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Randall M. Fox is a partner in our New York office, focusing on whistleblower and qui tam matters.  He represents whistleblowers in state and federal False Claims Act cases and before the IRS, SEC, and CFTC Whistleblower Offices.

Mr. Fox was named the Whistleblower Lawyer of the Year for 2021 by Taxpayers Against Fraud Education Fund, which is the leading public advocacy group for whistleblowers. 

Recently, Mr. Fox was the lead counsel representing the whistleblower in the historic $105 million settlement of a tax whistleblower case under the New York False Claims Act. The firm helped its client win a $22.05 million whistleblower award (21% of the government’s recovery) in a case against a hedge fund billionaire alleged to have evaded New York State and New York City taxes. The settlement is the largest income tax recovery under the New York False Claims Act, and one of the largest state recoveries in a False Claims Act case.
 
Mr. Fox’s cases generally concern claims of tax, healthcare, procurement, and investment fraud. Mr. Fox writes and speaks frequently about whistleblower issues and has been an advocate for states and localities to incentivize whistleblowers to protect taxpayer funds and promote tax fairness.

Mr. Fox joined Kirby McInerney in 2014 after having served as the founding Bureau Chief of New York Attorney General’s Taxpayer Protection Bureau. While at the Bureau, Mr. Fox handled supervised cases alleging frauds committed against the government and taxpayer funds. Prior to being promoted to Bureau Chief, Mr. Fox was a Special Assistant Attorney General in the New York Attorney General’s Medicaid Fraud Control Unit, where he handled False Claims Act cases involving healthcare fraud.

Mr. Fox’s cases focus on a wide range of industries and services, and have included matters involving hedge funds, banking organizations, medical providers, large pharmaceutical and medical technology companies, telecommunications companies, government contractors, and large taxpayers.

Some of Mr. Fox’s recent whistleblower work includes:
 

• New York ex rel Tooley LLC v. Sandell (N.Y. Supreme Court, N.Y. County): New York False Claims Act qui tam case against a hedge fund owner for evading New York taxes on about $475 million in deferred compensation, resulting in a $105 million settlement with a 21% whistleblower award. 
• United States ex rel. Doe v. FPR Specialty Pharmacy (U.S. District Court, S.D.N.Y.): federal False Claims Act qui tam case against compounding pharmacy and its owners alleging kickbacks to doctors, independent sales representatives, and patients in the sale of pain creams, resulting in an ability-to-pay settlement for $426,000 with a 21% whistleblower award.
• New York ex. rel. Raw Data Analytics, LLC v. JPMorgan Chase (N.Y. Supreme Court, N.Y. County): New York False Claims Act qui tam case alleging that a large bank kept government money for itself by submitting false reports that hid its obligation to pay millions of dollars in interest when it was late in turning unclaimed properties over to the state; defeated the defendants’ motion to dismiss, and the case is ongoing.
• New York ex rel. Choe v. Spa Castle, Inc. (N.Y. Supreme Court, N.Y. County): New York False Claims Act case alleging that spa business in Queens underpaid taxes due to fraudulent schemes to manipulate its revenues and to pay employees in cash and off the books, resulting in a settlement of $2.5 million, with a 23% whistleblower award, and also resulting in criminal tax fraud convictions.

 
While working for the Office of the Attorney General, Mr. Fox handled and supervised several ground-breaking False Claims Act cases, including the state’s investigation and intervention into a tax whistleblower case against cell phone giant Sprint Corporation, which later settled for $330 million.
 
Before joining the New York Attorney General’s Office in 2007, Mr. Fox was a litigation partner at the law firm of LeBoeuf, Lamb, Greene & MacRae, LLP, where his practice focused on defending corporate clients in class actions, commercial disputes, and securities and consumer fraud actions.