Marlene Koury is a partner in the San Francisco office of Constantine Cannon. Ms. Koury joined the firm in 2007 and concentrates her practice on antitrust litigation and representing whistleblowers under the federal False Claims Act and numerous state law equivalents.
Ms. Koury is currently one of the lead counsel in a whistleblower lawsuit against Visiting Nurse Service of New York, one of the nation’s largest home health care agencies, alleging the company defrauded Medicare and Medicaid and failed to provide patients with care prescribed by doctors.
Ms. Koury has represented whistleblowers in a wide variety of cases under state and federal laws, and for nearly a decade, her practice has been primarily focused on whistleblower laws that expose, correct, and remediate healthcare fraud. Ms. Koury has particular expertise in addressing fraud in Medicare and other government healthcare programs. Ms. Koury frequently writes and speaks on whistleblower and antitrust issues, and has been featured in numerous legal and industry publications.
Ms. Koury received her J.D., cum laude, from Seattle University, receiving the Award for Excellence in Constitutional Law. While there, Ms. Koury worked with the Access to Justice Hague Convention Project. Ms. Koury received her B.A. in Philosophy from the University of Washington.
Ms. Koury is admitted to practice in New York and the Southern and Eastern United States Districts Courts. She is an active member of the Antitrust Section of the New York State Bar Association, the NYSBA Antitrust Section Class Action Committee, the Antitrust and International Sections of the American Bar Association, and a Taxpayers Against Fraud member.
Other Notable Recent Representations:
- US ex rel. v. Merck — Ms. Koury currently represents two virologists formerly employed at Merck who have brought a qui tam action under the False Claims Act, alleging Merck has defrauded the government through (i) Merck’s ongoing failure to disclose and efforts to conceal the alleged significantly diminished efficacy of its mumps vaccine, and (ii) Merck’s continued sale to the government of a vaccine that it allegedly falsely represents as having an efficacy rate significantly higher than it actually is. Ms. Koury helped defeat Merck’s motion to dismiss and the case is currently pending in the United States District Court for the Eastern District of Pennsylvania. See 2014 WL 4407969.
- US ex rel. v. Rose Cancer Center — Ms. Koury represented Kristi Beeson who reported Medicare fraud violations at her former employer Rose Cancer Center in Mississippi. Ms. Beeson, who was a laboratory technician for the clinic, brought a qui tam action under the False Claims Act against the clinic alleging, among other things, unqualified technicians performing bone marrow biopsies, diluting chemotherapy drugs, and doctoring patient records to conceal the clinic’s fraudulent Medicare billings. The physician who owned and ran the practice, Dr. Meera Sachdeva, pleaded guilty to various Medicare fraud violations, forfeited $5.7 million, and is now serving a 20 year prison sentence for her crimes.
- Sealed Whistleblower Matters — Ms. Koury is currently representing numerous whistleblowers in matters under the False Claims Act and SEC/CFTC whistleblower provisions of the Dodd-Frank Act involving one or more of the following subject areas: Medicare/Medicaid Fraud; Medicare Part C Fraud; Unnecessary Healthcare Services; Commodities/Securities Manipulation; False Government Certifications; and Financial Services Fraud.
- Representation of outpatient medical imaging providers in several successful lawsuits including a jury verdict for group boycott and market allocation claims against a benefits management company
- Representation of an international airline against allegations of price fixing
- Representation of a third party in a DOJ Second Request affecting a proposed merger in the technology industry
- Representation of a television organization involved in a trademark dispute