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.

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

Gamble v. United States: Supreme Court Upholds Double Jeopardy Clause's "Separate Sovereigns" Doctrine
Advisory
FCPA Enforcement in the Pharmaceutical and Medical Device Industries
European Healthcare Industry Training: Compliance Certificate Program, Paris, France
Government Enforcement Panel
ABA's 29th Annual National Institute on Health Care Fraud, New Orleans, LA
Responding to Government Investigations and Compliance Matters
HCCA's 23rd Annual Compliance Institute, Health Care Compliance Association, Boston, MA
Data Mining & Healthcare Fraud Enforcement
ABA's 33rd Annual National Institute on White Collar Crime, New Orleans, LA
More

Recognition

Chambers USA
Healthcare (DC) (2012-2019)
Healthcare: Regulatory & Litigation (Nationwide) (2017-2019)
Litigation: White-Collar Crime & Government Investigations (DC) (2017-2019)
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
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

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