Edward Scarvalone

ESCARVALONE@WILLENSSCARVALONE.COM

(646) 200-6334

Edward Scarvalone is a former Assistant U.S. Attorney, an experienced trial attorney, and a veteran appellate litigator.

Ed’s practice focuses on representing whistleblowers in False Claims Act investigations and litigation.  These cases involve a wide array of frauds on the government – such as healthcare fraud, government programs, and contracting fraud.  His clients have also brought important cases involving mortgage-servicing fraud and other fraud involving financial institutions.

Ed also represents clients bringing claims under the SEC whistleblower program.  These matters involve violations of the U.S. securities laws, including misstatements in financial reports and other public disclosures, securities fraud, and bribery of foreign officials under the Foreign Corrupt Practices Act.  He also represents clients in complex business litigation cutting across a broad spectrum of industries. 

Previously, Ed served as an Assistant U.S. Attorney in the Civil Division of the U.S. Attorney's Office for the Southern District of New York, where he represented the United States in civil litigation and enforcement matters.  He successfully recovered millions of dollars for the United States in False Claims Act cases involving healthcare fraud and governmental contracting.  During his tenure, Ed was awarded the Department of Justice Director’s Award for Superior Performance.

Before launching Willens & Scarvalone LLP, Ed was a partner at another New York litigation boutique.  He began his career at Kaye Scholer LLP, where he litigated complex commercial disputes and securities fraud matters.

Representative Matters before Willens & Scarvalone

False Claims Act Cases

Represented relator in False Claims Act case against HSBC Bank for knowingly overbilling the government for reimbursement of mortgage loan-servicing expenses, resulting in $10 million recovery for the government.  U.S. ex rel. John Doe v. HSBC Bank USA, N.A., 13 Civ. 1467 (TPG) (S.D.N.Y.).

Represented the United States in obtaining recovery $3.3 million against global family-planning services provider for knowingly failing to return unused funds to U.S.AID.  U.S. ex rel. Smith v. AVSC Int’l and EngenderHealth, 01 Civ. 788 (RWS) (S.D.N.Y.).

On behalf of United States, recovered $3.7 million in healthcare fraud case against durable medical equipment (DME) supplier and its principals.  U.S. v. Electro-Therapeutics, 94 Civ. 4008 (DC), 1996 WL 137687 (S.D.N.Y. March 27, 1996).

Represented United States in obtaining recoveries against manufacturers of orthopedic devices for providing kickbacks to Medicare beneficiaries.  U.S. ex rel. Barmack v. Sutter Corp., 95 Civ. 7637 (KTD) (S.D.N.Y.).

SEC Whistleblower Matters

Representing whistleblowers bringing forward original information about violations of the U.S. securities laws, involving misstatements in financial records, bribery of foreign officials, and securities fraud. 

Business Litigation

Obtained favorable (de minimis) settlement for investment firm sued for alleged alter ego liability.

Represented the Republic of Argentina in breach-of-contract and securities lawsuits (including putative class action) arising from the expropriation of Argentina’s largest oil-and-gas company.  Repsol YPF, S.A. v. Republic of Argentina, No. 12 Civ. 3877 (S.D.N.Y.); Repsol YPF, S.A. v. Republic of Argentina, No. 12 Civ. 4018 (S.D.N.Y.).

Obtained TRO and pre-judgment attachment relief on behalf of investors defrauded by large Long Island-based Ponzi scheme.  Monteleone v. The Leverage Grp., 08 Civ. 3129 (CPS), 2008 WL 4541124 (E.D.N.Y. Oct. 7, 2008).

Defended the Republic of Argentina in litigation raising important first-impression issues concerning the enforcement of ICSID arbitration awards.  Blue Ridge Investments, LLC v. Republic of Argentina, 902 F. Supp. 2d 637 (S.D.N.Y. 2012), affd, 735 F.3d 732 (2d Cir. 2013).    

Represented United States in enforcing terms of consent decree and pursuing contempt proceedings against construction union’s district council and president.  U.S. v. N.Y.C. Dist. Council of Carpenters, 229 Fed. Appx. 14 (2d Cir. 2007).

On an issue eventually affirmed by the Supreme Court, obtained summary judgment dismissal of industry association’s challenge to IRS’s method of calculating aggregate tip income.  LIR Management Corp. v. United States, 86 F. Supp. 2d 230 (S.D.N.Y. 2000).

Prevailed at jury trial in tax refund case arising out of entertainment business’s misclassification of its workers.  303 West 42nd St. Enterps. v. IRS, 2000 WL 666339 (S.D.N.Y. May 22, 2000). 

Obtained summary judgment on fraudulent conveyance and CERCLA cost-recovery claims against a New York manufacturer and principal owner.  United States v. Barrier Industries, 991 F. Supp. 678 (S.D.N.Y. 1997). 

Education:

  • Rutgers Law School, J.D., 1986 (Articles Editor, Rutgers Law Review)
  • Columbia College, B.A., 1981

Bar Admissions:

  • New York State
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. Court of Appeals, Second Circuit

Memberships and Activities:

  • New York City Bar Association: Environmental Law Committee
  • Federal Bar Council
  • Pro Bono Panel, U.S. Court of Appeals, Second Circuit

Past Employment Positions:

  • Doar Rieck Kaley & Mack, 2007 - 2015
  • U.S. Attorney's Office, Southern District of New York, 1991 - 2007
  • Fordham Law School, Associate Adjunct Professor, 1994 - 1996
  • Spengler Carlson Gubar Brodsky & Frischling, 1990 - 1991
  • Kaye Scholer LLP, 1986 - 1990