Kirk Ogrosky is recognized as one of the nation's leading fraud and abuse defense counsel. Clients describe him as "a star of the healthcare arena," distinguished for his "exceptional work" and "great judgment." Chambers USA. He defends corporations, senior executives and directors in federal and state investigations involving alleged False Claims Act, Anti-Kickback Statute, Stark law, Securities, and FCPA violations.
A strong advocate for his clients, Kirk believes that experienced counsel who are prepared for trial achieve the best results. In the last 20 years, Kirk has taken over forty defendants to verdict in jury trials and has favorably negotiated some of the most significant FCA resolutions in the country. He also has significant experience leading internal investigations and implementing corrective action plans.
One of the first to harness the use of sophisticated data analytics, Kirk has been recognized as the key architect behind modern criminal healthcare fraud enforcement. Kirk has over a decade of experience prosecuting civil and criminal cases. He served as the Deputy Chief of the Fraud Section within the Criminal Division (2006-10), an Assistant US Attorney for the Southern District of Florida (1999-05), and Assistant Attorney General in Kentucky (1996-98). In 2007, he created the Medicare Fraud Strike Force to tackle the most serious fraud cases.
- 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. 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. JKJ Partnership, et al., v. Sanofi-Aventis U.S., et al., Case No. 3:11-CV-6476 (DNJ) (declined and dismissed); U.S., ex rel. Dickson, v. Bristol-Myers Squibb, et al., Case No. 3:13-cv-01039 (S.D. IL) (declined and dismissed); U.S., ex rel. Rudolph, et al., v. ISS Holdings LTD., et al., Case No. 10-1109 (D.D.C.) (resolved); U.S., ex rel. Doe, et al., v. Ferring Pharmaceuticals, Inc., et al., Case No. 3:12-CV-542 (M.D. TN 2012) (dismissed); U.S., ex rel. Dennis v. University Medical Center, No. 3:09-cv-00484 (M.D. TN) (declined and dismissed); U.S., ex rel. Williams v. HMA, et al., Case No. 3:09-CV-130 (M.D. GA) (dismissed); and U.S., ex rel. Adams v. VMR Institute, Inc., Case No. 10-407 AG (C.D. CA)(dismissed).
Healthcare: Regulatory & Litigation (Nationwide) (2017-2019)
Litigation: White-Collar Crime & Government Investigations (DC) (2017-2019)
Healthcare: Service Providers (2016-2017, 2019)
White-Collar Criminal Defense (2014-2017)
- JD, The George Washington University Law School
- BA, Washington University in St. Louis
- District of Columbia
- 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
- 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
- US District Court, Southern District of Florida, The Honorable Patricia A. Seitz
- Member, BNA Health Care Fraud Report Advisory Board