Kirk Ogrosky is recognized as one of the nation’s leading life sciences and healthcare fraud defense attorneys. His clients characterize him in Chambers USA as “a star of the healthcare arena” known for “exceptional work” and “great judgment.” He represents corporations and individuals in federal and state investigations involving alleged healthcare fraud, FCPA violations, securities fraud, tax evasion, and money laundering. 

An accomplished trial lawyer, Kirk has taken over forty defendants to verdict in federal jury trials and has negotiated some of the most significant criminal and civil False Claims Act resolutions in the country. He also maintains a distinguished track record conducting internal investigations and implementing corrective action plans. A former Deputy Chief of the Fraud Section in the US Department of Justice, an Assistant US Attorney for the Southern District of Florida, and Assistant Attorney General in Kentucky, Kirk spent over a decade investigating and prosecuting fraud cases. One of the first to harness the use of sophisticated data analytics, Kirk is widely recognized as the key architect behind modern healthcare fraud enforcement.

Experience

  • First-chaired successful defense in 10 week federal trial against physician on charges of public corruption and bribery. US v. Melgen, et al., Case No. 1:15-CR-00155 (D.N.J. 2017) (Court granted acquittal for all political contribution counts after jurors voted 10 to 2 to acquit.  DOJ dismissed remaining counts with prejudice).
  • First-chaired successful defense in 5 week federal trial against physician on charges of healthcare fraud, aggravated identity theft, and obstruction of justice. US v. Bajoghli, Case No. 1:14-CR-278 (E.D.VA. 2015)(Jury acquitted client of all charges).
  • Representing pharmaceutical and medical device manufacturers, executives, and physicians in matters involving allegations of (a) AKS violations; (b) improper drug and device promotion; and (c) improper discounts and rebates, among others.
  • Recent public False Claims Act cases include: U.S., ex rel. Dickson, v. Bristol-Myers Squibb, et al., Case No. 3:13-cv-01039 (S.D. IL)(declined and case dismissed); U.S., ex rel. JKJ Partnership, et al., v. Sanofi-Aventis U.S., et al., Case No. 3:11-CV-6476 (DNJ)(declined and case dismissed); U.S., ex rel. CIMZNHCA LLC, et al., v. UCB, Inc., et al., Case No. 17-cv-765 (S.D. IL)(declined and case pending); U.S., ex rel. Rudolph, et al., v. ISS Holdings LTD., et al., Case No. 10-1109 (D.D.C.)(case resolved); U.S., ex rel. Doe, et al., v. Ferring Pharmaceuticals, Inc., et al., Case No. 3:12-CV-542 (M.D. TN 2012)(case dismissed); U.S., ex rel. Dennis v. University Medical Center, No. 3:09-cv-00484 (M.D. TN)(declined and case dismissed); U.S., ex rel. Williams v. HMA, et al., Case No. 3:09-CV-130 (M.D. GA)(case dismissed); U.S., ex rel. Adams v. VMR Institute, Inc., Case No. 10-407 AG (C.D. CA)(case dismissed); and U.S. v. New York Heart Center, et al. (Stark law case resolved prior to filing).

Perspectives

Government Enforcement Panel
ABA's 29th Annual National Institute on Health Care Fraud, New Orleans, LA
Responding to Government Investigations and Compliance Matters
HCCA's 23rd Annual Compliance Institute, Health Care Compliance Association, Boston, MA
Data Mining & Healthcare Fraud Enforcement
ABA's 33rd Annual National Institute on White Collar Crime, New Orleans, LA
DOJ's False Claims Act Recoveries Fall to $2.8 Billion in FY2018
Advisory
Trial Practice
Speaker, National Association of Criminal Defense Lawyers' White Collar Seminar, Defending the White Collar Case: In & Out of Court, Washington, DC
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Recognition

Chambers USA
Healthcare (DC) (2012-2019)
Healthcare: Regulatory & Litigation (Nationwide) (2017-2019)
Litigation: White-Collar Crime & Government Investigations (DC) (2017-2019)
Washington, DC Super Lawyers
Criminal Defense: White Collar, Healthcare, Food and Drugs (2012-2018)
"Top 100 Lawyers in Washington, DC" (2014-2018)
The Legal 500 US
White-Collar Criminal Defense (2014-2017)
Healthcare: Service Providers (2016-2017)
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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 and 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
Activities
  • Member, BNA Health Care Fraud Report Advisory Board
Overview

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