Newsday has published an article covering the results of a New York Department of Environmental Conservation (DEC) probe, initiated in 2021, concerning the conduct of Covanta, a waste incineration company, at its Brookhaven landfill in Westbury, Long Island between 2007 and 2013. The probe, which was initiated further to a case brought by KM whistleblower client Patrick Fahey and, later, a Newsday investigation of the alleged conduct, found that the company had indeed repeatedly violated environmental law.
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- 10/24/23 | Firm News
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Kirby McInerney announces CFTC settlement of whistleblower claims related to Ceres Global’s attempted manipulation of oats futures contractsOctober 24, 2023 NEW YORK - The law firm of Kirby McInerney LLP is proud to announce that it represented a whistleblower who provided support to the Commodity Futures Trading Commission (the “CFTC”). In connection with that matter, the CFTC obtained a $3 million settlement.
On February 8, 2024, the U.S. Supreme Court unanimously rejected efforts by employers to impose new hurdles to whistleblower retaliation claims. For whistleblower retaliation claims under the Sarbanes-Oxley Act, the Court rejected an argument by employers that tried to read into the law a requirement that did not exist in the language of the Act. See Murray v. UBS Sec., LLC, No. 22-660, 2024 WL 478566, at *1 (U.S. Feb. 8, 2024).
Whistleblower programs offer awards to persons who bring forward information about tax violations that resulted in the underpayment of taxes due. Anyone thinking about bringing tax-related whistleblower claims will, as an initial step, want to think about finding an attorney to represent them. Potential whistleblowers should consider their prospective lawyers as their first audience to consider their claims.
Using information first disclosed to the government in a case filed by Kirby McInerney, the New York Attorney General has won the criminal conviction of Long Island doctor Payam Toobian and his radiology business America’s Imaging Center. In the Attorney General’s prosecution, the jury returned guilty verdicts on most of the criminal counts against Toobian and his company, including counts concerning healthcare fraud, falsifying business records, and paying kickbacks to physicians to get them to refer patients to Toobian’s radiology business.
Kirby McInerney is proud to report that it has been ranked in the 2024 edition of Chambers Regional Spotlight for Dispute Resolution in New York.
Newsday has published an investigation, relying heavily on documents filed in a whistleblower lawsuit brought by KM-client and former Covanta maintenance employee Patrick Fahey against Covanta Hempstead, Long Island’s leading waste incinerator, which has been dumping ash at the Long Island’s Brookhaven landfill for years. As Newsday reports, for nearly a decade, the company couldn’t be certain that the ash they were dumping at Brookhaven landfill was nonhazardous and engaged in risky and imprecise practices.
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