False Claims Act Expertise
Thomas M. Greene recently testified before Congress on the False Claims Act, drawing on two decades of experience.
Types of Fraud
Many government programs have been subject to fraud, particularly in the health care and defense industries.
How to Choose an Attorney
What questions should you ask a False Claims Act attorney before making a decision?

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Thomas M. Greene

Thomas M. Greene has practiced complex civil litigation for more than thirty years. Since first representing a False Claims Act whistleblower in 1992, Mr. Greene has specialized in representing qui tam whistleblowers.  Although his first False Claims Act case involved the defense industry, Mr. Greene has devoted the majority of his time to health care and pharmaceutical cases.  In a seminal lawsuit against Parke-Davis and Pfizer, a qui tam whistleblower case that involved off-label marketing of the drug Neurontin, Mr. Greene established for the first time that off-label promotion of prescription drugs was fraud that could result in liability to the government under the False Claims Act.  Mr. Greene has also actively investigated whistleblower claims in other industries, including fraud on public utilities, import companies dodging customs duties, and fraudulently obtained government research grants.

Mr. Greene’s pharmaceutical litigation experiences have been chronicled in various publications, including the New York Times, Wall Street Journal, USA Today, the Boston Globe, the British Medical Journal, The Lancet, the American Lawyer and Trial magazine.  His work exposing illegal drug marketing by the pharmaceutical industry has been featured in the book Our Daily Meds by former New York Times reporter Melody Petersen, and he has also been featured on national radio and television shows, including National Public Radio, Canadian Broadcasting Company, and NBC’s Dateline.  Mr. Greene also recently published an article in Trial entitled “A New Weapon in Pharma Cases” about the use of the Racketeer Influenced & Corrupt Organizations Act against pharmaceutical companies.

Mr. Greene is a frequent speaker about the False Claims Act and representing qui tam whistleblowers.  In February 2013, he was called to testify before a House of Representatives subcommittee on health care waste, fraud and abuse.  In 2011, Mr. Greene led a two-day program at Suffolk University Law School entitled Recent Developments in False Claims Act Litigation, which focused on the significant changes to the False Claims Act statute of the last four years. Mr. Greene has also been invited to speak about off-label promotion at Johns Hopkins University, Harvard Law School, Boston College, and Northwestern Law School.

Mr. Greene’s work in uncovering fraudulent marketing of the epilepsy drug Neurontin has blazed a trail for other cases.  Originally filed under the False Claims Act in 1996, Franklin v. Parke-Davis settled in 2004 for $430 million in civil fines and criminal penalties.  Since then, over $14 billion has been recovered by Greene and other attorneys under his novel theory.  After the 2004 False Claims Act settlement, Pfizer’s marketing of Neurontin became the subject of many other cases, organized in a Multi-District Litigation with Greene at the helm as Chairman of the Plaintiffs’ Steering Committee.  He tried a “bellwether” case on behalf of Kaiser Foundation Health Plan in 2010 to a $142 million jury verdict under RICO and a $102 million judgment under the California Unfair Competition Law, again paving the way for future pharmaceutical litigation.  His recreation of his closing argument in that trial earned him “Most Compelling Argument” in Massachusetts Lawyers Weekly’s 2010 Battle of the Lawyers competition.

Thomas M. Greene has represented whistleblowers in qui tam suits all over the country, from California to New York.  With two decades of experience in False Claims Act litigation, Greene is one of the preeminent whistleblower lawyers in the nation.

 

Presentations And Seminars:

Panelist, Association of Certified Financial Crime Specialists
March 22, 2013, Webinar
150 Years of Fighting Fraud – The False Claims Act’s Growing Reach and Increased Enforcement

Witness, United States House of Representatives, Energy & Commerce Subcommittee on Health
February 27, 2013, Washington, DC
Fostering Innovation in Fighting Health Care Waste, Fraud, and Abuse

Panelist, ABA Antitrust Law Section, Health Care and Pharmaceuticals Committee
January 11, 2013, Washington, DC
Off-Label Promotion of Pharmaceuticals: Application of the False Claims Act and Consumer Protection Act to Promotional Strategies

Guest Lecturer, Boston College Carroll School of Management
November 10, 2011, Chestnut Hill, MA
Law of Marketing

Chair and Moderator, Suffolk University Law School Advanced Legal Studies
March 24 and 31, 2011, Boston, MA
“Recent Developments in False Claims Act Litigation”

Seminar, Johns Hopkins University School of Public Health, Center for Clinical Trials
February 9, 2011, Baltimore, MD
“How Industry Distorted the Scientific Evidence and Turned ‘Snake Oil’ Into a $10 Billion Blockbuster: Lessons for Public Health”

Panelist, American Association of Justice Winter Meeting, Sunrise at Litigation
February 8, 2011, Miami, FL
“How to Win a RICO Case Against a Pharmaceutical Giant for Fraudulent Off-Label Promotion”

 

Panelist, Northwestern Law Judicial Symposium
May 3 – 5, 2009, Chicago, IL
“The Pharmaceutical Industry: Economics, Regulation and Legal Issues”

Panelist, Annual Whistleblower Law Symposium
March 4, 2009, Atlanta, GA, State Bar of Georgia
“Recent Developments in Qui Tam Cases Under the False Claims Act – The Relator’s Perspective”

Moderator, Eighth Annual Taxpayers Against Fraud Education Fund Conference & Awards Dinner
September 7 – 10, 2008, Washington, DC
“Fraud-Fighting Pioneers: Moving the FCA in New Directions”

Panelist, The Seventh Annual Pharmaceutical Compliance Congress and Best Practices Forum
November 8 – 10, 2006, Washington, DC
“Qui Tam Update Panel”

Panelist, Health Care Fraud Enforcement in the Pharmaceutical Sector 
September 25, 2006, Cambridge, MA, Harvard Law School Ethics, Law & Biotechnology Society

Moderator, Sixth Annual Taxpayers Against Fraud Education Fund Conference & Awards Dinner
September 10 – 13, 2006, Washington, DC
“Fraud-Fighting Pioneers: Moving the FCA in New Directions”

Panelist, The Second Annual FDA Regulatory and Compliance Symposium 
August 22 – 25, 2006, Cambridge, MA
“Lessons from Whistle-Blower Cases”

Panelist, The 6th Annual National Institute on Civil False Claims Act and Qui Tam Enforcement
June 14 – 16, 2006, Washington, DC
“FCA Enforcement Against Pharmaceutical Companies and Medicare/Medicaid Providers”

Participant, The Sedona Conference – Complex Litigation VII: Litigating Mass Torts
April 7 – 8, 2005, Sedona, AZ

Panelist, The International Pharmaceutical Compliance Summit on Medical Affairs, Clinical Trials, Safety and Publication
March 30 – April 1, 2005, Philadelphia, PA
“Qui Tam Update Panel”

Keynote Speaker, The 2nd Annual Pharmaceutical Marketing Compliance Congress
January 31 – February 1, 2005, Washington, DC
“The Growing Role of Whistleblowers”

Panelist, The Fifth Annual Pharmaceutical Regulatory and Compliance Congress
November 14 – 17, 2004, Washington, DC
“Qui Tam Update Panel”

Panelist, Fourth Annual Conference for Qui Tam Relators’ Counsel
October 14 and 15, 2004, Washington, DC
“The Federal Food, Drug and Cosmetic Act and Its Application to Qui Tam: Pharmaceutical and Medical Device Cases”

Faculty, National Pharma Audioconference: Lessons of the Pfizer Settlement for Off-Label Promotion – Compliance Issues and Practices
June 23, 2004

 

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