White Collar Defense
A Partner in the White Collar Defense and FDA/Healthcare groups, Kirk represents business entities, senior executives, directors, and physicians in qui tam litigation, government investigations, prosecutions, and trials.
Kirk served as deputy chief of the Fraud Section within the Criminal Division of the US Department of Justice from 2006 to 2010. He has been recognized as the key architect behind contemporary criminal healthcare fraud enforcement programs. At the Fraud Section, Kirk managed national healthcare fraud investigations and cases, and supervised teams of federal prosecutors handling alleged FCPA, securities fraud, money laundering, and mail and wire fraud. Kirk is a seasoned trial lawyer and litigator having handled hundreds of cases.
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 committees of the President's Healthcare Fraud Prevention and Enforcement Action Team (HEAT). Prior to DOJ, he served for over five years as an Assistant US Attorney in the Southern District of Florida, and two 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 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 frequently as a faculty member, panelist and keynote speaker at programs involving 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 and abuse. 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 and Healthcare
Washingtonian's "Best Lawyers" 2013 for Health Care Law
LMG Guide, Life Science Star 2012-2014