Nationally recognized as a dedicated advocate for whistleblowers in suits involving violations of the federal False Claims Act, Brian Markovitz focuses on holding employers accountable for engaging in massive fraudulent schemes and retaliating against brave employees who report their misconduct. He protects clients all over the country who blow the whistle on illegal activities within several industries, including healthcare, pharmaceuticals, construction plus many more.
Brian handles both individual and class action suits involving a broad range of fraudulent schemes with potential civil and criminal liability, including:
- Medicare and Medicaid fraud
- Providing unnecessary or unreasonable medical services
- Falsifying records, symptoms, tests, services or diagnoses
- Billing for services that were not provided
- Kickbacks, referral fees and quid pro quo schemes
- False and off-label marketing promotion
- Contractor self-dealing; and
- Construction-related fraud
Brian has built a strong reputation as one of the country’s leading practitioners in whistleblower litigation. Popular news sources such as The Washington Post, Baltimore Sun, Bloomberg BNA, The Wall Street Journal and Law360 often call on Brian to provide commentary on high-profile whistleblower cases litigated throughout the country.
Brian has worked with law enforcement officials to recover millions of taxpayer dollars, while also obtaining justice and compensation for clients who are victims of retaliation by their employers. He previously helped a client blow the whistle on Allergan, the maker of Botox®, based on its off-label marketing of the product for pharmaceutical purposes. The efforts of Brian’s team ultimately led to Allergan’s guilty plea to criminal charges and a total settlement of $600 million in civil and criminal fines.
Brian also represented a government contractor in Afghanistan who blew the whistle on his employer’s misappropriation of government funds. His investigation uncovered fraudulent subcontracts worth nearly $20 million that led to the indictments of the scheme organizers and a favorable settlement for his client.
Brian’s goal isn’t just to win the case – it’s also about helping each client in every way he can. He understands that clients are facing an incredibly tough choice between turning a blind eye to misconduct or reporting it to authorities with the risk of suffering various forms of retaliation, including termination. Clients trust Brian to guide them through this difficult decision, and he’s always prepared to enforce their rights in the courtroom after all other alternatives to resolve the case have been exhausted.
Dickinson College, B.A., 1993
Georgetown University Law Center, J.D., 2000
Washington, D.C., 2000
U.S. District Court for the District of Columbia
U.S. District Court for the District of Maryland
U.S. District Court Northern District of Illinois
U.S. Court of Appeals for the Fourth Circuit
Outside the Office
Brian is a drummer in indie rock bands that played at famous venues and events such as New York City’s CBGB's, the District of Columbia’s 9:30 Club and the Black Cat, and at Lollapalooza. He still enjoys playing the drums when he's not spending time with his children at school functions and sporting events.
Awards & Honors
- Local Litigation Star, Benchmark Guide, 2012
- Local Litigation Star, Benchmark Guide, 2013
- Top 100, The National Trial Lawyers, 2018
- Speaker, Jackson Lewis Government Contractor Symposium, March 2017
- Speaker, Virginia State Building & Construction Trades Council, Winter Meeting, January 2015
- Presenter, “Emerging Legal Landscape of Discrimination,” Maryland Chamber of Commerce Labor and Employment Law Conference, November 2014
- Quoted in Bloomberg BNA, Showdown Over Class Action Waivers to Kick Off High Court’s Term,October 2017
- Quoted in Bloomberg BNA, Prior Settlement Knocks Out Lawsuit Against Pediatric Providers, September 2017
- Quoted in Law360, 3 Questions Facing Employers As DACA Dissolves, September 2017
- Quoted in Law360, High Court Term Ends with Little Fireworks, July 2017
- Quoted in Law360, Attys Dish On Escobar's FCA Impact One Year Later, June 2017
- Quoted in Law360, What United and Fox Can Teach Companies About Victim Blaming, May 2017
- Quoted in Law360, UNC 'Sham' Classes Claims To Have A Tough Time In Court, May2017
- Quoted in Bloomberg Law, DOJ Joins One More Whistle-Blower Lawsuit Alleging UnitedHealth Overcharged Medicare, May 2017
- Authored article for Bloomberg Law, Don’t Let Implied-Certification False Claims Bring You Down: Just Remember the Golden Rule!, April 2017
- Quoted in Law360, Acosta Hearing Expected To Drill Down On DOJ Tenure, March 2017
- Featured in The Maryland Daily Record, Md. lawyer making ‘Wednesday’ happen, February 2017
- Quoted in Bloomberg BNA, Escobar FCA Claims Clear First Circuit Setting Up Implied Certification Theory Trial, December 2016
- Appeared on Fox News, Washington DC Police Officer Wins Employment Discrimination Case, January 2016
- Featured in Westlaw Journal, 2 Firms Pay $1.75 Million to End Afghanistan Contract Fraud Case, October 2015
- Quoted in Law360, 6th Circ. Denies Hospital's En Banc Review Plea In FCA Case , April 2015
- Quoted in CBS Moneywatch, Why Amazon is nervous about Supreme Court case, October 2014