White Collar Defense
Kirk Ogrosky represents corporations and executives in civil and criminal investigations, False Claims Act litigation, and trial. Having a track record of successful resolutions and an ability to achieve timely results has been the hallmark of his practice. If unable to resolve a matter, he is an experienced trial attorney and litigator having first-chaired numerous high profile cases.
Kirk’s practice focuses on fraud and abuse matters in the healthcare and government contracting sectors. He has taken almost 40 defendants through trial to verdict during the past 20 years, and juries have returned verdicts in his favor on all counts in trials he has first-chaired in the last 10 years. Kirk frequently speaks as a faculty member, panelist and keynote on fraud issues, foreign bribery, and trial. He serves as an Adjunct Professor of Law at Georgetown University where he teaches courses on the use of experts and healthcare fraud.
Prior to joining the firm, Kirk served as the Deputy Chief of the Fraud Section in the Criminal Division of DOJ from 2006 to 2010 and as an Assistant US Attorney in the Southern District of Florida from 1999 to 2004. Based on his government service, he is widely recognized as the key architect behind modern criminal healthcare enforcement programs. While at DOJ, he managed prosecutors handling national FCA parallel proceedings, FCPA investigations, and securities fraud matters. He also served on committees of the joint DOJ-HHS Healthcare Fraud Prevention and Enforcement Action Team (HEAT).
White Collar Defense Representative 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.
- Pharmaceutical manufacturers in qui tam cases related to alleged violations of the FDCA and Anti-Kickback Statute violations.
- Pharmaceutical and device manufacturers and senior executives in FCPA and UK Bribery Act investigations.
- Physicians and individuals in litigation involving healthcare fraud offenses.
- Healthcare providers and physicians in government investigations and qui tam cases involving alleged health care fraud, Anti-Kickback Statute, and Stark law violations.
HHS OIG's Exceptional Achievement and Prosecutive Leadership Awards, 2010.
US Attorney General's Award for Distinguished Service, 2008.
HHS OIG's Integrity Award, 2003 and 2008.
US Assistant Attorney General's Award for Special Initiative, 2007.
EOUSA Director's Award for Superior Performance as an Assistant US Attorney, 2003.
Chambers USA: America's Leading Lawyers for Business 2012-2015 for Healthcare (DC)
Washington, DC Super Lawyers 2012-2015: Top 100 Lawyers in DC
The Legal 500 US 2014-2015 for White-Collar Criminal Defense
LMG Guide, Life Sciences Star 2012-2015
Washington, DC Super Lawyers 2012-2014 for Criminal Defense: White Collar and Healthcare
Washingtonian's "Best Lawyers" 2013 for Health Care Law
Martindale: AV rated
"Health Care Fraud in America: Honest Providers Struggle with Enforcement While Criminals Go Free
" ABA's Criminal Justice Magazine (Featured Cover Article), Vol. 30, No. 1,
"Global Corruption Enforcement: Protecting Corporate Interests (Part 1 of 2)
" Business Crimes Bulletin, Volume 22, No. 3,
"Developments Impacting the Investigation, Enforcement, and Defense of White Collar Criminal Activity in Healthcare
" Managing White Collar Legal Issues (Inside the Minds) Ch. 3,
"Int'l Anti-Bribery Enforcement in Pharmaceutical Industry
" European Healthcare Compliance Programme, Sciences Po, Paris, France, June 2015
"Anti-Kickback and Stark Developments, Physician Arrangements and Compliance Practices
" ABA 25th Annual Healthcare Fraud Institute (Planning Committee), Miami, Florida, May 2015
"Healthcare Enforcement in 2015
" AHA-PhRMA-AdvaMed Compliance Officers’ Conference, AHA Sponsored Dinner Speaker, Ethicon, New Jersey, April 2015
"Quality of Care & Medical Necessity Cases and Investigations
" Health Care Compliance Association, National Compliance Institute, Orlando, Florida, April 2015
"Stark: The Regulation of Physician Referrals
" 15th Annual Conference of Emerging Issues in Healthcare Law, ABA, Phoenix, AZ, March 2014
"Anti-Corruption Enforcement Focus by US DOJ in Pharmaceutical Industry
" Asia Pacific Pharmaceutical Compliance Congress, Kuala Lumpur, Malaysia, September 2013
"Qui Tam Practice Insights
" 13th Annual Pharmaceutical Regulatory and Compliance Congress, Washington, DC, November 2012
"Federal Fraud Enforcement In the Business of Health Insurance after ACA
" National Association of Insurance Commissioners (NAIC) Annual Convention, Washington, DC, November 2011
"Off-Label Enforcement Activities in 2010
" CBI's 12th Annual Guidelines for Disseminating Off-Label Information, Washington, DC, October 2010
"Negotiating and Resolving Healthcare Fraud Cases with the Government
" ACI's Government Investigations for Life Sciences (Conference Co-Chair), Philadelphia, PA, September 2010
Global Anti-Corruption Insights
" (PDF: 7.62 MB) Dec 2015
FCPA News and Insights
" (PDF: 7.68 MB) Feb 2015
FCPA News and Insights
" (PDF: 4.42 MB) Aug 2014