Kirk Ogrosky is an accomplished trial attorney who represents clients in civil and criminal enforcement actions, government investigations, and global anti-corruption matters. He also maintains a distinguished record conducting complex internal investigations, implementing corrective action plans, and negotiating favorable resolutions. A zealous advocate, he has handled multi-billion-dollar disputes in alleged fraud matters, and has taken more than 40 defendants to verdict in federal jury trials over the past 20 years. In 2017 alone, he spent over four months in trial before federal juries in multiple jurisdictions.

As the former Deputy Chief of the Fraud Section within the Department of Justice, Kirk brings an uncommon enforcement perspective to bear in his work for a wide range of clients. He has been recognized as the key architect behind modern healthcare enforcement after founding DOJ’s Medicare Fraud Strike Force, and he was one of the first to harness the use of data analytics to examine claims, marketing and compliance related corporate functions. He also served as an Assistant US Attorney in the Southern District of Florida and an Assistant Attorney General in Kentucky. Clients seek him out to handle critical matters citing his "healthcare expertise and trial skills" that make him an "extremely strong practitioner." (Chambers USA). He has been named by Super Lawyers magazine as one of the Top 100 lawyers in Washington since 2012 based on a vote of his peers, and recognized by Washingtonian magazine as one of the "Top Lawyers in Washington."

Experience

  • Representing pharmaceutical and medical device manufacturers, executives, and physicians in investigations related to FCA, Anti-Kickback Statute, and FCPA allegations.
  • Led successful defense in 10-week federal trial against prominent surgeon accused 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 mistrial where jurors voted 10 to 2 to acquit. DOJ dismissed remainder of case with prejudice).
  • Led defense in five-week federal jury trial against renowned surgeon on charges of healthcare fraud, aggravated identity theft, and obstruction of justice. United States v. Bajoghli, Case No. 1:14-CR-278 (E.D.VA. 2015) (client acquitted of all charges).
  • Led internal investigations and litigated False Claims Act defense in cases involving allegations of (a) off-label promotion, (b) Stark and AKS violations, (c) hospital and provider billing of drugs and devices, (d) cost report irregularities, (e) upcoding, and (f) improper rebating.
  • Selection of public False Claims Act cases include: U.S., ex rel. Rudolph, et al., v. ISS Holdings LTD., et al., Case No. 10-1109 (D.D.C.)(case pending); 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 pending); 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. Dennis v. University Medical Center, No. 3:09-cv-00484 (M.D. TN)(declined and case dismissed); 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 2014); U.S., ex rel. Williams v. HMA, et al., Case No. 3:09-CV-130 (M.D. GA)(case dismissed 2014); U.S., ex rel. Adams v. VMR Institute, Inc., Case No. 10-407 AG (C.D. CA)(declined and case dismissed); and U.S. v. New York Heart Center, et al., (FCA allegations involving Stark, resolved prior to filing).

Perspectives

Government Investigations and Compliance Matters: A Road Map for General Counsel and Compliance Professionals
ABA 28th Annual National Institute on Health Care Fraud, San Francisco, CA
Handling High-Profile Trials and Government Investigations
ABA Criminal Justice Section, 2018 Spring Meeting, Tampa, FL
New Law on the Tax-Deductibility of False Claims Act and Other Government Settlements
Advisory
DOJ Announces $3.7 Billion in FY2017 False Claims Act Recoveries
Advisory
Deskbook on Internal Investigations, Corporate Compliance and White Collar Issues (2nd Edition)
PLI Practising Law Institute
More

Recognition

Chambers USA
Healthcare (DC) (2012-2018)
Healthcare: Regulatory & Litigation (Nationwide) (2017-2018)
Litigation: White-Collar Crime & Government Investigations (DC) (2017-2018)
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)
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 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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