Benjamin Sokoly

Benjamin’s representative matters include:

FCA/Government Contracting

• Representation of lenders in connection with investigations conducted by numerous federal government agencies related to the CARES Act program, including the Paycheck Protection Program.
• Representation of a Fortune 100 company in connection with parallel federal and multi-state investigations of alleged violations of federal and state false claims acts involving government contracts for technology and security systems.
• Representation of an international manufacturer of artificial playing surfaces in connection with a qui tam action alleging violations of the New York State and City False Claims Acts. Secured a voluntary dismissal with prejudice of all of relator’s claims in the qui tam action.

FCA/Health Care

• Successfully represented a major insurance company and certain affiliates in defense of False Claims Act complaint, obtaining a pre-trial dismissal of the complaint with prejudice. Thereafter, successfully represented clients in connection with the appeal of the decision to the Second Circuit Court of Appeals, securing an affirmance of the lower court’s dismissal with prejudice.
• Representation of substance abuse treatment centers in connection with an investigation by the U.S. Attorney’s Office for the Eastern District of Kentucky, the Drug Enforcement Administration, and other enforcement agencies regarding allegations of drug diversion and insurance fraud and the anticipated trial of the former owners and doctors at the treatment centers. Provided compliance advice to the treatment centers—assisting the centers to update certain procedures and advising the centers on various best practices to ensure compliance with applicable laws and regulations.
• Represent a rehabilitation therapy provider and certain current and former employees of the provider in connection with federal investigations of alleged violations of the federal False Claims Acts.
• Representation of a Fortune 500 company in connection with an investigation of alleged violations of the False Claims Act and Anti-Kickback Statute.
• Representation of a Fortune 500 company in connection with a qui tam action pending in the United States District Court for the District of Massachusetts brought under federal and state false claims acts based upon alleged unlawful discount and rebate arrangements related to the purchase and sale of certain pharmaceuticals.
• Served as an integral member of a team that secured a significant victory for a Fortune 500 company by persuading a relator to voluntarily dismiss qui tam claims brought under federal and state false claims acts based upon allegations that the company engaged in health care fraud with respect to the purchase and sale of certain pharmaceuticals. Relator dismissed company after motion to dismiss was filed without requiring the company to make any settlement payments.
• Representation of a Fortune 500 company in a qui tam action brought under federal and state false claims acts based upon allegations that the company paid unlawful kickbacks in connection with the acquisition of certain pharmacies. The team successfully secured a declination of intervention from the relevant federal and state government authorities and a favorable resolution of the qui tam litigation.

Government Investigations and white collar defense

• Representation of an internet media and services company in connection with a multi-state attorneys’ general investigation of alleged deceptive practices, false advertising, and fraud.
• Representation of a non-profit hospital and certain former employees in connection with a wide-ranging criminal investigation conducted by a state attorney general’s office.
• Representation of a global investment bank in a multi-billion-dollar, cross-border FCPA investigation, along with related shareholder, derivative, and class action securities litigation.
• Representation of a major international financial institution and its current and former employees in their defense of grand jury, SEC, IRS, and congressional investigations and related civil litigation relating to tax-related transactions.
• Representation of a global investment bank in connection with a wide-ranging Commodity Futures Trading Commission investigation.

Pro Bono

• Representation of a pro bono client in a housing repair action, including leading a team of associates in preparing and filing a summary judgment motion and arguing the motion
• Representation of pro bono clients seeking name changes with the Transgender Legal Defense & Education Fund