White Collar Defense
A Partner in the White Collar Defense and FDA/Healthcare groups, Kirk represents business entities, executives and directors in qui tam litigation, government investigations, prosecutions, and trials.
Prior to joining the firm, Kirk served as deputy chief of the Fraud Section within the Criminal Division of the US Department of Justice (DOJ), and is recognized as the key architect behind DOJ's modern criminal healthcare fraud enforcement programs. At DOJ, Kirk was responsible for overseeing national healthcare investigations and cases, and for supervising teams of federal prosecutors with respect to a wide variety of crimes including FCPA violations, securities fraud, money laundering, and mail and wire fraud. Kirk has handled hundreds of cases, taken nearly 40 defendants through trial, and, in his last 15 federal trials, juries have reached verdicts in his favor on all counts.
In 2006, Kirk created the Medicare Fraud Strike Force in partnership with the FBI and OIG. To date, the Strike Force program has brought cases involving over US$6 billion in alleged fraud. Kirk also served on multiple committees of the President's Healthcare Fraud Prevention and Enforcement Action Team (HEAT). Kirk served for over 5 years as an Assistant US Attorney in the Southern District of Florida, and 2 years as an Assistant Attorney General in Kentucky.
Ranked as a leading lawyer by Chambers USA, clients praised Kirk’s “exceptional work” and “great judgment.” In 2014, Kirk was designated as one of Washington's Top-100 lawyers by Super Lawyers. He also has been described by his peers as "one of the premier healthcare experts in the United States.” Other recognition includes Super Lawyers for white collar defense, Washingtonian Magazine’s Best Lawyers for healthcare, LMG’s Life Sciences Star, and the highest rating by Martindale (AV).
Kirk has spoken frequently as a faculty member, panelist and keynote speaker at numerous healthcare enforcement programs. He also serves as an adjunct professor of law at Georgetown University where he teaches an annual course on healthcare fraud. He clerked for the Honorable Patricia A. Seitz in the United States District Court in the Southern District of Florida.
White Collar Defense Representative Matters
- Represents pharmaceutical manufacturers in qui tam cases related to alleged false claims and Anti-Kickback Statute violations related to promotional activities.
- Represents pharmaceutical and device manufacturers, and senior executives in FCPA and UK Bribery Act internal and government investigations.
- Represents healthcare providers and physicians in government investigations and qui tam cases alleging health care fraud, public corruption, and other matters.
- Handled investigations of medical device manufacturer for alleged false statements to the FDA, clinical trial failures, misbranding, and off-label promotion.
- Litigated False Claims Act cases involving allegations related to (a) hospital and provider billing of drugs and devices; (b) cost report fraud; (c) improper rebating; and (d) miscoding of patient transfers, among others.
- First-chaired Medicare fraud jury trials involving alleged false claims and AKS.
US Attorney General's Award for Distinguished Service, 2008.
US Assistant Attorney General's Award for Special Initiative, 2007.
HHS OIG's Exceptional Achievement and Prosecutive Leadership Awards, 2010.
EOUSA Director's Award for Superior Performance as an Assistant US Attorney, 2003.
HHS OIG's Integrity and Cooperative Achievement Awards, 2008.
Chambers USA: America's Leading Lawyers for Business 2012-2014 for Healthcare (DC)
Washington, DC Super Lawyers 2012-2014 for Criminal Defense: White Collar
Washingtonian's "Best Lawyers" 2013 for Health Care Law
LMG Guide, Life Science Star 2012-2014