Brian P. Kenney Founding Partner Mr. Kenney is a founding member of Kenney & McCafferty, PC. He has led the firm's development of anti-fraud litigation and whistleblower practices. He also represents government agencies as a special prosecutor and in internal investigations. Mr. Kenney has over twenty five years experience trying complex civil and criminal tax and fraud matters, both as a federal prosecutor and federal criminal defense attorney. Mr. Kenney recently represented the whistleblower in United States v Estar, Inc., a complex, international scheme in which the United States, as of June of 2007, has recovered over $60 million as a result Mr. Kenney's client disclosing a stock and tax fraud scheme orchestrated by a Taiwanese based corporate conglomerate. Mr. Kenney has tried federal criminal tax cases as both defense counsel and prosecutor. He has also represented dozens of tax whistleblowers involving tax shelters, transfer pricing, and other sophisticated tax frauds. He was recently invited to participate in a Senate Finance Committee roundtable to discuss the new tax whistleblower law enacted in 2007. He is also a lecturer in the evolving area of tax whistleblower law. Mr. Kenney False Claims Act practice has included both plaintiff and defense practices. In 1995, he also the lead attorney in a case that successfully pioneered the use of the Anti-Kickback Act as a basis for a False Claims prosecution in United States ex rel Weissman v. Mediq Imaging Services, Inc. et al. The use of the Anti-Kickback Act as a predicate offense for a False Claims Act has now been accepted by both the Department of Justice and the federal Courts. In 1995, Mr. Kenney also defended one of the first cases brought under the False Claims Act against healthcare consultants for providing advice to clients in United States v Metzinger. Mr. Kenney is currently the lead attorney in numerous ongoing qui tam matters under the False Claims Act addressing pharmaceutical fraud as well as healthcare and defense contracting fraud, most of which remain under seal and undisclosed to the public. He is lead attorney in the following ongoing publicly disclosed False Claims Act qui tam litigations: United States ex rel Julie Williams et al v. Renal Care Group et al (pending in the United States District Court for the Eastern District of Missouri, alleging a national scheme to defraud Medicare by an international provider of dialysis services); United States, ex rel Joyce Roberts et al v KRG Capital, LLC and Trinity Hospice, Inc., et al (pending in the United States District Court for the District of Arizona, alleging a scheme to defraud Medicare by one of the nation's largest providers of hospice services); United States ex rel Greg Westfall et al v. Axiom Worldwide, Inc et al (pending in the United States District Court in the Northern District of Florida, alleging a national scheme to defraud Medicare by the false billing of services for medical devices). Over the past fifteen years, Mr. Kenney has been the lead attorney in numerous successful qui tam cases in which he represented the whistleblower, including: United States ex rel Kelly v. Biotrax Inc., Fresensius Medical Care AG, (Fresensius, an international medical services provider, paid $18 million to settle qui tam action for numerous improper testing schemes relating to dialysis centers); United States v. Genesis, (National nursing home chain agreed to pay 10.4 million to settle various claims of defrauding Medicare); United States v Sun Health Systems, Inc., (National nursing home operator liable for over $10 million as a result of qui tam relating to improper cost reports and improper coding.); United States ex rel Hendricks v. Northwestern Human Resources, Inc., (Pennsylvania's largest provider of social services pleas guilty to a federal felony and agrees to pay approximately $7.8 million dollar to settle criminal and civil actions judgment for failure to comply with state and federal Medicare regulations relating to staffing, coding, billing, and cost report issues); United States ex rel Weissman v. Mediq Imaging Services, Inc. et al, (One of first anti-kickback case successfully prosecuted under the False Claims Act for a mobile imaging company paying kickbacks in return for ordering tests, results in approximate 4.5 million judgment); United States ex rel Basore v. Plummer Precision Optics, (Weapons manufacturer's failure to test, falsification of reports and falsification of custom's reports leads to approximate $3 million dollar judgment, sale of company, and debarment); United States ex rel George Brouder v. Polaroid Corporation (Polaroid agrees to pay $3.2 million for providing false bid data to the General Services Administration and TINA violations.) United States ex rel Folle v. Option Care et al (Option Care, a pharmacy chain agrees to pay $1.4 million to settle claim that is defrauded Medicare/Medicaid in billings related to Synagis.) United States ex rel Lisa Fager v. Jackson County Ambulance Services (Ambulance Company pays 1.4 million settlement as a result of fraudulent coding for services). United States ex rel Moculzski v.Kidspeace Corporation , (A provider of social services agrees to pay $1.9 million to settle false claim action for failure to comply with state and federal regulations relating to staffing, coding and busing issues.) Feman v Fresensius Medical Care AG,(Former employee successfully sues for retaliation for investigating False Claim under subsection 3729(h) of the False Claims Act despite never having filed a False Claims action.); United States v Columbia University (University settles claim for fraudulent coding for services by physicians in surgery department, wrongful termination case settled.); United States ex rel Nancy Bernard v Best Care Home Health Inc (Home health care agencies pay claims to settle fraudulent coding and staffing issues.); United States ex rel Quaicoe v Center for Pain Management (Pain management clinic sued for coding violations and not providing proper services); United States ex rel Denton v Health Ventures, Inc (National nursing home operator liable for improper coding and staffing issues); United States ex rel Hoffman v Kessler Hospital et al, (Fraud related to improper coding and improper provision of lymphedema pumps and other services results in criminal prosecution and civil fines against medical doctor running the program); United States ex rel Strelow v National Medical Care, Inc. et al, (improper coding and unbundling of CPT Codes leads to multi-million dollar settlement). United States ex rel Speer v Princeton Biomedical Lab Inc et al, (Unbundling of CPT lab codes leads to judgment and disbarment of provider of lab services). From 1983 to 1987, Mr. Kenney served as an Assistant United States Attorney for the Eastern District of Pennsylvania where he prosecuted white collar fraud and drug cases. In 1983 Mr. Kenney successfully tried the first case brought in Philadelphia under the Continuing Criminal Enterprise statute in which a drug dealer received a life without parole sentence in United States v Figueroa. He also successfully prosecuted a ground breaking series of bribery cases involving IRS revenue agents in Philadelphia in which over a dozen accountants, taxpayers, and former IRS revenue agents were convicted of bribery and tax evasion charges. Mr. Kenney also successfully prosecuted numerous defense contractors and a series of government fraud and bribery cases arising out of the Defense Personnel Support Center in Philadelphia. Prior to forming Kenney & McCafferty, PC, Mr. Kenney worked as a partner in one of Philadelphia's most successful commercial litigation firms where he specialized in the use of the RICO statute in commercial litigation as well as in internal investigations and white collar criminal defense work. Mr. Kenney has the highest AV Rating by Martindale Hubbell and has been consistently ranked as one of Philadelphia's Super Lawyers by Philadelphia Magazine. He is a former clerk for the Honorable Joseph Leo McGlynn of the United States District Court for the Eastern District of Pennsylvania. He is a 1980 cum laude graduate of theGeorgetown University Law Center and a 1976 magna cum laude graduate of the University of Delaware where he played varsity basketball.
Brian P. McCafferty, Esq.
Brian P. McCafferty Founding Partner
Brian P. McCafferty is a highly regarded trial and appellate lawyer who specializes in labor and employment law, wage and hour litigation, False Claims Act litigation, commercial litigation and complex personal injury and products liability litigation. Mr. McCafferty's variety of experience has ranged from assisting the federal government in recovering hundreds of millions of taxpayer dollars from defense contractors and the oil industry to representing low-wage workers in wage and overtime cases.
Mr. McCafferty is currently and has historically represented workers nationally in the beef, pork and chicken processing industries in seeking fair payment of wages and overtime. His work has resulted in several published decisions favorable to workers: See e.g., Lopez v. Tyson Foods, Inc ., 2007 WL 1291101 (D. Neb. March 20, 2007); Dybevik v. Quality Pork Processors, Inc. , 2001 WL 811124 (D. Minn. July 10, 2001).
While Mr. McCafferty has spent much of his career vindicating the rights of individual workers and citizens, he has also scored important victories for small businesses, corporations and labor organizations. For example, in the published Third Circuit decision Fair Housing Council of Suburban Philadelphia v. Montgomery Newspapers , 141 F.3d 71 (3d Cir. 1998), Mr. McCafferty successfully defended Montgomery Newspapers, a local weekly newspaper company, in both the district court and the Third Circuit, against allegations that it published discriminatory housing advertisements. This case remains an important precedent in Third Circuit law on whether advocacy organizations have standing to sue on issues germane to their causes. Subsequently, Mr. McCafferty testified along with Pulitzer Prize winning journalist Arthur Howe before a Pennsylvania House of Representatives committee which led to amendments in Pennsylvania fair housing laws.
Mr. McCafferty has also served as outside national counsel to the Oil Chemical and Atomic Workers Union (OCAW) and had been involved in advising that organization (which is now part of the United Steelworkers Union) in numerous strikes, lockouts, contract arbitrations, NLRB matters and other labor disputes.
Prior to Kenney and McCafferty, PC, Mr. McCafferty was the Managing Partner of the Philadelphia Office of Texas-based national class action firm Provost Umphrey, LLP. Mr. McCafferty received his law degree from the University of Notre Dame Law School in 1992 and his Bachelor of Arts in Government and International Studies from the University of Notre Dame in 1989. He is admitted to practice in Pennsylvania and the District of Columbia; and he is also admitted to practice in the following federal courts: United States Court of Appeals for the Third, Fourth, Fifth and D.C. Circuits, as well as the United States District Court for the Eastern and Middle Districts of Pennsylvania, the Eastern and Western Districts of Arkansas, the Central District of Illinois, the Western District of Michigan and District of the District of Columbia. Prior to entering private practice, Mr. McCafferty served as a Legal Assistant to the Honorable James Gardner Colins, formerly the President Judge of the Commonwealth Court of Pennsylvania.
Kyle Eisenmann, Esq.
Kyle Eisenmann represents whistleblowers nationwide under the IRS Whistleblower Program and in False Claims Act litigation. Mr. Eisenmann is a graduate of Temple University Beasley School of Law.
During law school, Mr. Eisenmann received commendations for his oral advocacy skills, including the school’s Barrister Award as well its Outstanding Oral Advocate award.
Mr. Eisenmann graduated from the University of Virginia’s McIntire School of Commerce, where he received a Bachelor of Science degree in Commerce with concentrations in Finance and Management, as well as a minor in Psychology. While at Virginia, Mr. Eisenmann was a member of the varsity soccer team.
Mr. Eisenmann is a member of the Pennsylvania Bar Association and is admitted to practice law in Pennsylvania, as well as the United States Tax Court.
Emily C. Lambert, Esq.
Emily C. Lambert
Emily C. Lambert is an Associate with Kenney & McCafferty. Ms. Lambert received her B.A. from Vanderbilt University in Nashville, Tennessee in 2001, and her J.D. from Widener University School of Law in Wilmington, Delaware in 2006. During law school, Ms. Lambert was actively involved in trial advocacy, winning the Hugh B. Pearce trial competition, and ultimately serving as Vice President of the Moe Levine Trial Advocacy Honor Society.
Ms. Lambert gained additional trial experience as a summer intern working in the District Attorney's Office in Philadelphia, and in 2004 served as a judicial extern for the Honorable Chief Judge Chandlee Johnson Kuhn of the Delaware Family Court. Prior to joining K&M, Ms. Lambert was a prosecutor for the State of Delaware Department of Justice as a Deputy Attorney General in the criminal trial division.
Ms. Lambert is a member of the Montgomery County and Pennsylvania Bar Associations, and admitted to practice in both the Supreme Court of Pennsylvania and the Supreme Court of New Jersey. In addition, Ms. Lambert is also admitted to practice in the United States District Court for the Eastern District of Pennsylvania. the Montgomery County and Pennsylvania Bar Associations, and admitted to practice in both the Supreme Court of Pennsylvania and the Supreme Court of New Jersey. In addition, Ms. Lambert is also admitted to practice in the United States District Court for the Eastern District of Pennsylvania.
Meredith T. Deming, Esq.
Meredith T. Deming Meredith Deming, Of Counsel at Kenney & McCafferty, focuses her practice on False Claims Act litigation involving fraud and abuse in the healthcare industry. Prior to joining firm, Ms. Deming developed specialized experience and expertise in complex corporate and commercial matters with a particular emphasis on health care litigation.
Ms. Deming received her J.D. from Villanova University in 1998 and graduated magna cum laude from James Madison University in 1993, where she earned Academic All-American honors.
Ms. Deming is admitted to practice before the Pennsylvania Supreme Court; the United States Court of Appeals for the Third Circuit; and the United States District Court for the Eastern District of Pennsylvania.
Robert P. Brennan
Robert P. Brennan, MST, CPA, CFE
Robert P. Brennan is a former Internal Revenue Agent with over 32 years of experience in dealing with the Internal Revenue Service. He was recently recognized nationally by CPA Magazine as one of the top fifty tax representatives practicing before the IRS. As an agent, he was responsible for the examination of individual, corporate and partnership returns. He has been qualified and has testified as an expert witness for the IRS in criminal tax cases. As a Revenue Agent he specialized in Income Reconstruction cases and authored Internal Revenue Manual sections dealing with reconstructing income where no books or records exist.
Mr. Brennan has a Masters in Taxation and is a Certified Public Accountant and a Certified Fraud Examiner. He assists in all tax whistleblower matters at Kenney and McCafferty. Since leaving the Internal Revenue Service, his expertise has been in dealing with the Internal Revenue Service in whistleblower matters as well as civil and criminal tax matters. These matters include whistleblower cases, civil examinations, collections matters and criminal investigations. Having been a former Agent, this "government" mindset is invaluable in understanding IRS audit issues and the inner workings of the IRS.
Mr. Brennan is currently an Instructor of Accounting at Holy Family University. He lectures regularly at seminars throughout the country on IRS tax matters.
Paul A. Sarmousaki, Esq.
Paul A. Sarmousaki
Of Counsel to the Firm, Mr. Sarmousakis has more than thirty years experience in criminal and civil investigations and litigation. Mr. Sarmousakis has extensive experience in tax, white collar and other fraud investigations and litigation. Mr. Sarmousakis served as a federal prosecutor in the Criminal Division of the United States Attorney's Office for the Eastern District of Pennsylvania from 1982 to 2003 where he prosecuted criminal cases involving tax schemes, money laundering, bank fraud and other white collar crimes.
Mr. Sarmousakis served as a Senior Special Agent in the Criminal Investigative Division of the Internal Revenue Service from June 1973 to 1982. During that time, he investigated and supervised other agent and auditors investigating complex financial investigations into violations of the Internal Revenue Code and the money laundering statutes.
Mr. Sarmousakis has been a presenter and lecturer at Continuing Legal Education programs. In private practice since 2003, Mr. Sarmousakis has specialized in white collar criminal defense, tax investigations, and False Claims Act litigation. He has successfully represented tax whistleblowers in numerous cases including several abusive tax shelter schemes. His advice on tax and fraud issues is often sought by other attorneys involved in complex investigations and litigation.
Mr. Sarmousakis is admitted to practice in Pennsylvania, New Jersey and federal courts, including the Supreme Court of the United States and maintains an office in New Jersey. Mr. Sarmousakis received his B.S. in Commerce and Engineering (Accounting Major) from Drexel University and his J.D. from Widener University School of Law.
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