Whistleblower Litigation
Reid Collins has been at the cutting edge of whistleblower litigation for over a decade. When whistleblowers bring us evidence of fraud, we find ways to plead and prove their cases—even when the path forward is unclear. Our cases have paved new legal ground for whistleblowers to secure recoveries, and unlike many firms, we are not afraid to litigate claims that do not immediately catch the attention of government authorities.
Our Approach
The key to our success in whistleblower claims is creativity. We have brought claims against fraudsters across industries under both federal and various state whistleblower statutes. We do not shy away from any potential angle.
We have also pioneered the use of data analysis as a means to more effectively plead cases under the False Claims Act. Often, the details or scope of a claim are unknowable for a relator who may only know part of a fraudulent scheme. We have represented relators who filled in the gaps using statistical analysis and forensic investigation—and successfully overcame arguments that doing so would bar the claim under the False Claims Act’s public disclosure bar.
No whistleblower claim is perfect. We work with relators to find innovative ways to plead and prove their case—positioning them both to attract government intervention and to prosecute the case independently if the government declines.
When others see obstacles, we see opportunities. We help whistleblowers turn evidence of fraud into meaningful recoveries.
RMBS Litigation
We achieved over $100 million in settlements in cases alleging misrepresentations in offering documents underlying residential mortgage-backed securities in four different states. These claims were against many of the largest bank underwriters of residential mortgage-backed securities or RMBS, represented by an array of the most prestigious defense firms.
Brought nearly a decade after the financial crisis, these cases faced significant hurdles—including the availability of evidence and statute-of-limitations issues. We worked with the relator to prove the case through data analytics and overcame limitations issues through novel application of the doctrine of nullum tempus—holding that statutes of limitations do not apply to the government.
Medicare Fraud
We have brought numerous False Claims Act cases against large hospital and skilled nursing facility chains. Together, these cases alleged billions of dollars in damages.
We have secured key rulings in these cases protecting an outsider whistleblower’s ability to plead its case using data analytics and ordinary investigative tools. In one key decision out of the Central District of California, we secured the first-ever ruling by a federal court that the False Claims Act’s public disclosure bar was not necessarily applicable simply because information was available on the internet.