Murad Hussain is a trial and investigations attorney who represents clients in criminal and civil enforcement cases and complex litigation. He defends and counsels life sciences innovators, healthcare providers, government contractors, and others in matters involving the False Claims Act (FCA) and criminal fraud laws, anti-corruption and anti-kickback statutes, and the Foreign Agents Registration Act (FARA). He works closely with clients to analyze quantitative data and develop strategies to promote internal compliance and counter the government's use – and misuse – of data and statistics during investigations and trial. He also serves on the firm's Pro Bono Committee and regularly represents clients pro bono in criminal proceedings, civil rights and civil liberties lawsuits, and Freedom of Information Act (FOIA) matters. He is also an Adjunct Professor of trial practice at the Georgetown University Law Center.

Mr. Hussain is an experienced constitutional litigator, and currently represents former FBI Deputy Director Andrew McCabe in his wrongful termination lawsuit under the First and Fifth Amendments. Mr. Hussain also defended Dr. Salomon Melgen at trial against claims of bribing US Senator Robert Menendez, and successfully argued for acquitting both men of all charges involving First Amendment-protected political contributions – a ruling that, in the New York Times' words, "blew a hole" in the prosecution's case and led to the dismissal of all remaining charges.

Mr. Hussain served as a law clerk to the Honorable Ellen Segal Huvelle of the United States District Court for the District of Columbia.

Experience

  • Various companies and individuals, in federal criminal grand jury, civil, and agency investigations concerning the False Claims Act, Anti-Kickback Statute, Foreign Agents Registration Act, and anticorruption laws.
  • Pharmaceutical innovators, in winning dismissal of a False Claims Act qui tam suit concerning promotional activities, US ex rel. Dickson v. Bristol-Myers Squibb Co., et al., 332 F. Supp. 3d 927 (D.N.J. 2017), and in defending against related state attorney general consumer protection actions.
  • Dermatologic surgeon, in winning a complete acquittal after a 5-week federal criminal jury trial on charges of healthcare fraud and aggravated identity theft. US v. Bajoghli, No. 1:14-CR-278 (E.D. Va. Nov. 30, 2015).
  • Campaign contributor, in securing a mistrial after a 10-week jury trial on bribery and related criminal charges, where the jury deadlocked 10-2 for acquittal, and in successfully arguing for Rule 29 acquittal on all counts based on political contributions, leading to the dismissal of all remaining charges. US v. Menendez, et al., 291 F. Supp. 3d 606, 623-35 (D.N.J. 2018).
  • Radiation oncology practice, in winning dismissal of a False Claims Act qui tam suit alleging violations of Medicare requirements for supervision of medical procedures. US ex rel. Parker v. Space Coast Medical Associates, L.L.P., et al., 94 F. Supp. 3d 1250 (M.D. Fla. 2015).
  • Federal procurement contractor, in winning dismissal of a False Claims Act qui tam suit alleging violations of the Trade Agreements Act. US ex rel. Berkowitz v. Automation Aids, et al., No. 13-CV-8185, 2017 WL 1036575 (N.D. Ill. Mar. 16, 2017), aff'd, 896 F.3d 834 (7th Cir. 2018).
  • Naval contractors, in defending against the federal government's False Claims Act suit, arguing for the FCA's non-extraterritoriality, and securing a no-fault dismissal. US ex rel. Rudolph v. Inchcape Shipping Services Holdings Ltd., et al., No. 1:10-CV-1109 (D.D.C. June 11, 2018).
  • Hospital management company, in federal investigations, proceedings before the Judicial Panel on Multi-District Litigation, and individual False Claims Act qui tam suits alleging medically unnecessary procedures and violations of the Stark Law and Anti-Kickback Statute. See, e.g., In re Health Management Associates, Inc. Qui Tam Litigation, MDL Nos. 2442 & 2524.

Perspectives

The Biden DOJ and False Claims Act Enforcement: A Look Ahead (pdf)
Government Contracting Law Report, Vol. 7, No. 4
Life During COVID-19: SDNY Orders Video Testimony for Witness in Criminal Trial
Enforcement Edge: Shining Light on Government Enforcement
New Series Alert: Tracking Judge Garland's Confirmation Hearing (and What It May Mean for You)
Enforcement Edge: Shining Light on Government Enforcement
What to Expect for False Claims Act Enforcement Under the Biden Administration
Qui Notes: Unlocking the False Claims Act
DOJ Revises Guidance on FARA's Legal Exemption
Enforcement Edge: Shining Light on Government Enforcement
More

Recognition

Best Lawyers
Qui Tam Law (2022)
The Legal 500 US
"Next Generation Partner"–Healthcare: Life Sciences (2020-2021)
Healthcare: Service Providers (2021)
Healthcare: Life Sciences (2021)
Washington, DC Super Lawyers
"Rising Star" – Criminal Defense: White Collar; Government Contracts; Health Care; Civil Litigation: Defense (2014-2017)

Credentials

Education
  • JD, Yale Law School
  • AB, Harvard College, magna cum laude
Admissions
  • District of Columbia
  • California
  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Fourth Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Eleventh Circuit
  • US District Court, District of Columbia
  • US District Court, Central District of California
Clerkships
  • US District Court, District of Columbia, The Honorable Ellen Segal Huvelle
Overview

Email Disclaimer