New York

New York does have a state False Claims Act. Whistleblowers may file claims of fraud, waste or abuse affecting state government. The U.S. Department of Health & Human Services rates New York’s FCA at least as strong as the federal FCA when it comes to Medicaid Fraud claims. If you have a whistleblower claim, please contact us so that a lawyer may advise you about your whistleblower rights under the state FCA as well as qui tam provisions of the federal False Claims Act.

New York also passed a law in 2010 making it the first-in-the-nation state program to allow tax fraud recoveries under a False Claims Act. The New York law is specifically “aimed at illegal offshore tax shelters.” An individual with knowledge of offshore tax evasion can assist New York in recovering lost tax revenues by bringing an action as a whistleblower. If such an action is successful, the whistleblower may share in up to 30 percent of the state’s recovery. For more information about that legislation, visit the Jere Beasley Report.

To see the New York False Claims Act statute, click here.

New York Whistleblower and Qui Tam News

  • Whistleblower’s $19-Million Lawsuit Against New York Hospital Settled Posthumously
    May 24, 2015 – The family of a hospital compliance officer who sued his former employer over federal anti-kickback law violations and retaliation but died before his case was settled will receive an undisclosed amount in the million-dollar range, lawyers involved in the litigation told Westchester County’s The Journal News.
    Dan Bisk worked for Westchester Medical Center in Westchester, New York, making sure the hospital’s administrators and staff operated in compliance with state and federal laws and regulations. Mr. Bisk repeatedly complained to the hospital’s CEO of an illegal kickback and referral scheme involving some of the area’s top cardiologists, but instead of responding to his concerns appropriately, the hospital fired him.
  • OSHA Orders NYC Transit Authority To Compensate Whistleblower
    April 10, 2015 – A routine safety inspection at a New York City Transit Authority (NYCTA) maintenance facility in Brooklyn resulted in $52,500 in federal fines and damages after an NYCTA supervisor misled state health inspectors and retaliated against an employee during the inspection. According to the U.S. Occupational Safety and Health Administration (OSHA), inspectors with the New York Public Employees Safety and Health Bureau (PESH) conducted a safety inspection of the Linden shop maintenance facility on Aug. 9, 2012.
  • Feds fine MTA for harassing a whistleblower
    March 25, 2015 – In the presence of safety inspectors, a transit agency boss threatened a worker who contradicted him, leading to fines exceeding $50,000.
  • New York Attorney General to Propose New Whistleblower Bounty Program
    February 25, 2015 – New York’s Attorney General will propose a whistleblower program that pays bounties, a move that would open the door for big awards to tipsters in banking. The program is modeled after the whistleblower programs at the Securities and Exchange Commission and U.S. Commodity Futures Trading Commission established by the 2010 Dodd-Frank financial overhaul. The SEC’s program handed out a record award of more than $30 million last year.