False Claims attorney

Brian P. Kenney

Attorney

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.

Experience:

Record setting $3 billion settlement against GlaxoSmithKline in 2012. Kenney & McCafferty represented two whistleblower clients alleging marketing misconduct by GSK with regard to 10 of its drugs, including Advair. To date, the largest settlement in the history of the False Claims Act.

2009 $2.3 billion settlement against Pfizer, Inc. which included a $300 million resolution of a Kenney & McCafferty whistleblower’s allegations regarding the illegal marketing practices of Pfizer’s blockbuster atypical antipsychotic drug, Geodon.

Represented key whistleblower in 2008 $1.4 billion settlement against Eli Lilly involving off-label promotion of dangerous atypical antipsychotic, Zypreza, to nursing home residents. This historic FCA settlement was the largest at the time it was consummated.

Other successful whistleblower cases include:

United States v. Estar, Inc., a complex international scheme in which the United States recovered approximately $42 million as a result of the client’s disclosure of a stock and tax fraud scheme orchestrated by a Taiwanese-based corporate conglomerate.

First major tax award issued under the 2006 IRS Whistleblower Program A whistleblower case involving a “Son of BOSS” tax shelter scheme orchestrated by accountants in Chicago and Texas resulting in a $20 million recovery.

Education:

J.D., Georgetown University Law Center, cum laude
B.A., Economics, University of Delaware

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