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06/05/24 | Articles and TV

Randall Fox quoted in Tax Notes regarding settlement of D.C.'s first-ever tax whistleblower lawsuit

KM Partner Randall Fox was quoted today by Tax Notes in an article discussing the District of Columbia’s settlement of its first tax whistleblower lawsuit.  The suit has resulted in a $40 million settlement with tech billionaire Michael Saylor and his company MicroStrategy Inc.  The lawsuit alleges that Saylor failed to pay $25 million in resident income taxes to the District over the course of several years by making false claims that he did not live in the District.

Mr. Fox commented that the settlement “shows the power of teamwork between whistleblowers and government enforcers.”
He further said that “the whistleblower in this case had credible facts about an issue that did not appear to be on the government's radar. The government then used its investigative powers to fill out the case, adding that the government uncovered a key MicroStrategy spreadsheet tracking Saylor’s physical location.”

Finally, he lauded D.C. Attorney General Brian Schwalb and his office, noting that “the District attorney general's office is establishing itself as a real player in the FCA world,” and that “the office overcame an adverse decision that initially dismissed the FCA causes of action and came through with a very impressive result that appears to require payment of a multiple of the underpaid residency taxes.”

Randall Fox leads KM’s tax whistleblower practice and is frequently quoted in trade publications concerning federal and state False Claims Acts and tax whistleblower matters. He was named Whistleblower Lawyer of the Year for 2021 by The Anti-Fraud Coalition following his representation of the whistleblower in New York’s largest income tax qui tam case, which resulted in a $105 million settlement with a hedge fund billionaire claimed to have disguised the New York source of his income.

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