Wars and disasters generally bring forth the best in people – courage, heroism, solidarity.  Unfortunately, however, calamities also present irresistible opportunities for corruption and fraud among those who would take advantage.  Now, it is feared that the massive government spending that is being deployed to fight the coronavirus pandemic may spur new exploitative schemes, potentially diverting billions of dollars of government funds intended to help virus victims and stimulate the economy into the pockets of scammers. 

Kirby McInerney LLP has settled a significant False Claims Act case on behalf of a whistleblower client against a compounding pharmacy FPR Specialty Pharmacy, its owners Christopher Casey and Billy Rue, and affiliated business Mead Square Pharmacy, all from the Rochester, New York area.

The exchange-based investor class, represented by attorneys at Kirby McInerney LLP and Lovell Stewart Halebian Jacobson LLP, won initial approval of a $187 million settlement with Deutsche Bank, JPMorgan and five other big banks in a complex, multidistrict case claiming that the banks rigged the London Interbank Offered Rate benchmark.

Kirby McInerney Partner Randall Fox was quoted in this Bloomberg Tax article about tax-related false claims suits. California, Michigan, and the District of Columbia are considering bills that add tax code violations to the list of actionable frauds coming under their false claims laws. Mr. Fox notes that New York’s tax whistleblower law has resulted in “very stong and important cases.”

“Kirby played an integral role in this case and assumed significant risk… Kirby’s work was at a very high level [and] Kirby’s work greatly benefited the Class.”

“Let me just say… that this has been an extraordinarily well-tried case. I want to thank counsel for both sides and your supporting staffs for your courtesies to the bench. I was very impressed by the fact that you were all so very well prepared with the demonstratives and the binders, etc…. it was all expertly – expertly – choreographed.”

KM received the highest available commendations from the City of New York four years in a row for its work on the AWP Litigation. In each of those four years, KM’s efforts on the City’s behalf received the overall rating of “excellent”. The City elaborated, “Kirby did a truly excellent job and the results reflect that.”

“[KM] represented us diligently and successfully. Throughout [KM’s] representation of our firm, [KM’s] commitment and attention to client concerns were unimpeachable.”