Craig Margolis focuses his practice on compliance and internal investigations, with a particular emphasis on False Claims Act (FCA) claims, government contracts procurement fraud, health care fraud, tax and securities fraud, political corruption, and the Foreign Corrupt Practices Act. He has served as lead counsel in numerous investigations and white collar criminal defense matters, and has handled FCA matters across a range of industries.
As an Assistant United States Attorney from 1999 to 2004, Mr. Margolis prosecuted Medicare/Medicaid and private payor health care fraud and abuse, identity theft, tax fraud, labor organization embezzlement, and environmental crime, among other areas; his work included trials, appellate arguments, and grand jury proceedings.
He is the co-chair of the ABA Criminal Justice Section, False Claims Act Subcommittee, and is a frequent presenter at continuing legal education seminars offered by the ABA and ACI, among others, on issues relating to the False Claims Act, securities fraud, and ethical issues in internal investigations.
Experience
- Representing companies across industry sectors in False Claims Act matters, including investigation and advocacy before the Department of Justice on intervention and successfully defending companies in both non-intervened relator qui tam actions and intervened cases brought by the DOJ.
- (C.D. Ill.) — Won dismissal in 2015 of non-intervened qui tam alleging false claims regarding a government contractor's provision of air charter services for personnel into the Middle East. The court found that the relator had failed to allege fraud and granted relator leave to replead; relator chose not to replead and the case was dismissed.
- Won a landmark ruling in 2014 in DC Circuit relating to privilege governing internal investigations in connection with an FCA case.
- Won dismissal in 2014 in Fifth Circuit of all FCA claims against a telecommunications equipment supplier arising under the federal E-Rate program.
- After an 11-day trial in the Court of Federal Claims in 2011, won a total victory against the government in a prominent fraud case; the fraud rulings have been affirmed on appeal.
- Following an internal investigation, successfully negotiated a low-value civil settlement with the Department of Justice for a government contractor in 2013 for a fraction of the amount that the government originally sought in damages with no admission of liability or adverse collateral consequences.
- Obtained multiple dismissals of FCA actions during the past five years for the single largest logistics contractor supporting the US military in Iraq and Afghanistan in federal district courts nationwide, including Eastern District of Virginia, District of Columbia, and Central District of Illinois.
- Represented a senior regulatory affairs executive at a medical device manufacturer in a criminal prosecution for off-label promotion in Eastern District of Pennsylvania.
- Representing companies in conducting Foreign Corrupt Practices Act compliance, training, policy reviews, and due diligence on prospective agents and business partners.
- Represented a former senior official of a major accounting firm in criminal tax shelter prosecution, resulting in the dismissal of charges and contributing to a dramatic change in DOJ prosecutorial policy.
- Representing multiple employees of pharmaceutical companies and medical device manufacturers in DOJ investigations of allegations of off-label promotion and Medicaid fraud and abuse.
Perspectives
Recognition
Litigation: White Collar Crime & Government Investigations (DC) (2015-2023)
Credentials
Education
- J.D., Yale Law School, 1995
- A.B., University of Michigan, 1991, with highest distinction
Admissions
- District of Columbia
- Massachusetts
- Supreme Court of the United States
- Various U.S. Courts of Appeals
- Various U.S. District Courts
Government & Military Service
- Assistant US Attorney for the Eastern District of Pennsylvania
Clerkships
- U.S. District Court, District of Massachusetts, The Honorable Patti B. Saris
Activities
- Co-chair, ABA Criminal Justice Section, False Claims Act Subcommittee
- Notes Editor, Yale Law Journal