Brian P. Kenney, Esq.
Serving Qui Tam and Fraud Clients Nationwide
Brian P. Kenney has represented whistleblowers in the two largest False Claims Act litigations in history, the 2009 $2.3 billion settlement with Pfizer and the $1.3 billion dollar settlement with Eli Lilly for its off-label marketing of the drug Zyprexa. He was also counsel to the whistleblower in the largest biotechnology False Claims Act case in history, the $425 million 2008 settlement with Cephalon.
Mr. Kenney has thirty years of experience investigating and trying complex criminal and civil fraud and tax matters, first as a federal prosecutor and, for the last fifteen years, on behalf of whistleblowers. Over the past fifteen years, Mr. Kenney has been the lead attorney in over twenty-five successful qui tam cases, in all forms. He also represents government agencies as a special prosecutor and in internal investigations.
Click here to see a list of representative cases the firm has handled.
Mr. Kenney also recently represented the tax whistleblower in United States v Estar, Inc., a complex, international tax scheme in which the United States has recovered approximately $100 million and one of the largest cases by the Tax Whistleblower's Office to date.
In 1995, he was the lead attorney in a case that successfully pioneered the use of the Anti-Kickback Act as a basis for a False Claims prosecution in United States ex rel Weissman v. Mediq Imaging Services, Inc. et al. The use of the Anti-Kickback Act as a predicate offense for a False Claims Act has now been accepted by both the Department of Justice and the federal Courts.
Mr. Kenney is currently the lead attorney in numerous ongoing qui tam matters under the False Claims Act addressing pharmaceutical fraud as well as healthcare and defense contracting fraud, most of which remain under seal and undisclosed to the public. He is also counsel in the following ongoing publicly disclosed False Claims Act qui tam litigations:
- United States ex rel. Julie Williams et al v. Renal Care Group et al. (pending in the United States District Court for the Middle District of Tennessee, alleging a national scheme to defraud Medicare by an international provider of dialysis services);
- United States, ex rel. Lisitza v Johnson & Johnson et al. (pending in the United States District Court for the District of Massachusetts, alleging a scheme by Johnson & Johnson to defraud Medicaid by the payment of kickbacks in the form of rebates to Omnicare, one of the nation's largest providers of pharmaceuticals to long term care facilities).
From 1983 to 1987, Mr. Kenney served as an Assistant United States Attorney for the Eastern District of Pennsylvania where he successfully prosecuted a ground breaking series of bribery cases involving IRS revenue agents in Philadelphia in which over a dozen accountants, taxpayers, and former IRS revenue agents were convicted of bribery and tax evasion charges. Mr. Kenney also successfully prosecuted numerous defense contractors and a series of government fraud and bribery cases arising out of the Defense Personnel Support Center in Philadelphia.
Mr. Kenney has been consistently ranked as one of Philadelphia's Super Lawyers by Philadelphia Magazine. He is a former clerk for the Honorable Joseph Leo McGlynn of the United States District Court for the Eastern District of Pennsylvania. He is a 1980 cum laude graduate of the Georgetown University Law Center.
If you have knowledge of a fraud or false claim against the government, please contact our qui tam lawyers today. Kenney & McCafferty attorneys will consult with you about your case, without obligation. All communications with Kenney & McCafferty attorneys during these consultation services are confidential and protected by the attorney-client privilege.
