White Collar Criminal Defense

Kirk Ogrosky represents Fortune 500 companies and senior executives in civil and criminal cases. Mr. Ogrosky is distinguished as a leading lawyer by Chambers USA for his healthcare defense work, was named one of Washington's SuperLawyers for white collar criminal defense in 2012, and has been awarded the highest peer review rating by Martindale (AV).

His peers describe him as "a strong choice for someone facing a government investigation or trial who wants a steady hand to guide them through it” and "one of the premier health care experts in the United States.” In 2009, Congressional Quarterly wrote that he "turned conventional white collar prosecution on its head" in the world of healthcare.

He is a veteran trial lawyer who handles Anti-Kickback Statute, False Claims Act, FCPA, and Food, Drug, and Cosmetic Act cases, among others. In his last 15 federal jury trials, juries have reached verdicts in his favor on every count. He has also handled hundreds of investigations and taken 37 defendants through trial to verdict.

Prior to joining the firm, Mr. Ogrosky was the head of healthcare fraud enforcement in the Criminal Division of the U.S. Department of Justice. He also served as an AUSA in the Southern District of Florida from 1999 to 2004, and as an AAG in Kentucky from 1996 to 1998. He is an Adjunct Professor of law at Georgetown University where he teaches healthcare fraud and trial advocacy. He is regularly consulted on fraud matters by the media including appearances on ABC Nightline, NBC Nightly News, CBS 60 Minutes, and NPR. He clerked for the Honorable Patricia A. Seitz in the United States District Court in the Southern District of Florida.

White Collar Criminal Defense Representative Matters

• Represents pharmaceutical and device manufacturers in qui tamcases related to alleged promotional activities and violations of the Anti-Kickback Statute.
• Represents hospital system in qui tam cases related to physician relationships and operations.
• Litigated False Claims Act cases involving allegations of (a) improper implanting of non-FDA approved, investigational cardiac devices; (b) fraudulent cost reporting of expenses and clinic services; (c) improper rebating of outpatient surgical facilities; and (d) coding of patient transfers, among others.
• Represents physicians in cases alleging health care fraud, tax evasion, public corruption, and other matters.
• Represents pharmaceutical and device manufacturers in FCPA matters related to alleged bribery of government officials.
• Handled investigation of medical device manufacturer for alleged false statements to the FDA, clinical trial failures, misbranding, and off-label promotion.
• Represents senior pharmaceutical and device executives in civil and criminal investigations of alleged misbranding and Anti-Kickback Statute violations.
• First-chaired multiple Medicare fraud jury trials involving alleged false claims and AKS.

• Represents pharmaceutical and device manufacturers in qui tamcases related to alleged promotional activities and violations of the Anti-Kickback Statute.
• Represents hospital system in qui tam cases related to physician relationships and operations.
• Litigated False Claims Act cases involving allegations of (a) improper implanting of non-FDA approved, investigational cardiac devices; (b) fraudulent cost reporting of expenses and clinic services; (c) improper rebating of outpatient surgical facilities; and (d) coding of patient transfers, among others.
• Represents physicians in cases alleging health care fraud, tax evasion, public corruption, and other matters.
• Represents pharmaceutical and device manufacturers in FCPA matters related to alleged bribery of government officials.
• Handled investigation of medical device manufacturer for alleged false statements to the FDA, clinical trial failures, misbranding, and off-label promotion.
• Represents senior pharmaceutical and device executives in civil and criminal investigations of alleged misbranding and Anti-Kickback Statute violations.
• First-chaired multiple Medicare fraud jury trials involving alleged false claims and AKS.