• “Highest Possible Rating
    in Both Legal Ability
    & Ethical Standards” – AV Preeminent™ Rating
  • ONE OF THE FIRST LAW FIRMS
    TO REPRESENT
    “TAX WHISTLEBLOWERS”
    IN THE NEW IRS
    WHISTLEBLOWER PROGRAM
  • consulted by congress
    in creating the new sec
    whistleblower program
    and cftc whistleblower
    program
  • experienced in both
    prosecuting and defending
    whistleblower cases
    under the false
    claims act
  • unique civil and criminal
    experience - lawyers
    who have prosecuted
    and defended
    fraud and tax cases

The authors represent whistleblowers / Renée Brooker (former Assistant Director for Civil Frauds/Justice Department) reneebrooker@finchmccranie.com (202) 288-1295 / Eva Gunasekera (former Senior Counsel for Health Care Fraud/Justice Department) eva@finchmccranie.com

The Department of Justice needs whistleblowers to report fraud involving the payments of kickbacks to doctors to induce referrals of patients

On March 21, 2019, DOJ announced that MedStar Health Paid $35 Million to Resolve Allegations that it Paid Kickbacks to a Cardiology Group in Exchange for Referrals

The authors represent whistleblowers / Renée Brooker (former Assistant Director for Civil Frauds/Justice Department) reneebrooker@finchmccranie.com (202) 288-1295 / Eva Gunasekera (former Senior Counsel for Health Care Fraud/Justice Department) eva@finchmccranie.com

The Department of Justice is continuing to fight the ongoing drug epidemic by pursuing companies and individuals that fraudulently compound medications, according to this DOJ press release issued on March 15, 2019.  DOJ needs whistleblowers to step forward.

Seven People Charged in $50 Million Health Care Fraud Conspiracy Targeting State Health Benefits Programs

The authors represent whistleblowers / Renée Brooker (former Assistant Director for Civil Frauds/Justice Department) reneebrooker@finchmccranie.com (202) 288-1295 / Eva Gunasekera (former Senior Counsel for Health Care Fraud/Justice Department) eva@finchmccranie.com

DOJ settled a case involving drug screening and testing fraud of Medicare patients, according to this DOJ press release issued on March 15, 2019.  DOJ needs whistleblowers to step forward.

New London Psychiatrist and Mental Health Clinic Pay over $3.3 Million to Settle False Claims Act Allegations

The authors represent whistleblowers / Renée Brooker (former Assistant Director for Civil Frauds/Justice Department) reneebrooker@finchmccranie.com (202) 288-1295 / Eva Gunasekera (former Senior Counsel for Health Care Fraud/Justice Department) eva@finchmccranie.com (202) 641-3804

The False Claims Act is a Fail Safe for Attacking the Opioid Crisis – DOJ needs whistleblowers to step forward.

The False Claims Act is needed to fight the opioid crisis with the help of whistleblowers. While it may be a blunt tool compared to sensible laws aimed at addressing the root causes of addiction, the False Claims Act will address the terrible economic and health effects of opioids wrought by wrongdoers willing to exploit others for financial gain—just as it was used effectively during the financial crisis.

Through a $465 million settlement, Finch McCranie’s Michael A. Sullivan and James J. Breen of the Breen Law Firm successfully represented a whistleblower whose qui tam case under the False Claims Act helped return hundreds of millions to the United States and various states for Medicaid rebates underpaid on new EpiPen products introduced in 2009.

The Department of Justice announced the settlement on August 17, 2017, of two qui tam cases pending in the District of Massachusetts, United States, et al. ex rel. sanofi-aventis US LLC v. Mylan Inc., et al., and our case, United States, et al. ex rel. Ven-A-Care of the Florida Keys, Inc. Mylan Inc., et al..

These cases illustrate the importance of the False Claims Act to uncover and stop fraud and false claims in health care and other industries, which harm taxpayers by stealing taxpayer dollars needed to provide medical care and other services.

Today the Department of Justice announced the largest settlement in its history with a skilled nursing facility chain–a qui tam whistleblower case under the False Claims Act that our firm and our co-counsel Mark Simpson worked side-by-side with DOJ to prepare for trial.

We applaud the exceptional work of DOJ’s attorneys, as well the outstanding attorneys of the U.S. Attorney’s Office for the Eastern District of Tennessee.  Below is our press release on today’s settlement:

$145 Million Settlement in Groundbreaking Health Care Fraud “Whistleblower” Case by Atlanta’s Finch McCranie LLP and U.S. Department of Justice

This past week our firm’s Larry D. Thompson,  the former Deputy Attorney General of the United States, joined me for a panel discussion that I moderated on “The False Claims Act at 30,” at the annual Taxpayers Against Fraud Annual Conference in Washington, D.C.

Joining us on the panel were the Department of Justice’s Renee Brooker, an Assistant Director in the Civil Division with 25 years of DOJ experience; James J. (Jim) Breen, an accomplished qui tam lawyer whose cases have recovered almost $4 billion for federal and state taxpayers; and Neil Getnick, Chairman of TAF and an accomplished FCA lawyer in his own right.

Larry provided his observations about the importance of meaningful compliance programs to prevent and detect fraud within organizations.  He continues to share his perspective gained from years of government service, private practice, and as general counsel to a major corporation, with in-house counsel who contact him for advice.

We are proud to announce that Finch McCranie partner and head of its Whistleblower practice Michael A. Sullivan has been named to the “SuperLawyers” list for the eleventh consecutive year.

Yesterday the Justice Department apparently responded to the frequent lament, “Why has almost no one gone to prison for the financial crisis?” DOJ signaled that it will now look to hold responsible both culpable individuals and their companies for corporate misdeeds–both criminally and civilly.

If DOJ means what it says, this policy change is profound. It should hit corporate officers whose business models are based on fraud and false claims. It should also snare high level executives who turn a blind eye to wrongdoing, and who typically get away with it.

Corporations can act only through the humans who run them. Sometimes those humans steer the business to corrupt methods.

Until yesterday’s change in DOJ policy, however, the few corporations brought to heel by DOJ for crimes, fraud, or false claims absorbed the consequences, while the individuals who directed the wrongdoing usually escaped responsibility. Those individuals were free to continue their corrupt practices at the same firm or a different one.

New U.S. Deputy Attorney General Sally Yates plans to change that result. As a federal prosecutor in Atlanta, Yates was not afraid of pursuing big cases against individuals and their companies, as I learned from representing clients in some of those cases.

Yesterday Yates issued a Memorandum titled, “Individual Accountability for Corporate Wrongdoing.” It is far-reaching, if implemented. Yates announced “six key steps to strengthen [DOJ’s] pursuit of individual corporate wrongdoing, some of which reflect policy shifts and each of which is described in greater detail below:
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Sean McKessy of the SEC Whistleblower Program is right to continue his mission against muzzling whistleblowers through “confidentiality” agreements, for one simple reason:

Intimidating witnesses from reporting fraud is a form of obstruction of justice.

Although “confidentiality” agreements may appear innocent on their face, a company’s suggesting in any way that its employees refrain from reporting fraud or other violations of securities laws crosses the line. Too often, that is often the effect of these agreements–if not the intent as well.

The SEC took action last month in filing and settling charges against KBR Inc. It announced this “first enforcement action against a company for using improperly restrictive language in confidentiality agreements with the potential to stifle the whistleblowing process.”

The SEC said that, in internal investigations, KBR required witnesses to sign confidentiality statements warning that they could face discipline and be fired if they discussed the matters with outside parties without the prior approval of KBR’s legal department. The SEC found that KBR violated SEC Rule 21F-17, which bars firms from impeding whistleblowers from reporting possible securities violations to the SEC.

As Mr. McKessy observed, “KBR changed its agreements to make clear that its current and former employees will not have to fear termination or retribution or seek approval from company lawyers before contacting us.” He warned that “[o]ther employers should similarly review and amend existing and historical agreements that in word or effect stop their employees from reporting potential violations to the SEC.”

Bloomberg BNA contacted me recently to comment on the prevalence of such misuse of confidentiality agreements, in a piece reprinted here in part:

“More and more we see firms attempt to conceal fraud by using ‘confidentiality agreements’ to intimidate witnesses from reporting wrongdoing to authorities,” said Michael Sullivan, a partner at Finch McCranie LLP, Atlanta, who represents SEC whistle-blowers.
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