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

Kirk has taken over forty defendants to verdict in federal jury trials and has favorably negotiated some of the most significant False Claims Act resolutions in the country. Clients refer to him as the "leading trial lawyer in the healthcare space" and "top for False Claims Act litigation." They further comment upon his "exceptional work," "great judgment," and "practical and smart" approach to high-stakes litigation. Chambers USA. In 2019, he was named Government Investigations Attorney of the Year and Life Science Star by LMG Guide.

Prior to joining the firm over a decade ago, Kirk served as the most senior healthcare fraud criminal prosecutor at DOJ as the Deputy Chief of the Fraud Section in the Criminal Division (2006-2010). He also served as an Assistant US Attorney for the Southern District of Florida (1999-2005), and Assistant Attorney General in Kentucky (1996-98). He has been widely recognized as the key architect behind modern criminal healthcare fraud enforcement after establishing and managing the Medicare Fraud Strike Force from 2006 to 2010.

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. 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).

Perspectives

DOJ and OIG Health Care Fraud Enforcement in 2020 and Beyond (pdf)
Journal of Health Care Compliance, Vol. 22, No. 1
Pharmaceutical and Medical Device Investigations and Enforcement Forum
Arnold & Porter Seminar, Short Hills, NJ
Deskbook on Internal Investigations, Corporate Compliance, and White Collar Issues (2nd ed.)
Practising Law Institue
CMS Implements New Enrollment and Revocation Rules to Stop "Pay-and-Chase" Fraud and Abuse Enforcement
Advisory
Government Enforcement Panel
Moderator, 2019 Healthcare Enforcement Compliance Conference, Washington, DC
More

Recognition

Chambers USA
Healthcare (DC) (2012-2019)
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
Government Contracts (2019)
Healthcare: Service Providers (2016-2017, 2019)
White-Collar Criminal Defense (2014-2017)
More

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
Activities
  • Member, BNA Health Care Fraud Report Advisory Board
Overview

Email Disclaimer