Silvija A. Strikis

Silvija Strikis has deep experience representing a wide range of clients in securities fraud, professional malpractice, False Claims Act, products liability, and other cases.  Silvija’s practice is built on a strong financial and economics background.  Before and during law school, she practiced as a Certified Public Accountant, providing her with the expertise to advise clients about, and to litigate, issues involving claims of accounting and auditing malpractice, as well as other financial issues.  She successfully represented CUNA Mutual Group in cases against eight major Wall Street banks serving as mortgage-backed securities underwriters, and helped obtain complete reversal on appeal of the trial court’s dismissal at summary judgment.  See CMFG Life Ins. v. RBS Sec., Inc., 799 F.3d 729 (7th Cir. 2015).  Subsequently, defendants in all other pending suits agreed to settlements. 

Her work on behalf of relators in False Claims Act cases has resulted in noteworthy verdicts and settlements, including a $885 million combined civil and criminal settlement with AmerisourceBergen that is one of the largest pharmaceutical settlements in history, one of the largest whistleblower verdicts upheld on appeal in Medicare fraud case against skilled nursing facilities in Florida that resulted in judgment of more than $255 million and for which Silvija was named a “2017 Winning Litigator” for her role as lead counsel, and the recovery of criminal fines and civil damages of more than $700 million in litigation alleging that Amgen and other companies violated federal and state False Claims Acts.  See United States ex rel. Michael Mullen v. AmerisourceBergen Corp., No. CV-10-4856 (E.D.N.Y.); United States ex rel. Ruckh v. Genoa Healthcare, LLC, No. 11-1303 (M.D. Fla. Mar. 1, 2017); United States ex rel. Westmoreland v. Amgen, Inc., No. 06-cv-10972 (D. Mass.) and 652 F.3d 103 (1st Cir. 2011); 2017 NLJ Winning Litigator: Silvija Strikis and Jim Webster, Kellogg, Hansen, Todd, Figel & Frederick, Nat’l L. J. (Sept. 25, 2017)

Silvija has extensive experience in all phases of MDL proceedings.  She served in a lead role on the Plaintiffs’ Steering Committee in a medical device products liability litigation that successfully settled shortly before representative trials.   In re: Guidant Defibrillators Prods. Liab. Litig., MDL No. 05-1708 (D. Minn.).  She also successfully represented plaintiffs in In re Medtronic, Inc., Implantable Defibrillators Product Liability Litigation, MDL No. 05-1726 (D. Minn.).

Noteworthy Representations

United States ex rel. Ruckh v. CMC II, LLC (M.D. Fla., 11th Cir.)
Lead counsel representation of qui tam relator in federal and state False Claims Act ligation involving fraudulent Medicare billing by one of the nation's largest skilled nursing facilities, Consulate Health Care.  Following a successful jury trial, on appeal the Eleventh Circuit upheld a more than $255 million judgment against the defendants.  This is one of the largest whistleblower jury verdicts to be upheld on appeal.  

United States ex rel. Mullen v. AmerisourceBergen, Corp., et al., No. CV-10-4856 (E.D.N.Y.)
Representation of qui tam relator in a landmark $625 million civil settlement between AmerisourceBergen and federal and state prosecutors over false claims submitted for unapproved and adulterated drugs, double-billing from exploiting overfill, and kickbacks to physicians. Kellogg Hansen’s client was also critical in the government’s criminal investigation of the company, which led to its conviction for violations of the Food Drug and Cosmetic Act and criminal fines totaling $260 million. The combined $885 million settlement is one of the largest pharmaceutical settlements in history and includes a Corporate Integrity Agreement between AmerisourceBergen and the Office of Inspector General of the Department of Health and Human Services.   

United States ex rel. Westmoreland v. Amgen, No. 1:06-cv-10972 (D. Mass.) & 652 F.3d 103 (1st Cir. 2011)
Representation of qui tam relator in a case alleging that Amgen and other companies violated federal and state False Claims Acts by causing the submission of fraudulent claims to Medicare and Medicaid relating to “overfill” amounts in vials of Amgen’s flagship anemia drug and other misconduct.  This case was unsealed in the District of Massachusetts, heavily litigated up to the eve of trial, and settled shortly before trial, resulting in criminal fines and civil damages of more than $700 million.  See http://www.taf.org/Amgen-Westmoreland-PR.pdf.  The case also included successful appeal from dismissal of state FCA claims in the First Circuit. 

United States ex rel. Wright v. Chevron USA, Inc., et al., No. 5:03-CV-264 (E.D. Tex.)
Representation of qui tam relator in a federal False Claims Act case involving failure to pay natural gas royalties to the United States.  Case resulted in settlements totaling more than $275 million by major natural gas manufacturers, including ExxonMobil, ChevronTexaco, and BP.  See, e.g., http://www.justice.gov/opa/pr/2009/December/09-civ-1379.html. 

Navistar International Corporation v. Deloitte & Touche LLP, No. 2011 L 004269 (Cir. Ct. Cook County, Illinois)
Representation of publicly traded company in successfully asserting claims against the company’s former auditor.

Publications

Contributor:  Stalked:  Breaking the Silence on the Crime of Stalking in America, Pocket Books/Simon & Schuster (1995)

Elements Required for Qualifying as an Innocent Spouse Still Far from Clear, 81 Journal of Taxation 354 (1994)

Service Increases Use of ‘Impeding IRS’ Provision To Prosecute Tax Professionals, 80 Journal of Taxation 362 (1994)