Personal Attention. Reliable Advice.

Jonathan Willens and Ed Scarvalone have practiced law in New York City for over 30 years, working in large and small law firms and the United States Attorney’s Office for the Southern District of New York. Our colleague Heidi Wendel has supervised False Claims Act cases for both the U.S. Attorney and the New York State Attorney General.

All of us have handled jury trials, large matters with dozens of depositions, and appellate arguments up to the United States Supreme Court. We apply our experience and strategic judgment to all of our cases.

Representative Cases

In 2021, information provided by our client resulted in Wells Fargo paying over $70 million for defrauding its customers.

U.S. v. Wells Fargo Bank, N.A., 21 Civ. 8007 (S.D.N.Y.)

Based on information provided by our client, the U.S. Attorney’s Office for the Southern District of New York brought an enforcement action under the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) against Well Fargo Bank. In 2021, the government announced a settlement in which the bank agreed to pay over $70 million in penalties and restitution, including $35 million that the bank has already paid to its defrauded foreign exchange customers. Our client received the maximum whistleblower share allowed under the FIRREA statute.

In the settlement, Wells Fargo admitted that it defrauded over 770 customers who used the Bank’s foreign exchange services from 2010 to 2017. Most of these customers were unsophisticated business owners who entered into fixed-price agreements with the Bank expecting to pay standard fees to buy and sell foreign currency. Instead, the Bank grossly overcharged its customers and obtained millions of dollars in violation of the mail fraud, wire fraud and bank fraud statutes.

In 2017, our complaint resulted in a $30 million recovery for the government.

U.S. ex rel. Gomez v. Total Call Mobile, Inc., 15 Civ. 8869 (S.D.N.Y.)

We represented a relator with inside information that a California-based telecommunications company and its affiliates knowingly overbilled the FCC’s Lifeline program over several years. Our client received a relator share under the False Claims Act.

Two New York doctors were convicted of healthcare fraud based on our client’s complaint.

U.S. ex rel. Kelly v. City Medical Associates, P.C., 15 Civ. 7261 (S.D.N.Y.)

The Government intervened in our client’s case against a New York City cardiology practice that defrauded Medicare and Medicaid programs of more than $57 million by performing unnecessary tests, making false statements to insurers, and other misconduct. Criminal proceedings resulted in convictions of two physicians for healthcare fraud. The Government continues to purse civil remedies under the False Claims Act.

A major research institute settled allegations that it used federal funds for worthless studies.

U.S. ex rel. Wendel v. NDRI, 15 Civ. 3950 (S.D.N.Y.)

In 2017, we resolved this important case on behalf of a prominent researcher who alleged fraud in the conduct of a National Institutes of Health grant. According to the complaint, the defendant materially changed the scope of its federally funded study while making false statements to NIH, published worthless reports in public health journals and fired the whistleblower for reporting his concerns.

We obtained a judgment against the perpetrator of a fraudulent investment scheme and helped obtain his criminal conviction.

Bernard v. Lombardo, 16 Civ. 863 (S.D.N.Y.)

We represented the plaintiffs in an action alleging securities fraud and breach of contract against a Long Island-based businessman and his companies. The Court entered judgment against several defendants for $1.6 million, exceeding the original amount of our clients' investment. Our investigation also contributed to a successful enforcement action by the Securities and Exchange Commission and a federal guilty plea.

Sealed Cases

Several of our current cases are sealed while they are under investigation by the Department of Justice and the New York State Attorney General. These cases involve alleged kickbacks paid to physicians by a pharmaceutical company, and fraud by the owner of a chain of skilled nursing facilities who billed Medicare and Medicaid for unnecessary physical therapy.