White Collar Defense
A Partner in the White Collar Defense and FDA/Healthcare practice groups, Kirk defends business entities and individuals in government investigations, prosecutions, qui tam litigation, and trials.
Ranked as a leading lawyer by Chambers USA, clients praised Kirk’s “exceptional work” and “great judgment.” He was named one of Washington's Super Lawyers for white collar defense, Washingtonian Magazine’s Best Lawyers for healthcare, a Life Sciences Star by LMG, and has been awarded the highest rating by Martindale (AV). He has been described by his peers as "one of the premier healthcare experts in the United States.” In 2009, Congressional Quarterly wrote that Kirk "turned conventional white collar prosecution on its head" in the world of healthcare. In his last fifteen federal trials, juries have reached verdicts in his favor.
Prior to joining Arnold & Porter LLP, Kirk served as deputy chief of the Fraud Section within the Criminal Division of the U.S. Department of Justice (DOJ), and is recognized as the key architect behind DOJ's modern criminal health care fraud enforcement programs. At the Fraud Section, Kirk was responsible for overseeing healthcare investigations and prosecutions, 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 also had significant policy responsibilities including serving on committees of the President's Healthcare Fraud Prevention and Enforcement Action Team (HEAT).
In 2007, Kirk created the Medicare Fraud Strike Force (MFSF) in partnership with HHS-OIG and FBI. To date, the MFSF program has brought criminal cases involving in excess of US$5 billion in alleged Medicare fraud. Kirk served for over five years as an Assistant U.S. Attorney in the Southern District of Florida, and two years as an Assistant Attorney General in Kentucky. He clerked for the Honorable Patricia A. Seitz in the United States District Court in the Southern District of Florida.
Kirk has spoken frequently as a faculty member, panelist and keynote speaker at numerous health care fraud and abuse programs. He also serves as an adjunct professor of law at Georgetown University where he teaches healthcare fraud and abuse.
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 2012-2013 for Healthcare (DC)
Washington, DC Super Lawyers 2012-2013 for Criminal Defense: White Collar
Washingtonian's "Best Lawyers" 2013 for Health Care Law
LMG Guide, Life Science Star 2012-2013
"Developments Impacting the Investigation, Enforcement, and Defense of White Collar Criminal Activity in Healthcare
" Managing White Collar Legal Issues (Inside the Minds) Ch. 3,
"Liability for Lack of Medical Necessity
" Health Care Compliance Association (HCCA), National Compliance Institute, San Diego, CA, April 2014
"Stark: The Regulation of Physician Referrals
" 15th Annual Conference of Emerging Issues in Healthcare Law, ABA, Phoenix, AZ, March 2014
"Betting Your Economic Life on Stark Compliance
" Hospital and Health Systems Law Institute, American Health Lawyers Association (AHLA), New Orleans, LA, February 2014
"Anti-Corruption Enforcement Focus by US DOJ in Pharmaceutical Industry
" Asia Pacific Pharmaceutical Compliance Congress, Kuala Lumpur, Malaysia, September 2013
"Transnational Landscape for Anti-Bribery Enforcement in Healthcare
" European Healthcare Compliance Programme, Sciences Po, Paris, France, June 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