Overview
Overview
- Partner and Management Committee Member, Hagens Berman Sobol Shapiro LLP
- Leads the firm’s whistleblower practice and litigates select class-action cases
- Litigates and argues both False Claims Act and a variety of class action cases in federal district courts and on appeal at the courts of appeal nationwide on behalf of whistleblowers, veterans, consumers, workers and investors
- Experienced in successfully handling False Claims Act, SEC, CFTC, and IRS whistleblower cases for whistleblowers worldwide against the world’s largest financial companies, securities exchanges, accounting firms, medical device and pharmaceutical companies, medical providers, mortgage companies and other Fortune 500 corporations
- One of the nation’s leading Dodd-Frank Whistleblower attorneys since the programs were adopted in 2010, representing several successful, record-breaking whistleblowers under the whistleblower programs of the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC)—including the two most notable whistleblowers under these programs
- Litigates select human rights and other public interest matters, including previous litigation against the Rio Tinto mining conglomerate for war crimes against the indigenous population of Bougainville in Papua New Guinea, a case that reached the U.S. Supreme Court
- Previously a felony prosecutor who successfully tried several multi-week jury trials and argued several cases in trial and appellate courts
Experience
Experience
- King County Prosecuting Attorney’s Office, Felony Prosecutor
- Law Clerk, Honorable Betty B. Fletcher, Ninth Circuit Court of Appeals, 2001-02
- Law Clerk, Honorable Charles S. Haight, Jr., Southern District of New York, 2000-01
- U.S. Attorney’s Office, District of Connecticut, Intern
Notable Cases
Notable Cases
- CFTC v. Nav Sarao Futures Ltd. and U.S. v. Sarao (Northern District of Illinois) (CFTC whistleblower) Successfully represented the highly-publicized anonymous Dodd-Frank CFTC whistleblower who single-handedly identified an international market manipulator, who was extradited and convicted. The case is the subject of the best-selling book “Flash Crash” by Bloomberg reporter Liam Vaughn.
- In the Matter of EDGA Exchange, Inc., et al. (SEC whistleblower) Successfully represented another high-profile Dodd-Frank SEC whistleblower, the algorithmic trader and market structure expert Haim Bodek, who single-handedly identified securities law violations by a major U.S. securities exchange. Mr. Bodek was twice featured on the front page of the Wall Street Journal for his efforts, which led to the largest SEC fine in history against a financial exchange.
- U.S. ex rel. Lagow v. Countrywide Financial Corp., et al. and U.S. ex rel. Mackler v. Bank of America, et al. (Eastern District of New York) Successfully handled both False Claims Act whistleblower cases representing relators in two separate lawsuits against Bank of America that culminated in the historic $1 billion settlement between the Department of Justice and Bank of America addressing mortgage origination and servicing fraud.
- In the Matter of New York Stock Exchange LLC, et al. (SEC whistleblower) Successfully represented Mr. Bodek in a second record-tying SEC whistleblower action against the NYSE, and affiliated national securities exchanges, for unlawful and undisclosed use of order types.
- In the Matter of Grant Thornton, LLP (SEC whistleblower) Successfully represented the Dodd-Frank SEC Whistleblower who brought the allegations of auditing fraud by this top-10 U.S. accounting and audit firm.
- Childress v. Bank of America Corp., et al. (Eastern District of North Carolina.) Successfully represented and settled this class action case on behalf of over 126,000 military servicemembers challenging Bank of America’s violations of the Servicemember Civil Relief Act, resulting in tens of millions of dollars paid to veterans and their families.
- In the Matter of Cargill, Inc. (CFTC whistleblower) Successfully represented CFTC whistleblower in action against the largest private company in the United States.
- U.S. ex rel. Doe v. US WorldMeds LLC (Western District of Washington) Successfully represented False Claims Act relator who challenged off-label marketing and Anti-Kickback Statute violations.
- Securities and Exchange Commission v. Moddha Interactive, et al. (District of Hawaii) (SEC whistleblower) Successfully represented SEC whistleblower who investigated and reported on fraudulent investment scheme shut down by the SEC.
- U.S. ex rel. Nowak v. Medtronic, Inc., (District of Massachusetts) Successfully represented False Claims Act relator in declined and settled FCA litigation challenging off-label promotion of medical devices.
- U.S. ex rel. Kite v. Besler Consulting, et al. (District of New Jersey) Successfully represented False Claims Act relator in several declined and settled FCA cases against area hospitals for Medicare fraud.
- Sarei v. Rio Tinto (Central District of California) Litigated international human rights class action case under Alien Tort Statute to the Supreme Court.
- Hutchinson v. British Airways PLC, (Eastern District of New York) Successfully represented a class of consumers under Montreal Convention.
Clerkships
Clerkships
- Honorable Betty B. Fletcher, Ninth Circuit Court of Appeals, 2001-2002
- Honorable Charles S. Haight, Jr., Southern District of New York, 2000-2001
Media Interviews and Commentary
Media interviews and commentary
- “IRS Whistleblower Claims Processing Far Too Slow, Say Practitioners,” Thomson Reuters, July 1, 2024
- “High Court’s FCA Ruling Reopens Constitutionality Question,” Law360, June 16, 2023
- "UBS Whistleblower Case Creates Avenue to Upend Retaliation Test" Bloomberg Law, May 5, 2023
- “Landmark FCA Showdown Looking Like Defense Bar Letdown,” Law360, Apr. 19, 2023
- “High Court Legacy of FCA Unity Teeters on Ideological Brink,’” Law360, Jan. 19, 2023
- "Justices Ignite FCA Debate: Fairness Vs. 'Invitation To Fraud'," Law360, Jan. 17, 2023
- “CFTC Makes History With $200M Whistleblower Award,” Law360, Oct. 21, 2021
- “FCA Overhaul Bill May Miss Mark on Reining in Fraudsters,” Law360, July 28, 2021
- “Escobar Five Years Later: How FCA Earthquake is Reverberating,” Law360, June 17, 2021
- “Latest CFTC Bounty Stirs Calls for More Whistleblower Funds,” Law360, Apr. 23, 2021
- “SEC Redefines Blockbuster with $114M Whistleblower Award,” Law360, Oct. 22, 2020
- “CFTC Takes Extra Care to Cover Whistleblower Tracks,” Law360, Sept. 10, 2020
- “Robbins Geller, Hagens Berman to Lead Pot Investors’ Row,” Law360, July 24, 2020
- “CFTC Awards Whistleblower $6m, Slams ‘Baseless’ Objection,” Law360, June 9, 2020
- “SEC Ramps Up Whistleblower Awards,” Wall St. Journal, May 4, 2020
- “CFTC Calls for Whistleblower Tips as Enforcement Evolves,” Law360, Sept. 19, 2019
- “Pharma Co. Inks $17.5m Deal to End FCA Kickback Suit,” Law360, April 30, 2019
- “Attorneys Reflect on Escobar’s FCA Impact 2 Years Later,” Law360, June 15, 2018
- “SeaWorld Visitors Ask 9th Cir. to Flip Whale Abuse Suit,” Law360, Mar. 12, 2018
- “Dodd-Frank Whistleblowers Help Clean Up Our Markets,” (Guest Column) ValueWalk, Feb. 6, 2018
- “Attorneys React to DOJ’s New Memo on FCA Dismissals,” Law360, Jan. 26, 2018
- “Limiting Whistleblower Rewards Weakens Program,” Bloomberg Law, Nov. 2, 2017
- "BofA's $42m Military Member Fee Settlement Wins Initial OK," Law360, Sept. 13, 2017
- "Sarao Flash Crash Manipulation Case Benchmarks Point in History," ValueWalk, Nov. 15, 2016
- "What SEC Whistleblowers Should Know About Insider Trading," (Guest Column) ValueWalk, Oct. 20, 2016
- "SeaWorld Patrons Ask 9th Cir. to Restore Orca Abuse Suit," Law360, Sept. 20, 2016
- "SEC cracks down on severance agreements that deter whistleblowing," Reuters, Aug. 16, 2016
- "Tax Court Interprets ‘Collected Proceeds’ Expansively for Whistleblowers," Standard Fed. Tax Reports, Aug. 11, 2016
- "Whistleblower Persuades Tax Court to Grant Discovery Motion," Standard Fed. Tax Reports, Aug. 4, 2016
- "Health Fraud Defense Attys Riding High As Wins Pile Up," Law360, Apr. 8, 2016
- "CFTC Whistleblower Office Comes of Age with Record Bounty," Law360, Apr. 4, 2016
- "Why Wash.’s Medicaid False Claims Act Must be Renewed," Law360, Mar. 24, 2016
- “Renew Tool That Fights Fraud," (Guest Column), The Daily Herald, Feb. 21, 2016
- "CFTC Can’t Give Whistleblower Money Away," Wall St. Journal, Feb. 8, 2016
- "9th Circuit's FCA Ruling to Spark More Whistleblower Fights," Law360, July 9, 2015
- "Flash Crash' Case Gets Scrutinized," Automated Trader, May 4, 2015
- "Flash Crash Whistleblower May Get Millions of Dollars," Reuters, Apr. 23, 2015
- "'Flash Crash' Arrest Shakes Investors’ Confidence," USA Today, Apr. 23, 2015
- "Alleged ‘Flash Crash’ Trader Told UK Watchdog to Ban HFT," Law360, Apr. 23, 2015
- "UK Trader Arrested Over 2010 Flash Crash," Financial Times, Apr. 22, 2015
- "Flash Crash Whistleblower May See Multi-Million Dollar Pay Day," Reuters, Apr. 22, 2015
- "'Flash Crash' Charges Filed," The Wall Street Journal (front-page), Apr. 21, 2015
- "UK Speed Trader Arrested," Reuters, Apr. 21, 2015
- "How a Mystery Trader May Have Caused the Flash Crash," Bloomberg, Apr. 21, 2015
- "CFTC, Feds Accuse UK HFT Trader of Role in Flash Crash," Law360, Apr. 21, 2015
- "BATS to Pay $14 Million to Settle Direct Edge Order-Type Case: A Record Amount," The Wall Street Journal, Jan. 12, 2015
- "BATS Exchange to Pay Record $14 Million SEC Fine," Reuters, Jan. 12, 2015
- "BATS to Pay $14m SEC Fine in Wake of Order-Type Scandal," Automated Trader, Jan. 12, 2015
- "SEC Issues Largest Fine Ever to Exchange Over High-Frequency Trading Infractions," ValueWalk, Jan. 12, 2015
- "IRS Releases Comprehensive Whistleblower Final Regs.," Standard Fed. Tax Reports, Aug. 14, 2014
- "Bank of America Whistleblower’s Payday Lead to Calls for Reform," Law360, Aug. 6, 2014
- "UBS Whistleblower Ruling Reignites Arbitration Debate," Law360, Jan. 30, 2014
- "With $2B J&J Deal, FCA Proves It’s Still The Anti-Fraud King," Law360, Nov. 4, 2013
- "Bank of America Fraud Trial Spotlights Whistleblower Awards," Reuters, Sept. 27, 2013
- "FCPA Whistleblower Bounty May Turn Tide For SEC Program," Law360, Aug. 20, 2013
- "Whistleblower Attorneys Eye DOJ Fraud Theory for New Bounties," Law360, Aug. 7, 2013
- "SEC’s Second Whistleblower Award is Tip of the Iceberg," Law360, June 14, 2013
- "UBS Ruling Allays Fear Factor for SEC Whistleblowers," Law360, May 22, 2013
- "Five Tips for Building Bridges with Whistleblowers," Law360, Mar. 20, 2013
- "Analysis: Complaints Rise Over Complex U.S. Stock Orders," Reuters, Oct. 19, 2012
- "For Superfast Stock Traders, a Way to Jump Ahead in Line," Wall St. Journal (front-page) Sept. 19, 2012
- "UBS Whistleblower Nets $104 Million Award," CNN Money, Sept. 12, 2012”
- "Bank of America/Countrywide Whistleblower Kept 3-Year Secret," ABCNews, July 14, 2012
- "Whistleblowers Win $46.5m in Foreclosure Settlement," CNN, July 2, 2012
- "Whistleblowers Beware: Most Claims End in Disappointment," Huffington Post, June 4, 2012
- "Whistleblower Takes Home $14.5M in BofA Mortgage Deal," Law360, May 29, 2012
- "Bank of Amer. Whistleblower Receives $14.5m in Mortgage Case," Reuters, May 29, 2012
- "BofA Denied Homeowners Access to HAMP: Whistleblower," Law360, Mar. 7, 2012
- "Countrywide Inflated Home Values: Whistleblower Suit," Law360, Feb. 24, 2012
- "Killers of Somali Cabbie Get Longest Sentences Allowed," Seattle P-I, Mar. 24, 2006
Presentations
Presentations
- Moderator: “Threats to the Legitimacy of Courts,” Federal Bar Association Annual Conference. Seattle, WA. Dec. 14, 2022
- Speaker: “Whistleblowers & Financial Fraud,” National Whistleblower Conference. San Francisco, CA. Jan. 22-23, 2018
- Speaker: “Financial Fraud,” National Qui Tam Conference. Los Angeles, CA. Nov. 3-4, 2016
- Speaker: “Representing Dodd-Frank Whistleblowers,” Taxpayers Against Fraud Education Fund, Annual Conference. Washington, D.C. Nov. 16, 2015
- Speaker: “Secrets from the Plaintiff’s Bar,” Hospital and Health Care Law Conference: University of Washington. Seattle, WA. Apr. 24, 2015
- Speaker: “False Claims in the Financial Sector,” False Claims and Qui Tam Enforcement Conference. New York, New York. Jan. 21-22, 2015
- Lecture: “Access to Civil Remedy,” Business, Social Responsibility, & Human Rights, University of Washington School of Law. Seattle, Washington. Nov. 4, 2014
- Speaker: “Enforcement of Financial Fraud,” False Claims Act: National Qui Tam Conference. San Francisco, California. Oct. 27-28, 2014
- Lecture: “Human Rights Law After Kiobel,” University of Washington School of Law. Seattle, Washington. Nov. 12, 2013
- Speaker: “Financial Fraud Enforcement,” False Claims Act: All Points of View, National Conference. San Francisco, California. Apr. 18-19, 2013
- Lecture: “Strategy after Kiobel and Bauman,” International Human Rights Seminar, University of Washington School of Law. Seattle, Washington. Apr. 17, 2013
- Lecture: “Alien Tort Statute and Human Rights Litigation,” University of Washington School of Law. Seattle, Washington. Nov. 13, 2012
- Speaker: “Protecting Whistleblowers, Protecting the Public,” Whistleblowing: Law, Compliance, and the Public Interest. Government Accountability Project. Seattle University School of Law. Seattle, Washington. Mar. 23, 2012