Kirk Ogrosky is recognized as one of the nation's leading government enforcement and white-collar criminal defense attorneys. He handles complex criminal, civil and corporate litigation including healthcare fraud and abuse matters involving the False Claims Act, Anti-Kickback Statute, and FCPA. Combining extensive courtroom expertise, business acumen, and deep regulatory experience, he helps clients achieve exceptional results in challenging high-stakes matters.

Mr. Ogrosky has first-chaired federal jury trials in districts across the country and has taken over forty defendants to verdict. He was named Government Investigations Attorney of the Year by LMG for 2019. For the past six years, Mr. Ogrosky has been named one of the Top 100 Lawyers in DC by Super Lawyers. In addition, Chambers placed Mr. Ogrosky in Band 1 for Healthcare practitioners in 2020.

Prior to joining the firm in 2010, Mr. Ogrosky served as Deputy Chief of the Fraud Section in DOJ's Criminal Division (2006-10), an Assistant US Attorney for the Southern District of Florida (1999-05), and Assistant Attorney General in Kentucky (1996-98). He has been widely recognized as the key architect behind modern criminal healthcare fraud enforcement after creating and running the Medicare Fraud Strike Force from 2006-10.

Experience

  • Representing pharmaceutical and medical device manufacturers, diagnostic testing companies, senior executives, directors, and physicians in civil FCA and criminal investigations by the US Department of Justice and state Attorney's General.
  • Recent trials include: US v. Yi, et al., Case No. 1:17-cr-224-LO (EDVA) (J. O'Grady) (in July of 2018, first-chaired multi-week federal jury trial against company founder and chief executive on charges of Medicare fraud and tax evasion); US v. Menendez, et al., Case No. 1:15-CR-00155 (DNJ) (J. Walls) (in September of 2017, first-chaired ten-week federal jury trial against physician on charges of public corruption); US v. Melgen, Case No. 15-80049-CR (SDFL) (J. Marra) (in March of 2017, first-chaired seven-week federal jury trial against physician on charges of Medicare fraud); US v. Bajoghli, Case No. 1:14-CR-278 (EDVA) (J. Lee) (in October of 2016, first-chaired five-week federal jury trial against physician on charges of Medicare fraud, aggravated identity theft, and obstruction of justice).
  • Recent False Claims Act cases include: U.S. ex rel. Mandalapu, et al., v. Alliance Family of Companies, Inc., and Ancor Holdings, L.P., et al., Civil Action No. 4:17-cv-00740 (SDTX March 6, 2017) (resolved 2021); U.S., ex rel. Dickson, v. Bristol-Myers Squibb, et al., Case No. 3:13-cv-01039 (S.D. IL 2013), 332 F. Supp. 3d 927 (D.N.J. 2017) (declined and dismissed 2017); U.S. ex rel. Mahmood v. U.S. Medical Management, LLC, et al., Case No. 2:10-CV-12022 (E.D. Mich. 2010) (resolved 2021); U.S., ex rel. CIMZNHCA LLC, et al., v. UCB, Inc., et al., Case No. 17-cv-765 (S.D. IL 2017), 970 F.3d 835 (7th Cir. 2020) (dismissed post appeal 2021); U.S., ex rel. JKJ Partnership, et al., v. Sanofi-Aventis U.S., et al., Case No. 3:11-CV-6476 (DNJ 2011), MDL 2418 (D.N.J. Oct. 28, 2021) (declined and dismissed); U.S., ex rel. Pringle v. Advanced Cardiology Care, Civil Action No. 16-cv-3779 (D. MD Nov. 18, 2016) (resolved 2019); U.S. ex rel. Fuller v. Respiratory Sleep Solutions, et al., Civil Action No. 4:17-cv-01197 (S.D. TX 2017) (resolved 2021); U.S. ex rel. McKay v. Alliance Family of Companies, LLC, and Ancor Capital Partners, et al., Case No. 4:18-cv-1949 (S.D. TX 2018) (resolved 2021); U.S. ex rel. Gales v. Alliance Family of Companies, LLC, et al., Case No. 4:19-cv-1213 (N.D. TX 2018) (resolved 2021); U.S. ex rel. Calcanis v. Alliance Family of Companies, Inc., et al., Case No. 4:19-cv-1497 (M.D. FL 2017) (resolved 2021); U.S. ex rel. Krasnov v. Alliance Family of Companies, LLC, and Ancor Holdings, L.P., et al., Civil Action No. 4:19-cv-4886 (E.D. PA 2019) (resolved 2021); U.S. ex rel. Hines v. VPA, P.C., et al., Case No. 1:10-CV-941 (S.D. Ohio 2010) (resolved 2021); U.S. ex rel. Rais v. Pinnacle Homecare, LLC, et al., Case No. 2:12-CV-15518 (E.D. Mich. 2012) (resolved 2021); U.S. ex rel. Henkels, et al., v. Grace Hospice, LLC, et al., No. 2:14-CV-11944 (E.D. Mich. 2014) (resolved 2021); U.S. ex rel. Ghosh v. Heritage Home Hospice, LLC, et al., No. 1:17-cv-396 (W.D. Mich. 2017) (resolved 2021); U.S., ex rel. Rudolph, et al., v. ISS Holdings LTD., et al., Case No. 10-1109 (D.D.C. 2010) (resolved 2018); U.S., ex rel. Doe v. Ferring Pharmaceuticals, Inc., et al., Case No. 3:12-CV-542 (M.D. TN 2012) (dismissed 2015); U.S., ex rel. Dennis v. University Medical Center, No. 3:09-cv-00484 (M.D. TN 2009) (declined and dismissed 2012); U.S., ex rel. Williams v. HMA, et al., Case No. 3:09-CV-130 (M.D. GA 2009) (dismissed 2012); In re Health Management Associates, Inc. Qui Tam Litigation, MDL Nos. 2442 & 2524 (multiple qui tams 20102012) (resolved); U.S., ex rel. Adams v. VMR Institute, Inc., Case No. 10-407 AG (C.D. CA 2010) (dismissed 2012).

Perspectives

ABA False Claims Act Panel Dishes Out the Truth on Long-Term Care, Whistleblowers, and Cybersecurity
Enforcement Edge: Shining Light on Government Enforcement
False Claims Act Update for Compliance and Payors
Health Ethics Trust, Best Practices Forum, Washington, DC
Conducting Internal FCPA Corruption Investigations for Pharmaceutical and Medical Device Manufacturers
European Healthcare Compliance Program, Seton Hall Sponsor, Paris, FR
Healthcare Fraud & Abuse Enforcement in the Biden Administration
Health Ethics Trust, Executive Course, Washington, DC
The Biden DOJ and False Claims Act Enforcement: A Look Ahead (pdf)
Government Contracting Law Report, Vol. 7, No. 4
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Recognition

Chambers USA
Healthcare (DC) (2012-2021)
Healthcare: Regulatory & Litigation (Nationwide) (2017-2019)
Litigation: White-Collar Crime & Government Investigations (DC) (2017-2019)
LMG Life Sciences Awards
Government Investigations Attorney of the Year (2019)
The Legal 500 US
Healthcare: Service Providers (2016-2017, 2019, 2021)
Government Contracts (2019)
White-Collar Criminal Defense (2014-2018)
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Credentials

Education
  • JD, The George Washington University Law School
  • BA, Washington University in St. Louis
Admissions
  • District of Columbia
  • Kentucky
  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Eleventh Circuit
  • US Court of Appeals for the Fourth Circuit
  • US Court of Appeals for the Sixth Circuit
  • US District Court, District of Columbia
  • US District Court, Eastern District of Kentucky
  • US District Court, Western District of Kentucky
Government & Military Service
  • Deputy Chief for Health Care Fraud, Criminal Division, US Department of Justice
  • Assistant US Attorney, Southern District of Florida, Miami
  • Assistant Attorney General, Office of the Attorney General, Kentucky
Clerkships
  • US District Court, Southern District of Florida, The Honorable Patricia A. Seitz
Overview

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