Kirk Ogrosky is a partner in Goodwin's Complex Litigation and Dispute Resolution, Life Sciences, and Healthcare practices where he co-leads the firm’s Healthcare Government Enforcement & False Claims Act Defense practice. Mr. Ogrosky is recognized as one of the nation's leading government enforcement defense attorneys. He specializes in False Claims Act defense; complex litigation involving the Anti-Kickback Statute; Foreign Corrupt Practices Act matters involving healthcare sectors; as well as internal investigations. He represents manufacturers of pharmaceuticals, biologics, medical devices; clinical laboratories; pharmacies; hospitals and integrated health networks; ambulatory surgery centers; diagnostic testing facilities; physicians; physician practice management companies; developers of digital health technology; Medicare Advantage and Medicaid plans; and private equity firms, operating companies and investors in governmental investigations. Mr. Ogrosky’s practice is national in scope and clients include public and private companies, and their boards and executives.

Experience

工作经历

EXPÉRIENCE

ERFAHRUNG

Combining extensive courtroom expertise, business acumen, and deep regulatory experience, Mr. Ogrosky helps clients achieve exceptional results in challenging high-stakes matters. He has first-chaired federal jury trials in districts across the country, having taken over forty defendants to verdict. Mr. Ogrosky’s experience includes:

  • Successfully resolved FCA qui tam cases against national clinical laboratory and private equity investors related to promotional activities, coding, and medical necessity allegations. U.S. ex rel. Mandalapu, et al., v. Alliance Family of Companies, and Ancor Holdings, L.P., et al., Civil Action No. 4:17-cv-00740 (S.D. TX 2017); U.S. ex rel. McKay v. Alliance Family of Companies, LLC, and Ancor Capital Partners, et al., Case No. 4:18-cv-1949 (S.D. TX 2018); U.S. ex rel. Calcanis v. Alliance Family of Companies, Inc., et al., Case No. 4:19-cv-1497 (M.D. FL 2017); U.S. ex rel. Krasnov v. Alliance Family of Companies, LLC, and Ancor Holdings, L.P., et al., Civil Action No. 4:19-cv-4886 (E.D. Pa 2019); U.S. ex rel. Fuller v. Respiratory Sleep Solutions, et al., Civil Action No. 4:17-cv-01197 (S.D. TX 2017); and U.S. ex rel. Gales v. Alliance Family of Companies, LLC, et al., Case No. 4:19-cv-1213 (N.D. TX 2018).*
  • First chaired federal jury trial alleging U.S. Senator and prominent surgeon, political fundraiser engaged in public corruption. After ten-week trial, where jury deadlocked 10-2 for acquittal, Court granted the Rule 29 acquittal related to all political and PAC contributions resulting in dismissal of case. U.S. v. Menendez, et al., 291 F. Supp. 3d 606 (D.N.J. 2018).*
  • Secured dismissal of FCA qui tam cases against pharmaceutical manufacturers related to promotional activities. U.S. ex rel. Dickson v. Bristol-Myers Squibb Co., et al., 332 F. Supp. 3d 927 (D.N.J. 2017); U.S. ex rel. JKJ Partnership 2011, LLP v. Sanofi Aventis, U.S., LLC, et al., No. 3:11-CV-6476, 2021 WL 5002715 (D.N.J. Oct. 28, 2021).*
  • First chaired federal jury trial leading to a verdict of acquittal on all charges after five-week federal trial against prominent surgeon and medical professor involving charges of healthcare fraud, aggravated identity theft, and obstruction of justice. U.S. v. Bajoghli, Case No. 1:14-CR-278 (E.D. VA 2014).*
  • Obtained overpayment resolution in FCA qui tam cases against national hospice, home health care, and clinical laboratory related to coding and diagnostic testing. U.S. ex rel. Mahmood v. U.S. Medical Management, LLC, et al., Case No. 2:10-CV-12022 (E.D. Mich. 2010); U.S. ex rel. Hines v. VPA, P.C., et al., Case No. 1:10-CV-941 (S.D. Ohio 2010); U.S. ex rel. Rais v. Pinnacle Homecare, LLC, et al., Case No. 2:12-CV-15518 (E.D. Mich. 2012); U.S. ex rel. Henkels, et al., v. Grace Hospice, LLC, et al., No. 2:14-CV-11944 (E.D. Mich. 2014); and U.S. ex rel. Ghosh v. Heritage Home Hospice, LLC, et al., No. 1:17-cv-396 (W.D. Mich. 2017).*
  • First chaired federal jury trial leading to a judgment below plea offer on charges of healthcare fraud and tax evasion. U.S. v. Yi, et al., Case No. 1:17-cr-224-LO (E.D. VA 2017).*
  • Achieved dismissal of FCA qui tam case against pharmaceutical manufacturer in case concerning nurse educator and reimbursement services. U.S. ex rel. CIMZNHCA LLC, et al., v. UCB, Inc., et al., Case No. 17-cv-765 (S.D. IL 2017), 970 F.3d 835 (7th Cir. 2020).*
  • Resolved FCA qui tam case against multi-state cardiology and vascular surgery practice. U.S. ex rel. Pringle v. Advanced Cardiology Care, Civil Action No. 16-cv-3779 (D. MD 2016).*
  • First chaired seven-week federal jury trial against surgeon on charges of Medicare fraud. Surgeon’s sentence was commuted post-appeal. U.S. v. Melgen, Case No. 15-80049-CR (S.D. FL 2015).*
  • Settled FCA qui tam case against government contractor operating in middle-eastern ports. U.S., ex rel. Rudolph, et al., v. ISS Holdings LTD., et al., Case No. 10-1109 (D.D.C. 2010).*
  • Represented national hospital chain in FCA qui tam suits alleging medically unnecessary admissions and procedures, as well as alleged violations of the AKS and Stark Law. In re Health Management Associates, Inc. Qui Tam Litigation, MDL Nos. 2442 & 2524 (consolidated qui tams into MDL).*
  • Secured declination and dismissal of FCA qui tam case against university affiliated retinal practice related to alleged inappropriate billing for Medicare Part B reimbursed drugs related to the ASP. U.S. ex rel. Adams v. VMR Institute, Inc., Case No. 10-407 AG (C.D. CA 2010).*
  • Secured declination and dismissal of FCA qui tam case against hospital for alleged violations of AKS and Stark law. U.S. ex rel. Dennis v. University Medical Center, No. 3:09-cv-00484 (M.D. TN 2009).*

*Denotes experience prior to joining Goodwin.

Professional Experience
Mr. Ogrosky served as Deputy Chief of the Fraud Section in the U.S. Department of Justice's Criminal Division from 2006 to 2010. In that role, he created and managed the Medicare Fraud Strike Force for which he has been widely recognized as the key architect behind modern criminal healthcare fraud enforcement. To date, the Strike Force has indicted over 4,200 individuals who collectively billed Medicare and Medicaid for over $19 Billion in fraudulent claims. He served as Assistant U.S. Attorney for the Southern District of Florida in Miami from 1999 to 2005, and as an Assistant Attorney General in Kentucky from 1996 to 1998. Prior to joining Goodwin, Mr. Ogrosky was with Arnold & Porter Kaye Scholer LLP, and Skadden, Arps, Slate, Meagher & Flom LLP.
Professional Activities

Mr. Ogrosky is a member of the American Bar Association and serves on the ABA’s Advisory Board for the Healthcare Fraud Institute. He is a former member of the Board of Directors of the National Health Care Anti-Fraud Association (“NHCAA”). Since 2007, Mr. Ogrosky has served as an Adjunct Professor of Law at Georgetown University where he teaches courses in Healthcare Fraud and the Use of Expert Witnesses at trial.

Recognition

A nationally recognized trial and government enforcement defense lawyer, Mr. Ogrosky is known for his skill in the courtroom and industry-wide knowledge of healthcare fraud. He is recognized for his ”stellar reputation in contentious healthcare fraud matters” and as a “leader in the industry” and “great advocate for his clients” by Chambers USA 2022, he is ranked in Band 1 for Healthcare. He was named Government Investigations Attorney of the Year by LMG Life Sciences in 2019, and he has been ranked by Super Lawyers as one of the Top 100 Lawyers in DC since 2014, and one of the top defense attorneys in White Collar, Healthcare, Food and Drugs since 2012. Other recognitions include:

LMG Life Sciences Guide has ranked Mr. Ogrosky as a "Life Sciences Star" in Non-IP Litigation & Enforcement: White-Collar/Government Investigations (2018-2021) and "Life Sciences Star" in Non-IP Litigation (2012-2016). The Legal 500 US has recognized Mr. Ogrosky in Healthcare: Service Providers (2016-2017, 2019, 2021), and White-Collar Criminal Defense (2014-2018). While Benchmark Litigation ranked him as a "National Practice Star" – White Collar Crime (2017-2020), and a "Local Litigation Star" — White Collar Crime (2018-2020). He is Martindale AV rated.

In government service, Mr. Ogrosky was a recipient of the U.S. Attorney General’s Award for Dedicated Service in 2008, the U.S. Assistant Attorney General’s Award for Special Initiative in 2007, the Director’s Award for Superior Performance as an AUSA in 2003, and multiple Integrity Awards from the OIG-HHS.

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ACTUALITÉS

MELDUNGEN

Credentials

专业资格

RÉFÉRENCES

WERDEGANG

Education

J.D., 1995
The George Washington University Law School
B.A., 1992
Washington University in St. Louis
(cum laude)

Clerkships

U.S. District Court for the Southern District of Florida, The Honorable Patricia A. Seitz

Admissions

Bar

District of Columbia
Kentucky

Courts

District of Columbia Court of Appeals
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the District of Columbia
US District Court, Eastern District of Kentucky
US District Court, Western District of Kentucky
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