Whistleblower
Champions for the courageous
who report fraud.
Our nation’s whistleblower laws embody the wisdom that ordinary Americans are oftentimes best positioned to monitor and report on fraud.
Overview
Whistleblowers play an important role in exposing illegal activity and holding companies accountable for fraud.
We represent courageous individuals who report fraud against the government. As you would expect, fraud against the government can arise in a range of contexts. It includes defrauding 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 then it does not receive what it bargained 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 whistleblower claims under federal and state false claims acts and other fraud reporting programs including the whistleblower programs of the Securities and Exchange Commission, Commodity Futures Trading Commission, and Internal Revenue Service.
Gary L. Azorsky leads a dedicated team that has recovered billions in defrauded funds for federal and state governments, including hundreds of millions of dollars for whistleblowers.
Confidentiality
Doing the right thing by reporting fraudulent activity can seem like a risky endeavor. We understand the stress and uncertainty that comes with deciding to report fraud. Be assured, when you entrust us with information about potentially fraudulent activity, your confidentiality is of paramount concern throughout our initial consultation, investigation and any litigation. We represent:
- 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.
We carefully evaluate any claim a whistleblower brings forward given that we represent clients on a contingency basis, heavily investing our time and resources to demonstrate our belief in a case’s value. We receive a fee only when we succeed.
If the government intervenes in your case and recovers lost revenue or financial damages from the company, you may receive a whistleblower award, 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.
Fraud can be reported, and awards received, anonymously.
Not all misconduct is covered by whistleblower reward law. Each law defines the scope of covered misconduct, the type of individual who may be eligible for a reward, and mandatory procedures for reporting. Qualifying for and receiving a reward under these laws requires a careful understanding of, and adherence to, these rules.
We work on claims involving:
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.
U.S.A. v. Janssen Biotech, Inc.
U.S.A. v. Janssen Biotech, Inc. (D. Mass.): Cohen Milstein represents the plaintiff-relator in a whistleblower/qui tam lawsuit against Janssen Biotech (a subsidiary of Johnson & Johnson), alleging that the manufacturer of the rheumatoid arthritis drugs Remicade and Simponi ARIA violated federal law by engaging in a scheme through which it provided physicians free practice management and infusion business consulting services over an extended period to induce the physicians to purchase Remicade and Simponi ARIA and administer these drugs to patients, including Medicare beneficiaries, via infusions performed in their offices.
Past Cases
COVID-19 Waiver Program FCA Litigation
United States et al., ex rel. Bay Area Whistleblower Partners v. ReNew Health Group LLC et al. (C.D. Cal.): Cohen Milstein represented whistleblowers in a lawsuit alleging that ReNew Health, which owns and operates dozens of nursing facilities throughout California, submitted millions of dollars of false claims to Medicare and California Medicaid under the COVID-19 waiver program for skilled care beginning at the start of the pandemic in March 2020. The whistleblower lawsuit prompted an investigation by the U.S. Department of Justice and the California Department of Justice’s Division of Medi-Cal Fraud and Elder Abuse. This investigation culminated in the first False Claims Act settlement regarding fraud in the COVID-19 Waiver Program, totaling more than $7 million.
Commonwealth of Pennsylvania v. International Business Machines Corp.
Commonwealth of Pennsylvania v. International Business Machines Corp. (Crt. Common Pleas, Dauphin Cnty., Penn.): Cohen Milstein represented the Commonwealth of Pennsylvania, Department of Labor and Industry in a breach of contract dispute against IBM related to the modernization of an unemployment compensation delivery system for the Commonwealth. On August 24, 2021, the parties announced, after extensive discovery and the exchange of expert reports, that they had reached a confidential settlement.
USA, State of Maryland ex rel. J. Doe v. Shore Health System, Inc.
United States of America and The State of Maryland ex rel. J. Doe v. Shore Health System, Inc. (D. Md.): Cohen Milstein represented the whistleblower who brought forward and filed a qui tam lawsuit, alleging that Shore Health System, a subsidiary of the University of Maryland Medical System that operates two hospitals and several non-hospital outpatient centers located on Maryland’s Eastern Shore, overcharged the Medicare and Maryland Medicaid programs between 2014 – 2018 for services provided to Medicare and dual eligible Medicare and Medicaid beneficiaries. On July 16, 2021, the Maryland U.S. Attorney’s Office and the State of Maryland reached a $9.5 million settlement.