Suzanne E. Durrell

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Following a distinguished twelve year career with the United States Department of Justice, Attorney Suzanne E. Durrell established a private law practice in 2003 representing whistleblowers and handling False Claims Act and other white collar civil litigation in Boston, Massachusetts.

 

Ms. Durrell associates with Attorney Robert M. Thomas, Jr. of Thomas & Associates in Boston for joint representation of qui tam relators as part of the Whistleblower Law Collaborative. The collaboration of Ms. Durrell and Mr. Thomas in the whistleblower practice arena has become known as one of the pre-eminent qui tam practices nationwide.

 

Ms. Durrell is the former Chief, Civil Division of the United States Attorney’s Office in Boston. While at the U.S. Attorney’s Office, she supervised the office’s qui tam and False Claims Act litigations.

 

She also prosecuted a number of cases, most notably, serving as the lead civil attorney on the five qui tam cases and investigation against National Medical Care, Inc./Fresenius that resulted in a then record $486 million settlement (January 2000).

 

She received several honors including the Attorney General’s Award for Exceptional Service, the most prestigious recognition bestowed by the Department of Justice.

 

She also held the position of Deputy Associate Attorney General at the Justice Department in Washington, D.C.

 

Prior to joining the U.S. Attorney’s Office, Ms. Durrell was an Assistant Attorney General for the Commonwealth of Massachusetts (1984-1989) and an associate at the law firm of Hill & Barlow in Boston (1978-1984).

 

Durrell Law Office has obtained successful results for whistleblowers in several substantial False Claims Act qui tam cases including cases against:

 

  • Pfizer ($2.3 billion recovered)
  • Amgen ($762 million recovered)
  • Serono ($704 million recovered)
  • Bechtel/Parsons Brinckerhoff (more than $400 million recovered)
  • Forest Labs ($303 million recovered)
  • Elan ($203 million recovered)
  • Amedisys ($150 million recovered)
  • WellCare ($137.5 million recovered)
  • Aggregate Industries PLC (more than $42 million recovered)
  • International Nephrology Network ($15 million recovered)
  • Eisai ($11 million recovered)
  • North Atlantic Medical Services ($852,378 recovered)

 

Attorney Suzanne E. Durrell, Durrell Law Office

Attorney Suzanne E. Durrell, Durrell Law Office

In addition, Ms. Durrell and Mr. Thomas currently represent whistleblowers in many ongoing False Claims Act qui tam cases pending under seal around the country as well as clients in SEC and IRS whistleblower matters.

 

Atty. Durrell is a 1978 cum laude graduate of Georgetown University Law Center (where she served as a Notes Editor on the American Criminal Law Review) and a 1975 graduate with honors of Swarthmore College.

 

She is a member of the bar of the Commonwealth of Massachusetts, the United States District Court for the District of Massachusetts, the United States Court of Appeals for the First Circuit, and the United States Supreme Court.

 

Ms. Durrell has been rated AV by Martindale Hubbell’s peer-rating system for over twenty-five years, which is the highest rating both for competence and for ethical practices.

 

She is a frequent speaker at national conferences and has authored articles on the False Claims Act.

 

 

617.333.9681

suzanne@thomasdurrell.com

 

 

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 Violations

Litigation Percentage

  • 100% of Practice Devoted to Litigation

Bar Admissions

  • Massachusetts, 1978
  • U.S. District Court District of Massachusetts, 1979
  • U.S. Court of Appeals 1st Circuit, 1982
  • U.S. Supreme Court, 1985

Education

  • Georgetown University Law Center, Washington, District of Columbia
    • J.D.  cum laude – 1978
    • Honors: With High Honors
    • Law Review: American Criminal , Notes Editor – Staff Member, 1976 – 1978
  • Swarthmore College, Swarthmore, Pennsylvania
    • B.A. – 1975
    • Honors: With High Honors
    • Major: Sociology
    • Minor: Political Science

Published Works

  • Excessive Fines Clause of the 8th Amendment and the Civil FCA, False Claims Act and Qui Tam Quarterly Review, Vol. 27, 2002
  • Excessive Fines Clause of the 8th Amendment and the Civil FCA, 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., American Bar Association: 3rd Annual National Institution 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

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)
  • 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)
  • Commonwealth of Massachusetts, et al. v. Louis W. Sullivan, Secretary of Health and Human Services, 873 F.2d 1528 (1st Cir. 1989)
  • Commonwealth of Massachusetts, et al. v. Louis W. Sullivan, Secretary of Health and Human Services, 899 F.2d 53 (1st Cir. 1990)
  • Commonwealth of Massachusetts, et al. v. Louis W. Sullivan, Secretary of Health and Human Service, 500 U.S. 949 (1991)
  • Rubie Rogers v. Robert Okin, 638 F. Supp. 934 (1st Cir. 1987)

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. Forest Labs, 03-10395 D. Mass.
  • U.S. et al v. WellCare, 3:07cv1688 D. Conn.
  • 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.
  • U.S. et al. v. Metromedic Health Center, 03-11828 D. Mass.

Classes/Seminars

  • Recent Developments in False Claims Act Litigation , Suffolk University
  • False Claims Litigation 2010, Practicing Law Institute
  • Nuts and Bolts of Qui Tam Actions , American Bar Association
  • 16th Annual National Institution on Health Care Fraud, American Bar Association
  • Annual Conference, Panelist, Settlements and Mediations, Taxpayers Against Fraud
  • 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 False Claims Act
  • Litigating Qui Tam Cases, American Bar Association; 18th Annual National Institute on White Collar Crime
  • Third Annual Conference for Qui Tam Relators, Taxpayers Against Fraud Education Fraud
  • 3rd Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement , American Bar Association
  • Trents in Government Fraud Cases; Whistleblowers and Others, sponsored by Health Law and Business Law, Boston Bar Association
  • Co-Panelist with Chief Judge William G. Young, Chief Justice, U.S. District Court for the District of Massachusetts, U.S. District Court Trends and Statistics, Federal Bar Association
  • Doing Business with the Government, Avoiding the Pitfalls, Sponsored by the Criminal Law and Business Law Sections, Boston Bar Association
  • Handling Federal False Claims Act (Qui Tam) Whistleblower Cases, Legal and Strategic Considerations for both the plaintiff and defendants’ council, Massachusetts Continuing Legal Education.

Honors and Awards

  • Attorney General’s Award for Exceptional Service (National Medical Care/Fresenius case)
  • 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 Attorneys (for the Affirmative Civil Enforcement Working Group)
  • Inspector General’s Integrity Award, United States Department of Health and Human Services (for Investigation and prosecution of Health Care Fraud Cases).

Professional Associations and Memberships

  • American Bar Association , 2002 – Present
  • Boston Bar Association, 2004 – Present
  • Taxpayers Against Fraud, 2007 – Present
  • Massachusetts Bar Association, 2007 – Present.

Past Employment Positions

  • U.S. Attorney’s Office (MA) Civil Division, Civil Chief/Assistant U.S. Attorney, 2000 – 2002
  • U.S. Attorney’s Office (MA) Civil Division, Deputy Civil Chief/AUSA, 1989 – 2000
  • U.S. Department of Justice, Deputy Associate Attorney General , 1992 – 1993
  • Commonwealth of Massachusetts, Assistant Attorney General , 1984 – 1989
  • Hill & Barlow, Associate, 1978 – 1984
  • The Honorable Patrick J. Leahy United States Senator (Democrat-Vermont), Staff Assistant, 1975 – 1976

Pro Bono Activities

  • Massachusetts Bar Association Committee on Professional Ethics , 1984 – 1991