale prices to the government. These large, highly-successful groundbreaking cases helped pave the way for a wide range of subsequent False Claims Act cases in the realm of health care and focused on pharmaceutical manufacturers in particular. They ultimately gave rise to  over $675 million in total recoveries.

In every case, we are humbled by and honored to represent such principled clients - clients who recognize that defrauding the government harms all Americans, and who, when confronted with fraud, have chosen to inform and assist the government in stopping it.

Our Clients

Our client’s confidentiality is of paramount concern throughout the initial consultation, investigation and any litigation. Our clients include:

  • Private Citizens such as physicians, nurses, stockbrokers, program managers, financial analysts, engineers, scientists, medical coders, sales representatives or accountants, who have witnessed their company, or a company whose operations they have reason to know, engage in mis-billing, mis-leading, or mis-stating information in the course of providing goods or services being paid for with government funds. 
  • Businesses that have learned that their competitors are engaged in fraudulent schemes directed against the government. Sometimes these schemes are intended to give the competitor an unfair advantage in soliciting government business, thus triggering potential overlapping antitrust violations.

If the government intervenes and is able to recover lost revenue or financial damages from the company, our clients may receive a whistleblower award from the government, ranging from 15% - 30% of any amount recovered. These awards act as an incentive for whistleblowers to step forward and alert the government to fraud.

Our Leaders

Our Whistleblower/False Claims Act team is co-chaired by Gary L. Azorsky and Jeanne A. Markey, two of the most highly regarded whistleblower/qui tam litigators in the United States.

  • Gary L. Azorsky – With over 30 years of litigation experience, Mr. Azorsky has recovered nearly $2.5 billion in defrauded funds for federal and state governments, including hundreds of millions of dollars for whistleblower clients. Mr. Azorsky is recognized for his expertise in the False Claims Act, having provided expert guidance on the FCA in congressional hearings and before the Vermont Senate Judiciary Committee in support of the passage of the FCA for the state, as well as serving as an expert witness in a legal malpractice case concerning qui tam practice. 
  • Jeanne A. Markey – Repeatedly recognized among the Lawdragon “500 Leading Plaintiff Financial Lawyers” in the United States, Ms. Markey has successfully represented whistleblowers in federal and state cases across the country in some of highest-profile qui tam litigation in the health care, defense, financial services, and education sectors. She has also represented whistleblower clients in the connection with VA fraud, in SEC related matters, and in matters involving complex financial instruments. She has spoken publicly on various aspects of the federal False Claims Act and co-authored numerous published articles.

For more information on our Whistleblower / False Claims Act practice team members, please click here.

Our Approach

The best cases are built on the facts, the law, teamwork and creative legal minds.

We pursue a whistleblower’s case with the utmost care, confidentiality, and efficiency – from the first interview, through the preparation of the complaint and submission of supporting documentation to the government, to the presentation of your case to the government, to litigating a whistleblower case to a successful conclusion. 

We recognize that developing a close, productive working relationship with the whistleblower, one in which there is trust and an open and full exchange of information and ideas, is essential  to assembling the most compelling case possible. Our clients always know that he or she is a critical member of our team. To that end, we make it a top priority to be accessible and responsive to our clients. Ultimately, we do all we can to make the experience of serving as a whistleblower a positive and rewarding one.

Through the years, our team has developed positive  collaborative  relationships with attorneys at the U.S. Department of Justice in Washington D.C. and at U.S. Attorney General offices and state Attorneys General offices across the country. These relationships can prove invaluable when seeking to ensure that our clients’ cases receive the attention they deserve from the government, a critical aspect of vigorously representing a whistleblower client.  

For more information on how we file claims under the False Claims Act Whistleblower Statute, please click here.

If you are interested in discussing potential fraud on the government that you may have witnessed, please contact us at whistleblower@cohenmilstein.com for a free, confidential interview.

Practice Area Services