If you’re seeking a whistleblower lawyer in New York City, we’re your firm. Based out of Washington, DC with clients all over the world, we have a successful record of winning the largest securities, commodities, and tax fraud cases in the world.

Our team is also versed in cases involving federal and New York False Claims Act (NYFCA) cases, both of which focus on bringing justice to those who submit false or fraudulent claims. We also help clients file qui tam lawsuits on behalf of the state to recover misappropriated funds.

Continue reading to learn how our international law firm can help represent you in high-profile cases involving securities fraud, tax evasion, money laundering, and false claims act violations involving Medicare, government contracts, and other state or local funds.

Practice Areas for New York City Clients

With New York City being the financial capital of the world, our firm has been prepared to tackle any fraud, misconduct, waste, or abuse that occurs in the tri-state area since 1988. In fact, in 2023, we brought on former SEC acting chair and commissioner Allison Herren Lee to the team to assist in respresenting whistleblowers who bring complex securities fraud cases to us. There are no cases too complex for us to handle. Below are the various practices areas our New York City attorneys focus on:

Government Contract Fraud

State Contract Fraud

  • New York False Claims Act (NYFCA): This state law allows whistleblowers to report fraud involving contracts with New York State agencies or local governments like New York City. This could include fraudulent services, inflated prices, or rigged bids for projects like infrastructure, healthcare, or education.

Municipal Contract Fraud

  • New York City: In addition to the NYFCA, New York City also has its own False Claims Act, Local Law 53 of 2005. It functions similarly to the state law, allowing lawsuits against those who defraud the city and offering rewards to whistleblowers.

Securities Fraud

Commodities Fraud

Money Laundering

  • Anti-Money Laundering Program: This program allows reporting of any entity (including banks) in New York City or elsewhere that converts illegal funds into legitimate ones or assists in that process.

Tax Evasion

  • IRS Whistleblower Program: This program rewards whistleblowers reporting tax evasion schemes used by individuals or businesses in New York City or elsewhere, such as offshore banking, shell accounts, and false reporting.

Foreign Corruption

  • Foreign Corrupt Practices Act (FCPA): This act is for reporting foreign bribery used by companies to gain an unfair advantage, regardless of location (New York City, Hong Kong, etc.). The FCPA is open to anyone, not just those in Sacramento.

We go beyond the programs listed above. Our firm has extensive experience handling a wide range of complex whistleblower cases. We specialize in emerging areas like cryptocurrencies, artificial intelligence, and cybersecurity, where misconduct can have significant consequences. Additionally, we tackle issues involving illegal non-disclosure agreements (NDAs) and those that pose major health risks to the public or financial markets.

New York and New York City False Claims Acts

New York has a very strong False Claims Act (NYFCA), which is outline din Article 11A of the New York State Finance Law. You can find a copy of it here.

Under the New York FCA, whistleblower claims can be brought based on violations of the state’s tax laws, provided the violator’s annual income exceeds $1 million and the damages exceed $350,000.

In New York, a false claims whistleblower may receive an award of 15 to 25 percent of the collections in cases where the state intervenes and 25 to 30 percent in cases where there is no state intervention. Whistleblowers are also protected from retaliation.

The key points of this law are as follows:

  • Prohibited Actions: It’s illegal to knowingly submit false or fraudulent claims for payment or approval by the state or a local government. This includes using false records or statements or concealing obligations to pay the government.
  • Qui Tam Provision: The NYFCA allows whistleblowers (called “qui tam relator“) to file lawsuits on behalf of the state to recover misappropriated funds.
  • Penalties: Those found in violation face treble damages (triple the amount defrauded) and potential civil fines.
  • Rewards for Whistleblowers: Successful whistleblowers may receive 15-30% of the recovered funds as a reward for bringing the case forward.
  • Statute of Limitations: There’s a 10-year window to file a lawsuit under the NYFCA.

The Municipal False Claims Act specific to New York City (NYC False Claims Act) mirrors the NY State False Claims Act in many ways, but with some key details focused on the city level.

Here’s a breakdown of the specifics:

  • Coverage: This Act applies to fraudulent claims submitted to obtain money, property, or services from New York City. This includes any statements or records used to support such claims.
  • Definitions: The Act defines terms like “claim,” “false claim,” and “knowing” in a similar way to the NYFCA. “Knowing” doesn’t require specific intent to defraud, but rather acting with deliberate ignorance or reckless disregard for the truth.
  • Liability: Just like the NYFCA, those found in violation face civil penalties ranging from $6,000 to $12,000 (adjusted for inflation) per violation. Additionally, the city can seek treble damages (triple the amount defrauded).
  • Qui Tam (Whistleblower) Provisions: Similar to the NYFCA, the NYC False Claims Act allows whistleblowers (qui tam plaintiffs) to file lawsuits on the city’s behalf to recover misappropriated funds.
  • Whistleblower Rewards: Successful whistleblowers may receive 15-30% of the recovered funds as a reward. The amounts depend on many factors, such as the quality of information provided, and the timeliness of reporting.
  • Statute of Limitations: There’s a 6-year window to file a lawsuit under the NYC False Claims Act, shorter than the state law.

Public Policy Exception

It’s important to know that New York does not recognize the public policy exception for wrongful termination. Meaning, if you are employed “at-will” and fired, you generally cannot sue your employer for wrongful termination, even if you believe the reason for termination goes against public policy.

It’s important to consult with an attorney specializing in whistleblower lawsuits if you’re considering filing a case. They can advise you on the specifics of your situation and the best course of action.

Filing Anonymously

You can report fraud anonymously through a third party like a lawyer or public interest organization. These entities can then file a qui tam lawsuit (a lawsuit filed on behalf of the government) without revealing your identity. While you can be relatively anonymous, there is always a chance your identity can be revealed during an investigation.

Seeking a New York City Whistleblower Lawyer

We have a long history of representing whistleblowers with cases involving New York City. We are nationally recognized for winning some of the largest cases in history. If you’re considering blowing the whistle, get in touch with our attorneys today for a free and confidential case evaluation.

Resources

  • NY Civ. Serv. L § 75-B (retaliatory action by public employees) 
  • NY Lab L § 741 (retaliatory action by employers: healthcare) 
  • NY LAB L § 740 (Retaliatory action by employers; prohibition)
  • The New York State False Claims Act is a state-of-the-art FCA and contains anti-retaliation provisions.

Relevant Cases

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Our Attorneys

Allison Lee - Of Counsel - Kohn, Kohn & Colapinto LLP

Of Counsel
Washington, D.C.

Stephen Kohn

Founding Partner
Washington, D.C.

Michael Kohn - Whistleblower Attorney

Founding Partner
Washington, D.C.

David Colapinto

Founding Partner
Washington, D.C.