Directory of Phillips & Cohen Attorneys
Erika Kelton, a partner at Phillips & Cohen LLP, is a recognized expert in representing whistleblowers in matters concerning major tax law violations and other cases of fraud against the government.
Her most recent success was a “qui tam” (whistleblower) case that resulted in Pfizer Inc. paying the federal government $1.8 billion in civil recoveries and a criminal fine. The case was part of a global $2.3 billion settlement by Pfizer with the government.
She was the lead attorney representing a confidential tax informant, known as "Mr. ABC," who provided the Internal Revenue Service (IRS) with important information about fraudulent tax shelters set up by Wall Street investment firms. The complex tax schemes cost the U.S. Treasury hundreds of millions of dollars. Mr. ABC testified before the Senate Finance Committee about the abusive tax shelters and his experience as a whistleblower for the IRS. As a result of Phillips & Cohen’s advocacy on his behalf, the IRS awarded him a sizeable reward.
In another high-profile case, Ms. Kelton was the lead attorney in a yield-burning matter involving IRS prohibitions against tax-exempt bond arbitrage. The case returned more than $200 million to the U.S. Treasury.
Ms. Kelton also was the lead attorney in a successful whistleblower lawsuit against Wall Street investment giant Mario Gabelli that alleged he and affiliated companies set up sham companies to qualify for certain telecom licenses. Mr. Gabelli and his associates paid $130 million to settle that case.
Because of Ms. Kelton's knowledge and experience with whistleblowers and the IRS whistleblower program, the IRS Whistleblower Office invited her to be a speaker at an IRS training conference on the new tax fraud whistleblower law for IRS attorneys and experts on tax fraud. In addition, she was an invited participant in a Senate Finance Committee roundtable to discuss the tax fraud whistleblower law, known as the Tax Relief and Health Care Act of 2006.
Ms. Kelton also has been a speaker at conferences addressing whistleblowers and tax fraud cases, the False Claims Act and qui tam lawsuits. She has published articles on customs fraud, fraud in the municipal bond market and the IRS whistleblower law.
Ms. Kelton graduated in 1987 from the University of California (Boalt Hall), where she was Articles Editor of the California Law Review. From 1987 to 1994 she was associated with Paul, Weiss, Rifkind, Wharton & Garrison in Washington D.C.