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. 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

Selling a COVID-19 "Cure"
Enforcement Edge: Shining Light on Government Enforcement
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
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Recognition

Chambers USA
Healthcare (DC) (2012-2020)
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)
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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
Activities
  • Member, BNA Health Care Fraud Report Advisory Board
Overview

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