Brian P. Kenney is Kenney & McCafferty’s founding partner. A longstanding and dedicated advocate of the Federal False Claims Act and IRS Whistleblower Program, Mr. Kenney has 30 years of experience investigating and trying complex criminal and civil fraud cases, as well as tax matters nationwide — first as a federal prosecutor and, for the last 15 years, on behalf of whistleblowers.
A pioneer in his field, in 1995, Mr. Kenney was lead counsel in the first case to successfully establish the use of the Anti-Kickback Statute as a basis for a False Claims Act prosecution. Mr. Kenney’s efforts in United States ex rel. Weissman v. Mediq Imaging Services, Inc., et al. (E.D. PA), contributed to the evolution of the use of the Anti-Kickback Statute, violations of which are now per se violations of the False Claims Act.
Mr. Kenney has represented whistleblowers in the three largest False Claims Act litigations in history, including the 2012 $3 billion settlement with GlaxoSmithKline, and the $2.3 billion settlement with Pfizer for its off-label marketing of the drug Geodon.
In addition to his outstanding work on behalf of whistleblowers under the False Claims Act, Mr. Kenney was actively engaged in the development and passage of the original Tax Whistleblower law. Following the passage of the initial law, Mr. Kenney continued his advocacy for a strengthened IRS program and saw it through to fruition in the passage of the 2006 IRS Whistleblower Program which established the IRS Whistleblower Office.
As testament to his belief in the program, Mr. Kenney has been representing tax whistleblowers in complex tax fraud schemes for over 10 years, obtaining numerous awards for his clients, including the first major tax award (a $5.5 million partial payment to a whistleblower) issued under the new IRS Whistleblower Program. Mr. Kenney’s dedication and work in this area has lead to the receipt of more IRS awards than any other firm in the country.
Prior to entering private practice, Mr. Kenney served as an Assistant United States Attorney for the Eastern District of Pennsylvania from 1983 to 1987. During his time in the Eastern District, he successfully prosecuted a groundbreaking series of bribery cases involving IRS revenue agents in Philadelphia. A 1980 cum laude graduate of Georgetown University Law Center, Mr. Kenney has earned an AV Rating from Martindale Hubbell, and is consistently ranked by Philadelphia Magazine as one of Philadelphia’s Super Lawyers.