Case Status
Practice Areas
False Claims Act
Mortgage Fraud
U.S. District Court for the Eastern District of New York
Case Number
Bank of America
Stock Symbol
File Date

HBSS represented whistleblower Gregory Mackler, who challenged Bank of America’s alleged fraudulent handling of the Home Affordable Modification Program (HAMP) meant to help millions of struggling homeowners. 

Mr. Mackler’s complaint, filed in 2011 under seal, alleged that Bank of America violated its agreement with the Department of Treasury to assist qualified homeowners in obtaining modifications of their mortgages under the HAMP program.  The Treasury Department itself in 2011 suspended its incentive payments to Bank of America for its substantial noncompliance with the terms of its servicer agreement with the Treasury Department. 

Mackler, represented by Hagens Berman partner Shayne Stevenson, alleged that instead of attempting to help qualified homeowners whose mortgages the bank serviced, it instead undermined their ability to get mortgage relief.

The government investigated Mackler’s claims of servicing fraud at Bank of America and ultimately brokered a settlement with the Bank

Hagens Berman praises the Department of Justice for its efforts in the case, particularly Assistant United States Attorney Richard Hayes who handled the investigation and settlement.

Hagens Berman takes whistleblower cases brought under the False Claims Act as well as more recently adopted programs at the Internal Revenue Service (IRS), the Securities and Exchange Commission (SEC)and the Commodities Futures Trading Commission (CFTC).


The False Claims Act is the primary law enforcement tool used to combat fraud against the government. The Act allows whistleblowers to help stop fraud and rewards them financially for doing so – sometimes tens of millions of dollars or more. Hagens Berman successfully represents False Claims Act whistleblowers under federal and more than 30 state False Claims Act laws. Our clients’ False Claims Act cases have helped the government obtain record-breaking recoveries and our clients have been justly rewarded financially for their efforts. In a successful False Claims Act suit, a whistleblower can receive between 15 and 30 percent of the government’s overall recovery. False Claims Act cases range from various types of healthcare fraud, government contractor fraud, military spending fraud, procurement fraud and more.


Whistleblower cases are kept under strictly enforced confidentiality by the government or the courts during the period of investigation, and for the SEC/CFTC/IRS programs, in perpetuity. Likewise, whistleblower attorneys at Hagens Berman will handle its investigation and any eventual lawsuit or agency complaint with the highest confidentiality to protect your anonymity. We work to protect your anonymity, confidentiality, and job security during the entirety of our representation. Whistleblower laws protect employees from retaliation and Hagens Berman helps whistleblowers address retaliation and potential retaliation. To understand your rights and the legal protections provided by several whistleblower programs, contact us for a confidential consult.


Hagens Berman’s team of expert whistleblower attorneys, led by managing partner, Steve Berman and head of whistleblower practice, Shayne Stevenson, has the track record, reputation, and knowledge to advocate for whistleblower clients in ways others do not. Our whistleblower practice is among a handful of the most successful and respected in the U.S. Unlike smaller, less experienced whistleblower law firms, Hagens Berman also has more than 80 attorneys in cities worldwide litigating complex corporate fraud every day, giving our clients the resources and expertise necessary to take on a broad range of whistleblower cases.

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