Kirk Ogrosky handles civil and criminal government investigations, False Claims Act litigation, and global anti-corruption matters. He has a distinguished record of conducting 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 over 40 defendants to verdict in federal jury trials. In the past 2 years, Kirk has first-chaired jury trials in US District Courts for the Eastern District of Virginia, the District of New Jersey, and the Southern District of Florida.

As the former Deputy Chief of the Fraud Section within DOJ, Kirk brings an uncommon perspective to bear in his work for clients. He has been recognized as the key architect behind modern healthcare enforcement after founding the 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. In addition, Kirk tried to verdict one of the first criminal computer virus transmission cases in the nation. Prior to DOJ, he served as an AUSA in the Southern District of Florida and as an AAG in Kentucky. Clients refer to him as a "star in the healthcare arena" and he is sought out to handle critical matters based on his "expertise and trial skills." (Chambers USA). He has been named by Super Lawyers as one of the Top 100 lawyers in Washington since 2012.

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.
  • Recent selection of 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

FCPA Enforcement in the Pharmaceutical and Medical Device Industries
European Healthcare Compliance Certification Programme, Seton Hall University School of Law and Sciences Po, Paris, France
Deskbook on Internal Investigations, Corporate Compliance and White Collar Issues (2nd Edition)
PLI Practising Law Institute
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
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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)
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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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