Margaret J. Finerty

Bar / Professional Activity

• I will be moderating a panel at the Anti-Fraud Coalition's 3rd Annual Financial Frauds conference on the IRS Whistleblower Program on March 20, 2025, featuring the Director of the IRS Whistleblower Program, John Hinman, among others., 2025
• I was a panelist on an American Bar Association program at its Midyear Meeting entitled, Responsible Gun Ownership:  A Roundtabale on Safe Storage, presented by the ABA Standing Committee on Gun Violence, of which I am a member.  See: https://www.americanbar.org/news/abanews/aba-news-archives/2025/02/gun-safety-laws-storytelling-help-save-lives/?login. , 2025
• On December 9, 2024, I moderated a Continuing Legal Education Program on "Sex Trafficking in New York:  How to Prosecute the Offenders and Aid the Survivors," for the New York State Bar Association.  See: https://nysba.org/events/sex-trafficking-in-new-york-how-to-prosecute-the-offenders-and-aid-the-survivors/., 2024
• On September 26, 2024 I was a speaker on a panel discussing the IRS Whistleblower Program at the 24th Annual Conference of The Anti-Fraud Coalition., 2024
• On May 30, 2024, I moderated a Continuing Legal Education program for the New York State Bar Association on "Legal Advocacy Against Human Trafficking:  Empowering Survivors & Engaging Lawyers."  See:  https://nysba.org/events/legal-advocacy-against-human-trafficking-empowering-survivors-engaging-lawyers/ and https://nysba.org/pro-bono-volunteers-needed-help-human-trafficking-survivors/. , 2024
• On March 6, 2024, I spoke at the American Bar Association's 39th Annual National Institute on White Collar Crime in San Francisco on the panel, "Advances in False Claims Act and Whistleblower Practice."  I authored a paper for the panel presentation entitled:  Is “but-for” causation required in hybrid Anti-Kickback Statute/False Claims Act cases, oris a “causal connection” enough? We will have to wait for the Supreme Court to tell us., 2024
• On February 5, 2024, I presented Resolution 603 at the American Bar Association Midyear Meeting in Louisville, Kentucky, as a member of the Standing Committee on Gun Violence.  I was the principal author of Resolution 603 and its underlying report sponsored by the American Bar Association's Standing Committee on Gun Violence, and other ABA-related entities.  The Resolution, recommending passage of the federal Disarm Hate Act which would disqualify individuals convicted of a misdemeanor hate crime from gun ownership, was adopted by the House of Delegates as official ABA Policy.   This will allow the ABA to lobby Congress to enact this legislation.  See:  https://www.americanbar.org/content/dam/aba/directories/policy/midyear-2024/603-midyear-2024.pdf.   , 2024
• Getnick Law (I along with my firm colleagues) has been recognized by Chambers and Partners for Dispute Resolution in its first Chambers New York Regional Spotlight Guide ranking, 2024, https://chambers.com/department/getnick-getnick-llp-dispute-resolution-usa-regional-spotlight-120:467:7302:1:22666738 as a leading small to medium-sized law firm. Getnick Law was selected based on an independent and in-depth market analysis, coupled with an assessment of our experience, expertise, and caliber of talent, 2024., 2024
• Admitted to practice in the following courts: United States Supreme Court, United States District Court for the Southern District of New York, United States District Court for the Eastern District of New York, and all courts in the State of New York.
• June 2023 named a Life Fellow of the American Bar Foundation, 2023.
• Appointed by American Bar Association President Deborah Enix-Ross in August of 2022 to be a Member of the ABA's Standing Committee on Gun Violence for a three-year term, 2022.
• Effective June of 2023 I was appointed to the New York State Bar Association's Nominating Committee as a representative of the First Judicial District in New York State, 2023.
• Since June of 2022 I have been a member of the New York State Bar Association's Committee on Professional Ethics. The Committee answers inquiries from attorneys as to whether conduct of a member of the legal profession complies with the applicable New York rules of legal or judicial ethics. It may issue sua sponte opinions on issues of ethics if it believes guidance on such issues would benefit the profession, 2023.
• Since June of 2019 I have been a member of the New York State Bar Association's Committee on Standards of Attorney Conduct ("COSAC"). The Committee is charged with monitoring and evaluating the New York Code of Professional Responsibility and other provisions that regulate lawyers and the practice of law in New York State, 2023.
• I served as an Elected Member-At-Large on the Executive Committee of the New York State Bar Association ("NYSBA") for 8 years from June 2010 – May 2014 and June 2017 – May 2021. The Executive Committee has the authority to act and speak for NYSBA, consistent with previous action of the House of Delegates, when the House is not in session. The Executive Committee meets quarterly and at other times as necessary. The Executive Committee is composed of the President, President-elect, Treasurer, and Secretary of the Association. In addition, there are vice-presidents from each of the thirteen judicial districts (the 1st district has two vice presidents) in the state, eight members-at-large, and the immediate past president, 2021.
• I am currently serving as a Member of the New York State Bar Association's ("NYSBA)" House of Delegates as a representative of the New York County Lawyers Association. I have served in the House of Delegates for most years since 1995. The control and administration of NYSBA is vested in the House of Delegates, the decision and policy-making body of the Association. The House meets four times a year. Action taken by the House of Delegates on specific issues becomes official NYSBA policy, 2023.
• From June 2018 through 2020 I served as a Co-Chair of the Task Force on Mass Shootings and Assault Weapons of the New York State Bar Association, having been appointed by the President. The Task Force issued its final Report & Recommendations in November of 2020, which was adopted by the House of Delegates becoming official policy of the New York State Bar Association. The reports set forth specific recommendations to decrease the occurrence of mass shootings in our country, 2020.
• Since 2015 I have been a Member of the New York State Bar Association's Committee on the New York State Constitution. The Committee’s mission is to serve as a resource for the State Bar on issues and matters relating to or affecting the State Constitution; make recommendations regarding potential constitutional amendments and promote initiatives designed to educate the legal community and public about the State Constitution, 2023.
• From June of 2017 through May of 2019, I served as a member of the New York State Bar Association's Finance Committee. The Finance Committee is responsible for the continuing supervision of the financial affairs of the Association and for preparing annually for submission to the House of Delegates a proposed income and expense budget, 2019.
• I have been a Fellow of the New York Bar Foundation for several years. The Foundation is the charitable and philanthropic entity of the New York State Bar Association. It receives charitable contributions from individuals, law firms, corporations and other entities, and provide grants to further its primary goals: advancing service to the public; improving the administration of justice; supporting legal research and education; upholding high standards of professional ethics; and increasing public understanding of legal heritage. The Fellows of the New York Bar Foundation are distinguished members of the bench and bar recognized for outstanding professional achievement, dedication to the legal profession, and commitment to the Rule of Law, 2023.
• I am currently a member, and have been for many years, of the New York State Bar Association's Criminal Justice Section. The Section addresses issues of crime, criminology, criminal procedure, correction and the administration of criminal justice, 2023.
• I am currently, and have been for several years, a member of the New York State Bar Association's Commercial and Federal Litigation Section. The purpose of the section is to improve the quality of representation of clients, provide a forum for the improvement of law and procedure, and enhance the administration of justice in the areas of commercial and federal litigation, 2023.
• I am currently, and have been for many years, a member of the New York State Bar Association's Health Law Section. The Section focuses on the practice of health law in various areas including the Family Health Care Decisions Act, HIPAA, nursing homes, managed care, mental health, medical ethics, and long-term care, among others, 2023.
• I am currently, and have been for many years, a member of the New York County Lawyers Association Board of Directors, 2023.
• I am currently, and have been for many years, a member of the Board of Directors of the New York County Lawyers Association Foundation, Inc., the charitable sector of the New York County Lawyers Association, 2023.
• I am the Chair of the New York County Lawyers Association's Judiciary Committee, and have been for several years. In this capacity, I enlist New York County Lawyers Association' members to work with the New York City Bar Judiciary Committee to review the qualifications of all candidates for elective and appointive judicial positions in New York City, including federal judgeships, and candidates for election to the District Attorneys’ Offices in New York City. In this capacity, I am an Adjunct Voting Member from the New York County Lawyers Association to the New York City Bar's Judiciary Committee, 2023.
• From 2007 - 2008, and 2016 through May 2022, I was a Member of the New York County Lawyers Association Nominations Committee, 2022.
• In my capacity as the Chair of the New York County Lawyers Association's Judiciary Committee, I am an Adjunct Voting Member on the New York City Bar's Judiciary Committee, which reviews the qualifications of all candidates for elective and appointive judicial positions in New York City, including federal judgeships, and candidates for election to the District Attorneys’ Offices in New York City. I have served in this role for several years. I have also served as a direct member of the New York City Bar's Judiciary Committee for several years in the past. In this capacity I would Chair and coordinate subcommittees assigned to evaluate particular judicial candidates, as well as write evaluation reports on the candidate, 2023.
• I am a longstanding member of Taxpayers Against Fraud Education Fund (TAFEF). TAFEF is a public interest non-profit organization dedicated to fighting fraud against the government by working to protect whistleblowers and strengthen the effective operation of the laws that empower them to expose misconduct and the theft of taxpayer dollars. These laws include the federal and state False Claims Acts; the Securities and Exchange Commission, Commodity Futures Trading Commission and Internal Revenue Service whistleblower programs; and the Motor Vehicle Safety Whistleblower Act. From 2019- 2022 I was a member of TAFEF's Conference Committee, which organizes and plans TAFEF's annual educational conferences. From 2021 to the present, I have been a member of TAFEF's Standing IRS Committee, which focuses on the IRS Whistleblower Program. This Committee offers suggestions to the IRS Whistleblower Office for legislative and administrative changes, interacts with members of the IRS Whistleblower Office, and presents educational programs for TAFEF's membership, 2023.

Verdicts / Settlements (Case Results)

• I was the lead Getnick Law attorney representing the main whistleblower in an IRS Whistleblower Program case resulting in an historic $263 million tax fraud recovery from an individual taxpayer.  Our client shared in a 30% award of the recovery, along with two other whistleblowers.  The case received major press coverage.  See, e.g.: https://www.washingtonpost.com/business/2024/09/18/irs-whistleblower-award/; https://www.citybiz.co/article/602137/getnick-law-and-sec-whistleblower-advocates-lead-tax-whistleblower-case-that-produces-263-million-recovery-for-irs/; https://getnicklaw.com/wp-content/uploads/2024/10/2024.09.23-CCR-Whistleblower-Pulls-in-263-Million-IRS-Recovery.pdf; https://getnicklaw.com/news-media/2024/09/irs-whistleblower-recovery-263-million/; https://www.bloomberg.com/news/articles/2024-09-18/tax-tipsters-getting-74-million-shows-irs-progress-lawyers-say., 2024
• I was the lead attorney in a New York State False Claims Act qui tam case filed against National Grid, a utility company that provides natural gas and electricity to homes and businesses in New York, Rhode Island, and Massachusetts, as well as electrical services in other areas of the Northeast. The complaint alleged that National Grid failed to properly manage New York State’s electrical distribution system on Long Island and the Rockaway Peninsula, and knowingly provided false reports to the Long Island Power Authority on the amount of electricity that was being delivered, but not billed for, at homes and businesses. In June of 2021 a settlement agreement was entered into by Getnick & Getnick LLP on behalf of its whistleblower client, the New York State's Attorney General, and National Grid, in the amount of $6 million. The settlement funds recovered for LIPA customers by the Office of the New York Attorney General were to be used to establish a new program to assist low-income Long Island and Rockaways residents replace fossil-fuel powered home heating systems with clean, lower-cost electric heat pumps and home efficiency upgrades. This was a groundbreaking case in that it was the first time the New York False Claims Act was applied to an electrical utility company. The whistleblower, whose identity remained anonymous, received 23.5 percent of the government’s recovery from the settlement. At that time, this was the largest percentage that had been paid in any non-Medicaid New York False Claims Act case in which the State elected to supersede. Getnick & Getnick achieved the same percentage award for another whistleblower client in a prior case. The Attorney General's press release noted: "The investigation began with a whistleblower lawsuit filed under the qui tam provisions of the New York False Claims Act, which allows people to file civil actions on behalf of the government and share in any recovery. The whistleblower here will receive $1.41 million of the proceeds for bringing National Grid’s misconduct to light. The Office of the Attorney General (OAG) extends its appreciation to the whistleblower, without whose information the misconduct might have remained concealed, and to the whistleblower’s attorneys", 2021., 2022
• I was part of a team of lawyers consisting of my firm, and others, representing 38 plaintiff health benefit providers in the case captioned Blue Cross Blue Shield Ass 'n., et al. v. GlaxoSmithKline LLC, No. 13-cv-4663-JS (E.D. Pa.). The complaint alleged that the Defendant engaged in an unlawful scheme to induce Plaintiffs to pay for adulterated and illegally marketed drugs that were manufactured in Puerto Rico and distributed by Defendant in violation of various federal and state laws. The case was settled in November of 2019 on the eve of trial. This case was based on facts from an earlier federal False Claims Act case filed by my firm alleging fraud on the U.S. and several state governments, in which the U.S. Attorney's Office in the District of Massachusetts intervened, and which was successfully resolved with a criminal plea and civil settlement. In addition to participating in numerous planning and strategy sessions with the team of lawyers, I took one of the witness' depositions and was assigned to, and had prepared, the direct examination at trial of a key witness, the Whistleblower from the original False Claims Act case that the Government settled, 2019., 2019
• I was a co-lead attorney in a New York State False Claims Act qui tam case filed against Morgan Fuel & Heating Company, Inc., d/b/a Bottini Fuel ("Bottini"), a heating fuel provider that serves government entity, private, and commercial clients in the Hudson Valley area of New York State. [There were other named defendants]. Bottini improperly retained customer overpayments and duplicative payments for heating oil. Bottini did not inform customers that they had overpaid for heating oil; instead, the company swept excess customer balances out of customer accounts and used them to benefit its owners and employees. It altered its business records to hide these thefts. In November of 2018, Bottini pled guilty to the crime of Falsifying Business Records in the Second degree, in addition to settling the New York False Claims Act case. In total it paid $3,262,772.04 to resolve the criminal and civil matters, a portion of which was criminal restitution for the customers whose funds were stolen. The resolution marks the first time that the New York False Claims Act also led to a criminal conviction and restitution for victimized New York consumers. The whistleblower, whose identity remained anonymous, received 23.5 percent of the government’s recovery from the settlement. At that time, this was the largest percentage that had been paid in any non-Medicaid New York False Claims Act case in which the State elected to supersede. Getnick & Getnick achieved the same percentage award for another whistleblower client in a later case. The press release issued by the Attorney General's Office stated: "The Attorney General expresses her appreciation to the whistleblower, without whose information the misconduct might have remained concealed from the authorities, and to the whistleblower’s attorneys", 2018., 2018

Videos

• I am a member of the American Bar Association's Standing Committee on Gun Violence. I was the main presenter of Resolution 603 at the American Bar Association's Midyear meeting before the House of Delegates on February 5, 2024. The Resolution calls for, among other things, support of the Disarm Hate Act which would disqualify individuals with a misdemeanor hate crime conviction from gun possession. The Resolution passed with no opposition. I also authored the supporting report to the Resolution. The above link will take you to my video presentation, as well as Resolution 603 and the supporting report., American Bar Association Midyear House of Delegates Meeting - Presentation of Resolution 603, Attorneys, Legislators, The General Public, 2024
• I organized, moderated, and spoke at a webinar on February 9, 2021, sponsored by Taxpayers Against Fraud Education Fund, on legislation enacted to provide COVID-19 relief and the various ways in which those funds were being misused., Taxpayers Against Fraud Education Fraud: "COVID-19 Financial Relief Funds: Addressing Fraud, Waste & Abuse", 2021

Pro bono / Community Service

• Community Service: On February 5, 2024, I presented Resolution 603 at the American Bar Association Midyear Meeting in Louisville, Kentucky, as a member of the Standing Committee on Gun Violence.  I was the principal author of Resolution 603 and its underlying report sponsored by the American Bar Association's Standing Committee on Gun Violence, and other ABA-related entities. The Resolution, recommending passage of the federal Disarm Hate Act, which would disqualify individuals convicted of a misdemeanor hate crime from gun ownership, was adopted by the House of Delegates as official ABA Policy.  This will allow the ABA to lobby Congress to enact this legislation.  See:  https://www.americanbar.org/content/dam/aba/directories/policy/midyear-2024/603-midyear-2024.pdf.  , 2024
• Community Service: I was the principal author of Resolution 601and its underlying report submitted by the American Bar Association's Standing Committee on Gun Violence, the New York State Bar Association ("NYSBA"), and other ABA-related entities. [The report was submitted by the Chair of the Subcommittee on behalf of the Subcommittee, NYSBA, and the other entities]. The Resolution sought to close what has become known as the Charleston Loophole, which occurs as a result of the Federal law which allows the sale of a firearm to be consummated after three business days have expired, even if the background check has not been completed. I presented Resolution 601 at the American Bar Association House of Delegates meeting on August 8, 2022, in Chicago.  The Resolution passed and has become official policy of the ABA, Policy 22A601. This will allow the ABA to lobby Congress to change this legislation. See: https://www.americanbar.org/content/dam/aba/administrative/gun_violence/22a601.pdf, 2022., 2022
• Community Service: In 2021 I was appointed by the Governor of New York State to be the representative of the New York State Bar Association to the New York Interagency Task Force on Human Trafficking pursuant to Section 483-ee of the New York Social Services Law. The task force collects and organizes data on the nature and extent of trafficking in persons in the state; identifies available federal, state and local programs that provide services to victims of trafficking, consults with governmental and non-governmental organizations in developing recommendations to strengthen state and local efforts to prevent trafficking, protect and assist victims of trafficking and prosecute traffickers; establishes interagency protocols and collaboration between federal, state, and local law enforcement, state and governmental agencies, child welfare agencies, and non-governmental organizations; evaluates approaches to increase public awareness about trafficking and makes recommendations on such approaches; evaluates the effectiveness of training programs on human trafficking that have been designed for law enforcement personnel, criminal defense attorneys, social service providers and non-governmental organizations, and makes recommendations for improving the quality and effectiveness of such programs; measures and evaluates the progress of the state in preventing trafficking, protecting and providing assistance to victims of trafficking, and prosecuting persons engaged in trafficking; among other responsibilities. I have attended all meetings of the Task Force to date, during which there are regular presentations by experts knowledgeable in identifying victims of human trafficking, and laws and resources available to assist them. I have organized several educational Continuing Legal Education programs through the New York State Bar Association to raise awareness on how to identify a victim of Human Trafficking and the laws that exist to assist them.  See:  https://otda.ny.gov/itf/#:~:text=The%20New%20York%20State%20Interagency,%2C%20data%20collection%2C%20and%20recommendations., 2021
• Community Service: From June 2018 through 2020 I served as a Co-Chair of the Task Force on Mass Shootings and Assault Weapons of the New York State Bar Association ("NYSBA"), appointed by the President of NYSBA. The Task Force issued its final report with recommendations in November of 2020, when it was adopted by NYSBA's House of Delegates, becoming official policy of NYSBA. I was the principal author of the report. The report, entitled "Reducing the Epidemic of Mass Shootings in the United States-If Not Now, When?" can be found at this link: https://nysba.org/app/uploads/2020/02/Final-Report-11.5.2020-Task-Force-on-Mass-Shootings-and-Assault-Weapons-With-cover-FINAL-HOD-approval-and-staff-memos-deleted.pdf. It sets forth 15 recommendations for preventing the occurrence of mass shootings. It was shared with members of the New York State legislature, 2020., 2020

Honors

• In May of 2023, I was elected as a Fellow of the American Bar Foundation and in June of 2023, I was named a Life Fellow of the American Bar Foundation., American Bar Foundation Fellow and Life Fellow, American Bar Foundation, 2023
•  In 2021 I was appointed by the Governor of New York State to be the representative of the New York State Bar Association to the New York Interagency Task Force on Human Trafficking pursuant to Section 483-ee of the New York Social Services Law. The task force collects and organizes data on the nature and extent of trafficking in persons in the state; identifies available federal, state and local programs that provide services to victims of trafficking, consults with governmental and non-governmental organizations in developing recommendations to strengthen state and local efforts to prevent trafficking, protect and assist victims of trafficking and prosecute traffickers; establishes interagency protocols and collaboration between federal, state, and local law enforcement, state and governmental agencies, child welfare agencies, and non-governmental organizations; evaluates approaches to increase public awareness about trafficking and makes recommendations on such approaches; evaluates the effectiveness of training programs on human trafficking that have been designed for law enforcement personnel, criminal defense attorneys, social service providers and non-governmental organizations, and makes recommendations for improving the quality and effectiveness of such programs; measures and evaluates the progress of the state in preventing trafficking, protecting and providing assistance to victims of trafficking, and prosecuting persons engaged in trafficking; among other responsibilities. I have attended all meetings of the Task Force to date, during which there are regular presentations by experts knowledgeable in identifying victims of human trafficking, and laws and resources available to assist them. I have organized several educational Continuing Legal Education programs through the New York State Bar Association to raise awareness on how to identify a victim of Human Trafficking and the laws that exist to assist them.  See:  https://otda.ny.gov/itf/#:~:text=The%20New%20York%20State%20Interagency,%2C%20data%20collection%2C%20and%20recommendations., New York State Bar Association Representative to the New York State Interagency Task Force on Human Trafficking, New York Social Services Law Section 483-EE, 2021
• Twice named a finalist with her firm for the Public Justice Foundation’s Trial Lawyer of the Year Award: 2004 for a False Claims Act Qui Tam case against Bayer Corporation and 2011 for a False Claims Act qui tam case against GlaxoSmithKline., Public Justice Foundation’s Trial Lawyer of the Year Award
• Martindale-Hubbell® highest AV Preeminent Peer Review Rating

Educational Background

• Juris Doctor (J.D.), Cornell Law School, Ithaca, New York, 1978
• B.A. University of Chicago, graduated with General Honors, 1975

Scholarly Lectures / Writings

• “The Supreme Court’s Bruen Decision and Its Impact: What Comes Next?” 94 N.Y. State Bar Ass’n J., Sept/Oct 2022, at 8.
• Featured in the article, “Someone to Watch Over You,” in Corporate Counsel, October 2007, discussing corporate monitorships
• Profiled in the Spring 2009 Issue of the Cornell Law Forum – the Cornell Law School’s magazine
• “Federal False Claims Act and SEC Whistleblower Program Practice Points,” N.Y. State Bar Ass’n Litigator, Spring 2014, Vol. 19, no. 1
• Getnick & Getnick LLP, Lowey Dannenberg P.C., and Co-Counsel Win Novel Settlement From GlaxoSmithKline on Behalf of Insurers
• Report of the New York State Bar Association Task Force on Mass Shootings and Assault Weapons, “Reducing the Epidemic of Mass Shootings in the United States-If Not Now, When?” Approved by the NYSBA House of Delegates November 7, 2020
• Quoted in very well health, “FTC Charges First person Under COVID-19 False Claims Law,” May 3, 2021
• Getnick & Getnick Whistleblower Case Against National Grid Electric Services Leads to $6M Recovery for New York State
• American Bar Association Report and Resolution 601 on Closing the Charleston Loophole, adopted as ABA Policy 22A601, August 2022
• New York County Lawyers Association Podcast, Amicus Curiae, “New York State Gun Laws: A Conversation with Hon. Margaret J. Finerty,” released Nov. 3, 2021
• New York State Bar Association, “‘Miranda Warnings’ Podcast Discusses NY Legislature Special Session Following US Supreme Court Bruen Decision,” released July 1, 2022
• Los Angeles Times podcast “The Times,” 3/15/23 episode on “The judge who likes to overturn gun laws;”.
• “Supreme Court Takes Gun Law Case for the First Time in a Decade,” 93 N.Y. State Bar Ass’n J., July/Aug. 2021, at 12.

• Government Whistleblower litigation