Silvija A. Strikis

Education

Georgetown University Law Center, J.D., summa cum laude, 1995
- Articles Editor, The Georgetown Law Journal, 1993-1994
University of Maryland, University College, B.S., summa cum laude, 1985
Certified Public Accountant (inactive)

Clerkships

Law Clerk, Justice Sandra Day O’Connor, U.S. Supreme Court, 1997-1998
Bristow Fellow, Office of the Solicitor General of the United States, 1996-1997
Law Clerk, Judge Harry T. Edwards, U.S. Court of Appeals, District of Columbia Circuit, 1995-1996

Admitted

1991, U.S. Tax Court (by examination)
1995, Maryland
1998, Supreme Court of the United States
2001, District of Columbia

Silvija A. Strikis advises and represents clients in antitrust, professional malpractice, securities fraud, government investigations, and other actions. She also has expertise in federal and state False Claims Act actions, in which she has successfully represented several relators. Silvija is able to leverage her strong financial and economics background and understanding of litigation in state and federal courts to successfully navigate complex legal matters for clients, regardless of which side of the “v” they are on.

Before and during law school, she practiced as a Certified Public Accountant, providing her with the expertise to advise clients about, and to litigate, issues involving claims of accounting and auditing malpractice, as well as other financial issues. She successfully represented CUNA Mutual Group in cases against eight major Wall Street banks serving as mortgage-backed securities underwriters, and helped obtain complete reversal on appeal of the trial court’s dismissal at summary judgment. See CMFG Life Insurance v. RBS Securities, Inc., 799 F.3d 729 (7th Cir. 2015). Eventually, all defendants agreed to settlements.

Her work on behalf of relators in False Claims Act cases has resulted in noteworthy verdicts and settlements, including an $885 million combined civil and criminal settlement with AmerisourceBergen that is one of the largest pharmaceutical qui tam settlements in history, one of the largest whistleblower verdicts upheld on appeal in a Medicare fraud case against skilled nursing facilities in Florida that resulted in judgment of more than $255 million and for which Silvija was named a “2017 Winning Litigator” for her role as lead counsel, and the recovery of criminal fines and civil damages of more than $700 million in litigation alleging that Amgen and other companies violated federal and state False Claims Acts. See United States ex rel. Mullen v. AmerisourceBergen Corp., No. CV-10-4856 (E.D.N.Y.); United States ex rel. Ruckh v. Genoa Healthcare, LLC (M.D. Fla., 11th Cir.); United States ex rel. Westmoreland v. Amgen, Inc., No. 06-cv-10972 (D. Mass.) and 652 F.3d 103 (1st Cir. 2011); 2017 NLJ Winning Litigator: Silvija Strikis and Jim Webster, Kellogg, Hansen, Todd, Figel & Frederick, Nat’l L. J. (Sept. 25, 2017). In addition, Silvija is experienced in negotiating resolutions between parties when disputes arise among relators, the government, or defendants in False Claims Act matters. See United States ex rel. Montecalvo v. Shire Regenerative Medicine, Inc., Case No. 816-cv-268 (M.D. Fla.); United States ex rel. LaCorte v. Wyeth, C.A. No. 06-11724 (D. Mass.).

Silvija has also represented clients in a number of confidential arbitration proceedings regarding accounting and other claims as well as in confidential government investigations.

In addition, Silvija served in a lead role on the Plaintiffs’ Steering Committee in a medical device products liability litigation that successfully settled shortly before representative trials. In re: Guidant Defibrillators Products Liability Litigation, MDL No. 05-1708 (D. Minn.). She also successfully represented plaintiffs in In re Medtronic, Inc., Implantable Defibrillators Product Liability Litigation, MDL No. 05-1726 (D. Minn.).

Representative Experience

United States ex rel. Ruckh v. CMC II, LLC (M.D. Fla., 11th Cir.). Lead counsel representation of qui tam relator in federal and state False Claims Act ligation involving fraudulent Medicare billing by one of the nation’s largest skilled nursing facilities, Consulate Health Care. Following a successful jury trial, on appeal the Eleventh Circuit upheld a more than $255 million judgment against the defendants. This is one of the largest whistleblower jury verdicts to be upheld on appeal.
United States ex rel. Mullen v. AmerisourceBergen Corp., et al., No. CV-10-4856 (E.D.N.Y.). Representation of qui tam relator in a landmark $625 million civil settlement between AmerisourceBergen and federal and state prosecutors over false claims submitted for unapproved and adulterated drugs, double-billing from exploiting overfill, and kickbacks to physicians. Kellogg Hansen’s client was also critical in the government’s criminal investigation of the company, which led to its conviction for violations of the Food Drug and Cosmetic Act and criminal fines totaling $260 million. The combined $885 million settlement is one of the largest pharmaceutical settlements in history and includes a Corporate Integrity Agreement between AmerisourceBergen and the Office of Inspector General of the Department of Health and Human Services.
United States ex rel. Westmoreland v. Amgen, No. 1:06-cv-10972 (D. Mass.) & 652 F.3d 103 (1st Cir. 2011). Representation of qui tam relator in a case alleging that Amgen and other companies violated federal and state False Claims Acts by causing the submission of fraudulent claims to Medicare and Medicaid relating to “overfill” amounts in vials of Amgen’s flagship anemia drug and other misconduct. This case was unsealed in the District of Massachusetts, heavily litigated up to the eve of trial, and settled shortly before trial, resulting in criminal fines and civil damages of more than $700 million. See http://www.taf.org/Amgen-Westmoreland-PR.pdf. The case also included a successful appeal from dismissal of state FCA claims in the First Circuit.
United States ex rel. Wright v. Chevron USA, Inc., et al., No. 5:03-CV-264 (E.D. Tex.). Representation of qui tam relator in a federal False Claims Act case involving failure to pay natural gas royalties to the United States. Case resulted in settlements totaling more than $275 million by major natural gas manufacturers, including ExxonMobil, ChevronTexaco, and BP. See, e.g., http://www.justice.gov/opa/pr/2009/December/09-civ-1379.html.

United States ex rel. Bennett v. US WorldMeds, LLC, Case No. 3:13-cv-00363 (D. Conn.). Representation of qui tam relator in a federal and state False Claims Act action. Case resulted in $17.5 million settlement.
United States ex rel. Montecalvo v. Shire Regenerative Medicine, Civ. No. 8:16-cv-268 (M.D. Fla.). Representation of qui tam relator in federal and state False Claims Act case and in follow on litigation regarding allocation of relator share among multiple relators.
United States ex rel. LaCorte v. Wyeth, C.A. No. 06-11724 (D. Mass.). Representation of qui tam relator in action to recover statutory legal fees pursuant to the False Claims Act.
Bain Capital Partners LLC v. Ernst & Young Global Limited, Civ. Action No. 14-1765 (Mass. Super. Ct.). Representation of investor in action against accounting firm.
Navistar International Corp. v. Deloitte & Touche LLP, No. 2011 L 004269 (Ill. Cir. Ct., Cook Cnty.). Representation of publicly traded company in successfully asserting claims against the company’s former auditor.
Thomas H. Lee Equity Fund V, L.P., et al. v. Mayer, Brown, Rowe & Maw LLP, No. 07 Civ. 6767 (S.D.N.Y.) & Thomas H. Lee Equity Fund V, L.P. v. Grant Thornton LLP, No. 07 Civ. 8663 (S.D.N.Y.). Representation of investors in Refco in successfully asserting claims against Refco’s former auditor and attorneys.
TiVo Inc. v. Verizon Communications Inc., No. 2:09-cv-257-JRG (E.D. Tex. 2012). Representation of major national telecommunications company in defending high-stakes patent-infringement action concerning digital video recorders; obtained favorable settlement on eve of trial. Particular focus on damages and Daubert issues.
In re Guidant Defibrillators Products Liability Litigation, MDL No. 05-1708 (D. Minn.). Lead role on Plaintiffs’ Steering Committee of Multi District Litigation, particularly in all discovery matters, resulting in successful settlement shortly before representative trials.

Achievements

2017 NLJ Winning Litigator
The American Lawyer Litigator of the Week re rel. Ruckh v. Salus Rehabilitation

Articles, News & Events

Panelist, “Honoring the Legacy of Associate Justice Sandra Day O’Conno,” Federal Bar Association (January 2024)
Author, “Remedies for Actions in Equity,” in Proving and Defending Damages (Wolters Kluwer)
Panelist, “Asset Forfeiture,” Federal Bar Association Qui Tam Conference (February 2020)
“Oral History of The Honorable John A. Terry,” The Historical Society of the District of Columbia Circuit (2011)
Contributor: Stalked: Breaking the Silence on the Crime of Stalking in America, Pocket Books/Simon & Schuster (1995)
Elements Required for Qualifying as an Innocent Spouse Still Far from Clear, 81 J. Tax. 354 (1994)
Service Increases Use of ‘Impeding IRS’ Provision To Prosecute Tax Professionals, 80 J. Tax. 362 (1994)

News

June 25, 2020

$255 Million Medicare Fraud Verdict Upheld Against Consulate Health Care in Whistleblower Suit

June 25, 2020— The United States Court of Appeals for the Eleventh Circuit affirmed a jury verdict that a management company and skilled nursing facilities owned by Consulate Health Care engaged in a multi-year scheme to defraud Medicare by misrepresenting the level of services they provided. The court rejected the defendants’ argument that their billing practices were immaterial to the government. The decision reinstates the jury’s verdict of $85,137,095, resulting in a judgment of more than $255 million after trebling and statutory penalties. This represents one of the largest False Claims Act (FCA) jury verdict upheld on appeal. “We are gratified that the jury’s Medicare verdict has been affirmed and we are thankful for our client’s personal sacrifice to ensure one of the nation’s largest providers of senior healthcare services is held accountable for committing fraud against American taxpayers,” stated Derek Ho, lead appellate counsel for the whistleblower, Angela Ruckh. Ms. Ruckh is a career nurse with more than 20 years\' experience working in skilled nursing facilities. When she worked at Consulate’s facilities, she observed them routinely submitting upcoded claims and falsifying reports summarizing patients’ medical conditions and treatment. Ms. Ruckh filed a False Claims Act complaint in 2011 on behalf of the United States and the State of Florida. The U.S. Department of Justice and the State of Florida declined to intervene in the case, but Ms. Ruckh and her attorneys persisted and fought the defendants on the government’s behalf. The case went before a federal jury in Tampa, Florida, in January 2017. The evidence at trial included not only the financial loss suffered by taxpayers, but also the human cost associated with defendants’ practices. As lead trial counsel, James Webster, explained to the jury: “[T]he mission … was not care, it was making money. They placed profits ahead of care. They pressured the therapists and the nurses to do whatever it took to maximize … profits.” After a 20-day trial, the jury returned one of the largest qui tam verdicts in history. However, the district judge granted the defendants’ motion for judgment notwithstanding the verdict. Ms. Ruckh and her attorneys appealed. “The affirmance of the jury’s verdict is the culmination of nearly eight years of work on the part of our client and our legal team,” stated the whistleblower’s lead counsel, Silvija Strikis. “We are thankful for the trust our client placed in us to take on this case with her.” Case citation: Judgments, United States ex rel. Ruckh v. CMC II LLC, No. 11-1303 (M.D. Fla. Mar. 1, 2017), judgments vacated, 304 F. Supp. 3d 1258 (M.D. Fla. Jan. 11, 2018), aff’d in part, vacated in part, rev’d in part sub nom. United States ex rel. Ruckh v. Salus Rehabilitation, LLC, No. 18-10500, 2020 WL 3467393 (11th Cir. June 25, 2020). ..

October 01, 2018

Former AmerisourceBergen Executive Blows the Whistle on Massive Drug Overfill Laundering Scheme, Leading to $885 Million Combined Civil and Criminal Settlement

October 1, 2018— Michael Mullen, the former chief operating officer of a subsidiary of AmerisourceBergen Corporation (NYSE: ABC), played an instrumental role in a landmark $625 million civil settlement announced today between his former company and federal and state prosecutors over false claims submitted for unapproved and adulterated drugs, double-billing from exploiting overfill, and kickbacks to physicians. His whistleblowing was also critical in the government’s criminal investigation of the company, which led to its conviction for violations of the Food Drug and Cosmetic Act and criminal fines totaling $260 million. The combined $885 million settlement is one of the largest pharmaceutical settlements in history and includes a Corporate Integrity Agreement between AmerisourceBergen and the Office of Inspector General of the Department of Health and Human Services. “Mr. Mullen courageously spoke up internally about compliance issues, which cost him his job, and then alerted law enforcement of his concerns after vetting his claims with whistleblower attorneys,” said Mr. Mullen’s attorney, Bob Thomas. “He did the right thing, and we are immensely proud of him.” At issue were drugs used to treat cancer or the side effects of cancer treatments. As set forth in the government’s civil settlement papers and criminal charging documents, the defendants illegally harvested overfill by repackaging manufacturer-produced vials into pre-filled syringes at an unlicensed facility operating outside the regulatory oversight of the U.S. Food and Drug Administration. The defendants then offered the syringes to physicians at a discount, and patients unwittingly received drugs that had been manipulated in ways resulting in adulteration and contamination. “Cancer patients have the right to be treated using drugs that are not adulterated or contaminated, and drug wholesalers have a duty to ensure the safety and security of the drugs they distribute,” stated Mr. Mullen. “The unlicensed facility is now closed, and I am hopeful our efforts have made a positive difference in patients’ lives.” Mr. Mullen provided the first-hand, operational knowledge necessary to detect AmerisourceBergen’s violations of federal and state laws. His amended qui tam complaint, unsealed today in the United States District Court for the Eastern District of New York, details AmerisourceBergen’s overfill laundering scheme and the executives who knew about the oncology business model and regulatory issues, including the former and current AmerisourceBergen CEOs. “When presented with compliance problems, AmerisourceBergen swept them under the rug to maximize profits,” stated Mr. Mullen’s attorney, Joseph Hall. “The settlement and criminal conviction would not have come to fruition without Mr. Mullen risking his career, livelihood, and reputation to ensure these practices were stopped. We are thankful Mr. Mullen entrusted us with this case.” The whistleblowers are set to receive approximately $99 million in a whistleblower award. Mr. Mullen will be sharing the award with three other whistleblowers who later corroborated his allegations in complaints filed after his. Mr. Mullen is represented by Bob Thomas and Suzanne Durrell of the Whistleblower Law Collaborative, Joseph Hall, Silvija Strikis, and Andrew Shen of Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., and Neil Cartusciello of Cartusciello & Kozachek LLC. “AmerisourceBergen no longer produces millions of pre-filled syringes because of the outstanding work of this team and the government,” stated Mr. Mullen. “I would like to thank the United States Attorney’s Office for the Eastern District of New York, particularly Assistant U.S. Attorneys Deborah Zwany and Matthew Silverman, the Civil Frauds Section of the Department of Justice, particularly Sanjay Bhambhani, the State Medicaid Fraud Control Units, and the law enforcement agents.” The drugs used in the pre-filled syringes program were Procrit®, Aloxi®, Kytril®, generic versions of granisetron injection, Anzemet® and Neupogen®. Press Contacts:Bob Thomas | bob@thomasdurrell.com | 857-207-0924Whistleblower Law Collaborative Joseph Hall | jhall@kellogghansen.com | 202-326-7983Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. ..