Washington, DC Super Lawyers 2012 for Criminal Defense: White Collar
HHS OIG's Exceptional Achievement and Prosecutive Leadership Awards, 2010.
Chambers USA: America's Leading Lawyers for Business 2012 for Healthcare (DC)
- JD, The George Washington University Law School
- BA, Washington University in St. Louis
- District of Columbia
- Kentucky
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Lessons from Last Decade of Anti-Corruption Enforcement in Pharmaceutical Industry
Sep 10, 2013 - Sep 12, 2013 -
Avoiding Government Scrutiny on Issues of Medical Necessity
May 23, 2013
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White Collar Criminal Defense
Kirk Ogrosky represents Fortune 500 companies and senior executives in civil and criminal cases. Mr. Ogrosky is distinguished as a leading lawyer by Chambers USA for his healthcare defense work, was named one of Washington's SuperLawyers for white collar criminal defense in 2012, and has been awarded the highest peer review rating by Martindale (AV).
His peers describe him as "a strong choice for someone facing a government investigation or trial who wants a steady hand to guide them through it” and "one of the premier health care experts in the United States.” In 2009, Congressional Quarterly wrote that he "turned conventional white collar prosecution on its head" in the world of healthcare.
He is a veteran trial lawyer who handles Anti-Kickback Statute, False Claims Act, FCPA, and Food, Drug, and Cosmetic Act cases, among others. In his last 15 federal jury trials, juries have reached verdicts in his favor on every count. He has also handled hundreds of investigations and taken 37 defendants through trial to verdict.
Prior to joining the firm, Mr. Ogrosky was the head of healthcare fraud enforcement in the Criminal Division of the U.S. Department of Justice. He also served as an AUSA in the Southern District of Florida from 1999 to 2004, and as an AAG in Kentucky from 1996 to 1998. He is an Adjunct Professor of law at Georgetown University where he teaches healthcare fraud and trial advocacy. He is regularly consulted on fraud matters by the media including appearances on ABC Nightline, NBC Nightly News, CBS 60 Minutes, and NPR. He clerked for the Honorable Patricia A. Seitz in the United States District Court in the Southern District of Florida.
- Represents pharmaceutical and device manufacturers in qui tamcases related to alleged promotional activities and violations of the Anti-Kickback Statute.
- Represents hospital system in qui tam cases related to physician relationships and operations.
- Litigated False Claims Act cases involving allegations of (a) improper implanting of non-FDA approved, investigational cardiac devices; (b) fraudulent cost reporting of expenses and clinic services; (c) improper rebating of outpatient surgical facilities; and (d) coding of patient transfers, among others.
- Represents physicians in cases alleging health care fraud, tax evasion, public corruption, and other matters.
- Represents pharmaceutical and device manufacturers in FCPA matters related to alleged bribery of government officials.
- Handled investigation of medical device manufacturer for alleged false statements to the FDA, clinical trial failures, misbranding, and off-label promotion.
- Represents senior pharmaceutical and device executives in civil and criminal investigations of alleged misbranding and Anti-Kickback Statute violations.
- First-chaired multiple Medicare fraud jury trials involving alleged false claims and AKS.
Washington, DC Super Lawyers 2012 for Criminal Defense: White Collar
HHS OIG's Exceptional Achievement and Prosecutive Leadership Awards, 2010.
Chambers USA: America's Leading Lawyers for Business 2012 for Healthcare (DC)
US Attorney General's Award for Distinguished Service, 2008.
HHS OIG’s Integrity and Cooperative Achievement Awards, 2008.
US Assistant Attorney General's Award for Special Initiative, 2007.
US Executive Office for United States Attorneys (EOUSA) Director's Award for Superior Performance as an Assistant US Attorney, 2003.
Kirk Ogrosky "Internal Investigation Strategies in Healthcare Fraud & Abuse Matters" (PDF: 134 kB) Health Care Compliance Institute, April 2013
Lisa S. Blatt, Jeffrey L. Handwerker, John N. Nassikas and Kirk Ogrosky "Does Sorrell v. IMS Health Mark the End of Off-Label Promotion Prosecution?" (PDF: 173 kB) Reproduced with permission from Pharmaceutical Law & Industry Report, 9 PLIR 909. Copyright 2011 by The Bureau of National Affairs, Inc.(800-372-1033) 15 Jul. (2011)
Daniel A. Kracov and Kirk Ogrosky "Preparing for Heightened Scrutiny of Global Clinical Trials" (PDF: 112 kB) Bloomberg's Health Law Report, November 2010
Kirk Ogrosky and Daniel A. Kracov "The Impact of Reform on Health Care Fraud Enforcement" (PDF: 90 kB) ABA's The Brief (Vol. 40, No. 1), October 2010
Kirk Ogrosky "Bracing for Increased FCPA Enforcement in the Pharmaceutical and Device Industries" (PDF: 129 kB) Rx Compliance Report, April 2010
"Landmark Second Circuit Decision Strikes Down Criminal Prohibition Against Truthful and Non-Misleading Off-Label Communications By Pharmaceutical Companies" (PDF: 532 kB) Dec 2012
"Summary of the Proposed Rule to Implement the Physician Payment "Sunshine" Provisions of the Affordable Care Act" (PDF: 1.36 MB) Dec 2011
Sep 10, 2013 - Sep 12, 2013