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Qui Tam Law Firm, False Claims Act Attorneys, Representing Whistleblowers, Boston, MA & Los Angeles, CA, Delaney Kester LLP

50 Congress Street, Suite 600
Boston, MA 02109
Call: 857-498-0384         
  4505 Las Virgenes Road, Suite 203
Calabasas, CA 91302
Call: 818-974-8627


Nationwide Qui Tam Attorneys, False Claims Act Law Firm, Whistleblower Law California False Claims Act Attorney, Qui Tam Lawyer, Whistleblower Cases, Charles Kester
The False Claims Act

Video Transcript

This is a discreet legal service for individuals who are aware of fraud on the government.  Most of our clients have come across fraud at work by chance and, initially, do not know what to do with the information.  Very often, an individual will report the fraud to a superior, only to be silenced and mistreated - such retaliation is unfortunately all too common.

There is a remedy.  The Federal False Claims Act, known as the “qui tam” statute enables an individual to engage an attorney to file a case on behalf of the federal and states’ governments - the victims of the fraud.  The lawsuit is filed in secret by the qui tam attorney while the government investigates the allegations.  If the allegations have merit, the government will take over the case and, in the event of a settlement or jury verdict, the “whistleblower” can expect a personal reward of between 15% to 30% of the damages.
The False Claims Act also provides a means by which someone who has suffered retaliation can bring a case on their own behalf as well.  This provides for damages including double lost wages and possibly reinstatement.

The History of Delaney Kester LLP

Delaney Kester LLP is a law partnership founded by Royston Delaney and Charles Kester.  The two men first began working together in 2006.  The case that brought them together was United States ex rel. Westmoreland v. Amgen, Inc. et al, a gargantuan whistleblower case that spanned the next six years.

Like most False Claims Act cases, the Amgen case was filed under seal and it remained undisclosed until it was unsealed and made public in November 2009.  An amended complaint was filed before the end of that calendar year and intense litigation with the defendants began in earnest.  Over the next two years, attorneys Delaney and Kester worked together along with a hand-picked team of attorneys around the country, both in private practice and in public service, to litigate the claims against biotech giant Amgen. [1]

The hard-fought litigation saw numerous twists and turns:  the federal trial court dismissed the Westmoreland case in its entirety in March 2010; thereafter, the legal team filed an amended complaint and, at the same time, pursued the trial court’s dismissal to the Court of Appeals for the First Circuit; intense discovery went ahead on the amended complaint, including almost 100 depositions; six witnesses “took the Fifth” in their depositions; the Court of Appeals reversed the original dismissal and the parallel tracks converged.  Yet another amended pleading survived a renewed motion to dismiss and summary judgment.  Trial was set for mid-October 2011.  But with just three weeks to go, in late-September 2011, Amgen capitulated and advised the trial judge that a compromise had been reached.  The next month, Amgen announced to the world that the case, along with others under investigation, was settled for $762 million dollars.

Delaney Kester LLP is a law partnership forged in the crucible of high-stakes litigation, and it is dedicated to representing whistleblowers across America. Please contact our firm if you are aware of fraud on the government and you need to retain an experienced qui tam lawyer.

[1] The team included the law firms of Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Lawrence M. Isenberg, Suzanne E. Durrell, Esq. and Robert M. Thomas, Esq.

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