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.
Washington, DC Super Lawyers 2012 for Criminal Defense: White Collar
HHS OIG's Exceptional Achievement and Prosecutive Leadership Awards, 2010.
Chambers USA: America's Leading Lawyers for Business 2012 for Healthcare (DC)
US Attorney General's Award for Distinguished Service, 2008.
HHS OIG’s Integrity and Cooperative Achievement Awards, 2008.
US Assistant Attorney General's Award for Special Initiative, 2007.
US Executive Office for United States Attorneys (EOUSA) Director's Award for Superior Performance as an Assistant US Attorney, 2003.
"Recent Developments Impacting the Investigation, Enforcement, and Defense of White Collar Criminal Activity in the Health Care Arena
" Managing White Collar Legal Issues (Inside the Minds) Ch. 3,
"Conducting Internal Health Care Fraud Investigations
" Health Care Compliance Association (HCCA), National Compliance Institute, Washington, DC, April 2013
"Applying Advanced Analytical Tools to Detect and Deter Fraud and Abuse
" 11th Annual Medicare Congress, Phoenix AZ, February 2013
"Qui Tam Practice Insights
" 13th Annual Pharmaceutical Regulatory and Compliance Congress, Washington, DC, November 2012
"Current Transnational Landscape for Anti-Bribery Enforcement in the Pharmaceutical and Device Industries
" European Healthcare Compliance Programme, Paris, France, November 2012
"Parallel Proceedings in Healthcare Fraud Investigations
" ABA 22nd Annual National Institute on Health Care Fraud, Las Vegas, NV, May 2012
"Tackling Medical Necessity and Quality Issues Prior to DOJ, OIG and CMS Intervention
" Hospital and Health Systems Law Institute, American Health Lawyers Association (AHLA), Orlando, FL, February 9, 2012
"Federal Fraud Enforcement In the Business of Health Insurance after ACA
" National Association of Insurance Commissioners 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
FCPA News and Insights
" (PDF: 1.55 MB) Feb 2013
FCPA News and Insights
" (PDF: 1.39 MB) Jul 2012
FCPA News and Insights
" (PDF: 1.49 MB) Feb 2012