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Harbinger: Hedge Fund Tax Whistleblower Case Study

A groundbreaking qui tam lawsuit brought under the New York State False Claims Act recovered $70 million from Hedge Fund and related entities resulting from a tax allocation fraud scheme.

Getnick Law Client Blows Whistle on Hedge Fund Tax Fraud Scheme

Getnick Law, along with co-counsel, represented the whistleblower in this tax evasion case brought against Harbinger Capital Partners Offshore Manager LLC, the investment manager for New York-based hedge funds run by Philip Falcone, and related entities and individuals, including Harbert Management Corporation, an Alabama-based investment company. The lawsuit alleged that the defendants evaded New York State and City taxes by shifting New York-derived income to Alabama to avoid New York’s higher tax rates.

In the case’s first settlement, achieved in April 2017, Harbert and related entities and individuals paid $40 million. Getnick Law’s client received 22% of the settlement ($8.8 million), the then-largest amount and percentage award for a whistleblower in a New York False Claims Act case not involving Medicaid. In the case’s second settlement, achieved in September 2018, Harbinger Capital Partners Offshore Manager LLC paid $30 million. Getnick Law’s client received 22% ($6.6 million) of that settlement as well.

The cases received wide-scale press coverage, including in the New York Times, Wall Street Journal, and New York Law Journal. Read more about the first and second settlement.

Related Materials (First Settlement: $40 Million)

Related Materials (Second Settlement: $30 Million)