White Collar Defense
A partner in the White Collar and FDA/Healthcare groups, Kirk defends corporations and individuals in governmental investigations, qui tam litigation, and trials. He is a experienced trial lawyer and litigator having handled hundreds of cases. He has first chaired 15 federal cases in last ten years where juries have returned verdicts in his favor on all counts.
Kirk joined the firm in 2010 after a distinguished career in government. From 2006 to 2010, he served as deputy chief of the Fraud Section within the Criminal Division of the US Department of Justice. In that role, Kirk is widely recognized as the key architect behind contemporary criminal healthcare fraud enforcement programs. He managed national healthcare fraud investigations and cases, and supervised teams of federal prosecutors handling alleged FCPA, securities fraud, and mail and wire fraud cases. Kirk created the Medicare Fraud Strike Force in partnership with the FBI and OIG. To date, the Strike Force has brought cases involving over US$6.5 billion in alleged criminal fraud. Further, he served on committees of the President's Healthcare Fraud Prevention and Enforcement Action Team (HEAT). Prior to DOJ, he was an Assistant US Attorney in the Southern District of Florida, and 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 and 2015, Kirk was designated as one of Washington's Top-100 lawyers by Super Lawyers. He 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 lectures as a faculty member, panelist and keynote speaker on healthcare fraud, foreign bribery, criminal law enforcement, and trial. He serves as an adjunct professor of law at Georgetown University where he teaches healthcare fraud.
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.
- 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.
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 2012-2015 for Healthcare (DC)
Washington, DC Super Lawyers 2012-2014 for Criminal Defense: White Collar and Healthcare
Washingtonian's "Best Lawyers" 2013 for Health Care Law
LMG Guide, Life Science Star 2012-2014