Shepherd, Finkelman, Miller & Shah, LLP ("SFMS" or the "Firm") has broad experience in handling legal issues related to fraudulent claims, whistleblower protection and qui tam recoveries under the federal False Claims Act and Dodd-Frank legislation and similar state laws. Our attorneys are powerful and proven advocates for employees, executives and citizens who come forward to assist the government in exposing fraud and illegal activities.
With numerous offices across the United States, SFMS has the capability to handle whistleblower cases nationwide. SFMS also teams with Raffaele Scalcione in Milan, Italy, to assist clients in Italy and other European countries and to assist whistleblowers as they navigate through the complex process of asserting whistleblower claims. The Firm's affiliation with additional overseas law firms via the Integrated Advisory Group also enables us to engage in False Claims Act and whistleblower cases originating in or impacting the U.S. but involving significant extraterritorial aspects in the U.K. and the European Union.
The attorneys at SFMS have extensive experience with various types of qui tam lawsuits and whistleblower claims, including:
- False Claims Act - Fraudulent claims against federal agencies
- Dodd-Frank whistleblowers - Fraud in the securities industry
- Anti-Kickback violations - Illegal kickbacks to medical providers
- FIRREA violations - Fraudulent practices in the banking industry
- IRS whistleblowers - Corporate schemes to defraud the U.S. Treasury
- Whistleblower retaliation in violation of state and federal laws
The federal False Claims Act has proven to be an effective and powerful tool in fighting Medicare and Medicaid fraud, defense contractor fraud and other types of fraud perpetrated against the federal government. The qui tam provisions, which allow whistleblowers to file False Claims Act lawsuits against companies and individuals that defraud the government, have been a key ingredient in the False Claims Act's success, as the federal government has recovered more than $15 billion as a result of qui tam lawsuits since 1986, with whistleblowers' rewards totaling more than $2.5 billion.
SFMS attorneys have represented clients in a number of significant cases under the False Claims Act. In addition, the Firm has significant experiencing representing clients in qui tam cases brought under similar state laws against companies and individuals accused of defrauding state and local government agencies. The Firm currently is representing clients in a number of qui tam actions under the False Claims Act and state law, many of which are "under seal" and, therefore, cannot be publicly disclosed.
In many instances, False Claims Act cases are filed with the U.S. Attorney General's office or the Department of Justice ("DOJ"), with SFMS lawyers taking the lead or acting as an adjunct to the federal authorities. In some circumstances, we represent the whistleblower in prosecuting the qui tam action independent of the government investigation.
Recently, SFMS has pursued qui tam claims on behalf of whistleblowers in the banking and financial services industry in conjunction with federal prosecutions under the Financial Institutions Reform, Recovery and Enforcement Act ("FIRREA"). Enacted in response to the savings and loan crisis of the 1980s, this federal statute has proved instrumental in civil actions relating to bank fraud and mortgage fraud, bribery of loan officers, and false statements to the FDIC, HUD and other federally insured entities. FIRREA whistleblowers are entitled to a significant portion of any money that the DOJ recovers through judgment or settlement.
State, Federal and International Whistleblower Claims
To discuss potential qui tam claims under the False Claims Act or other federal or state whistleblower laws, including international whistleblowing, contact SFMS today. We handle cases statewide and internationally, from California to New York.