We represent whistleblowers in False Claims Act investigations and litigation. The federal False Claims Act provides a powerful weapon against contractors, banks, and hospitals that overcharge the government or make false statements to obtain public funds they are not entitled to receive. The New York State False Claims Act also permits lawsuits against people and companies who avoid paying taxes to the state, such as income, estate and sales taxes. If successful, the whistleblower often shares in the government’s recovery. But the False Claims Acts are loaded with procedural land mines and strategic complexities that can leave whistleblowers with no recovery at all. Our experience handling False Claims Act investigations (first as government prosecutors, and now in private practice) enables us to avoid these procedural pitfalls and focus the government’s attention and resources on investigating our clients’ claims.
SEC Whistleblower Investigations
Under the SEC's Whistleblower Program, anyone who provides original information of securities violations to the SEC may be entitled to a share of the government’s recovery. We represent whistleblowers in submitting evidence to the SEC and providing further assistance to the SEC’s investigators. Our cases involve misstatements and omissions in financial reports, as well as the bribery of foreign officials in violation of the Foreign Corrupt Practices Act. Our background as Assistant U.S. Attorneys and our experience with securities litigation helps us develop productive investigative strategies for the SEC’s enforcement attorneys. We are also ready and able to litigate any disputes regarding the appropriate share of the government’s recovery to be paid to the whistleblower.
The Financial Institutions Reform, Recovery and Enforcement Act of 1989 is a powerful enforcement tool against financial fraud. Recent history has shown that such fraud poses a threat to the integrity of markets, financial institutions, and the public. Under FIRREA, individuals with knowledge of financial fraud may bring their evidence to the U.S. Department of Justice and seek a share of the government’s recovery. We help whistleblowers submit their evidence to the government, and we advocate on their behalf regarding the share of the government’s recovery that they should receive.
We have years of experience litigating business disputes. Our partners have handled a wide variety of complex business litigation, including breach of contract, securities fraud, fraudulent conveyance, civil RICO, tortious interference, and valuation disputes. We also represent foreign sovereigns and other clients in litigation under the Foreign Sovereign Immunities Act. With our hands-on approach and efficient handling of discovery and motion practice, we can often resolve disputes more effectively than larger firms.