Whistleblower Law Collaborative

Law Firm Overview

Whistleblower Law Collaborative is comprised of Robert M. Thomas, Jr. (Thomas & Associates) and Suzanne E. Durrell (Durrell Law Office).  Both are former federal prosecutors and experts on the subject of the federal and state False Claims Act.  Together they empower whistleblowers to come forward to serve the public interest.  Mr. Thomas and Ms. Durrell's prosecutorial training, along with their experience as trial lawyers, increases the chances of a successful result.  They offer reasoned judgment, meticulous preparation and impeccable experience on behalf of the whistleblower client

Areas of Practice

• False Claims Act/Qui Tam
• Health Care Fraud/FDA Violations
• Government Contract and Procurement Fraud
• Securities Fraud and SEC Violations
• Tax Fraud and IRS Violations

Honors and Awards

• Attorney General's Award for Exceptional Service (SED)
• EPA Bronze Award (RMT)
• President?s Council on Efficiency and Integrity Award for Excellence in Investigations
• United States Department of Health and Human Services Office of Inspector General Cooperative Achievement Award
• The National Health Care Anti-Fraud Association: Honorable Mention for Case of the Year
• The Department of Justice Crime Victims Fund Award
• Director?s Award for Superior Performance as an Assistant U.S. Attorney, Executive Office of U.S. Attorneys
• Mark Gallinghouse Memorial Award for Excellence in Financial Litigation, Executive Office of U.S. Attorneys
• Inspector General's Integrity Award, United States Department of Health and Human Services
• Both rated AV by Martindale Hubbell?s peer-rating system for over twenty years, which is the highest rating both for competence and for ethical practices

Published Works

• Excessive Fines Clause of the 8th Amendment and the Civil FCA (SED), False Claims Act and Qui Tam Quarterly Review, Vol. 27, 2002
• Excessive Fines Clause of the 8th Amendment and the Civil FCA (SED), American Bar Association, Nat'l Institute on Civil FCA, 2001
• The Excessive Fines Clause of the Eighth Amendment and the Civil False Claims Act: To United States v. Bajakajian and Beyond., merican Bar Association: 3rd Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, November 2001
• Ethical Issues Arising During a Civil Law Enforcement Investigation,, Department of Justice Office of Legal Education, 1999
• Double Jeopardy: Multiple Prosecutions Arising From the Same Transaction, American Criminal Law Review Note, Volume 15, No. 3, 259-89 , 1978

Classes and Seminars

• Fraud & Abuse in Healthcare (RMT), Boston University School of Law, 2011 - Present
• Recent Developments in False Claims Act Litigation, Suffolk University, 2011 - Present
• Panelist, False Claims Litigation 2010, Practicing Law Institute
• Panelist: Nuts and Bolts of Qui Tam Actions., American Bar Association:Young Lawyer's Subcommittee of the Regional ABA White Collar Crime Committee
• The 16th Annual National Institute on Health Care Fraud , American Bar Association
• Panelist: Settlements and Mediation, Taxpayers Against Fraud: Annual Conference
• 5th Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, American Bar Association
• Case Studies: Discussion of Significant Qui Tam Cases., The Seminar Group: Qui Tam Litigation Under the False Claims Act, Seattle, Washington
• Litigating Qui Tam Cases, American Bar Association: 18th Annual National Institute on White Collar Crime
• Third Annual Conference for Qui Tam Relators? Counsel, Taxpayers Against Fraud Education Fund

Pro Bono Activities

• Massachusetts Bar Association Committee on Professional Ethics (SED), 1984 - 1991

Representative Clients

• U.S. et al v. Amgen et al, 06-10972 D. Mass.
• U.S. et al v. Elan Corp., 04-11594 D. Mass.
• U.S. et al v. WellCare, 3:07cv1688 D. Conn.
• U.S. et al v. Forest Labs, 03-10395 D. Mass.
• U.S. et al. v. Pfizer Inc., 04-11780 D. Mass.
• U.S. et al. v. Aggregate Industries, PLC, et al., 06-11379 D. Mass.
• U.S. et al. v. St. Jude Medical, 06-11166 D. Mass.
• U.S. et al. v. East Boston Neighborhood Health Center Corp, et al., 03-12360 D. Mass.

Representative Cases

• U.S. ex rel. Westmoreland v. Amgen, et al., WL 4342721 (D.Mass 2011)
• U.S. ex rel. Westmoreland v. Amgen, et al., 652 F.3d 103 (1st Cir. 2011)
• U.S. ex rel. Westmoreland v. Amgen, et al., 738 F.Supp.2d 267 (D. Mass 2010)
• U.S. ex rel. Gobble v. Forest Labs, et al, 729 F.Supp.2d 446 (D. Mass 2010)
• U.S. ex rel. Westmoreland v. Amgen, et al, 707 F.Supp.2d 123 (D. Mass 2010)
• U.S. ex rel. Garcia, et al. v. Serono, Inc, WL 728939 (D. Mass 2008)
• United States v. Real Property, Building and Appurtenances Located at 221 Dana Avenue, Hyde Park, MA, 261 F.3d 65 (1st Cir. 2001)
• Friedman v. Shalala, 46 F.3d 115 (1st Cir. 1995)
• Fernandez v. Leonard, 963 F.2d 459 (1st Cir. 1992)
• 10. Commonwealth of Massachusetts, et al. v. Louis W. Sullivan, Secretary of Health and Human Services, 873 F.2d 1528 (1st Cir. 1989)
• 10. Commonwealth of Massachusetts, et al. v. Louis W. Sullivan, Secretary of Health and Human Services: affirmed on rehearing en banc, 899 F.2d 53 (1st Cir. 1990)
• 10. Commonwealth of Massachusetts, et al. v. Louis W. Sullivan, Secretary of Health and Human Services:cert. granted and vacated , 500 U.S. 949 (1st Cir. 1991)
• Rubie Rogers v. Robert Okin, 638 F. Supp. 934 (1986 1986)
• Rubie Rogers v. Robert Okin: vacated and remanded, 821 F.2d 22 (1st Cir. 1987)

West Practice Categories

Drugs & Medical Devices, Government Contracts, Health Care, Whistleblower-Qui Tam