Kirk Ogrosky

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 group. Kirk is recognized as one of the nation's leading white-collar defense attorneys having first-chaired federal jury trials involving over 40 defendants in districts across the country. Kirk focuses his practice on defending clients accused of healthcare fraud, qui tam litigation involving the Anti-Kickback Statute (AKS); False Claims Act (FCA) defense, as well as Foreign Corrupt Practices Act (FCPA) matters involving healthcare sectors. His clients include pharmaceutical and device manufacturers; clinical laboratories; pharmacies; hospitals and integrated health networks; ambulatory surgery centers; diagnostic testing facilities; skilled nursing facilities; physicians; as well as private equity firms, operating companies and investors in governmental investigations.

Combining extensive courtroom expertise, business acumen, and deep regulatory experience, Kirk 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. Kirk’s experience includes:

• First chaired federal jury trial leading to a verdict of acquittal on all charges after five-week trial against Chief Executive Officer of skilled nursing facility and long term care company involving charges of conspiracy to commit healthcare fraud, conspiracy to defraud the United States, and falsification of records in a healthcare matter. U.S. v. Halper, et al., Case No. 2:21-cr-00079-RJC (W.D. Pa. 2023)
• 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 US 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.

Kirk 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 5,400 individuals who collectively billed Medicare and Medicaid for over $27 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.

A nationally recognized trial and government enforcement defense lawyer, Kirk is known for his skill in the courtroom and industry-wide knowledge of healthcare fraud. In Chambers USA 2023, clients observed that Kirk “is a go-to, phenomenal rockstar and would be a first choice for any issue” while his “judgment is second to none and his strategic ability is unmatched. Kirk is ranked in Band 1 for Healthcare and Band 3 for False Claims Act. He has been ranked by Super Lawyers as one of the Top 100 Lawyers in DC since 2014 and was named Government Investigations Attorney of the Year by LMG Life Sciences in 2019.

Other recognitions include:

LMG Life Sciences Guide has ranked Kirk as a "Life Sciences Star" in Non-IP Litigation & Enforcement: White-Collar/Government Investigations (2018-2023) and "Life Sciences Star" in Non-IP Litigation (2012-2016). The Legal 500 US has recognized Kirk in Healthcare: Service Providers (2016-2017, 2019-23), 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 rated AV by Martindale.

In government service, Kirk 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.

• Co-Author, “The Supreme Court Holds that the False Claims Act’s Scienter Element Turns on Defendant’s Subjective Beliefs, Rejecting Seventh Circuit’s Objective Standard,” Goodwin Client Alert, June 5, 2023
• Co-Author, “Seven Tips for Healthcare & Life Sciences Companies Engaging Independent Monitors and Compliance Experts,” Goodwin Client Alert, May 24, 2023
• Speaker, “DOJ FCA Enforcement Involving Private Equity Investment in Healthcare in 2024-25,” Health Care Compliance Association, Compliance Institute, November 5, 2023
• Speaker, “FCPA and UK Bribery Act enforcement involving Pharmaceutical and Medical Device Manufacturers,” European Healthcare Compliance Certificate Program, June 5, 2023
• Speaker, “Healthcare Fraud Trial Practice Demonstration: US v. Young Yi,” American Bar Association 33rd Annual Health Care Fraud Institute, May 5, 2023
• Speaker, “Enforcement & Private Equity,” American Bar Association 33rd Annual Health Care Fraud Institute, May 5, 2023
• Speaker, “False Claims and Qui Tam Enforcement Conference,” American Conference Institute, January 23, 2023
• Speaker, “Healthcare Enforcement Compliance Conference,” Heath Care Compliance Association, November 7-9, 2022
• Speaker, “FCPA and UK Bribery Act enforcement involving Pharmaceutical and Medical Device Manufacturers,” European Healthcare Compliance Certificate Program, September 19, 2022
• Speaker, “False Claims Act Primer Panel,” American Health Law Association, September 28-29, 2022
• Contributor, “How Physician Practice Companies Succeed – And Why Some Don’t,” PE Hub, August 16, 2022
• Speaker, “Compliance Certification Intensive Course,” Health Ethics Trust, August 10-12, 2022
• Co-Author, “DOJ and OIG Health Care Fraud Enforcement in 2020 and Beyond,” Journal of Health Care Compliance, February 2020
• Contributor, “Pharma Manufacturer Federal Government Price Reporting: Recent Litigation and Settlements,” Goodwin Client Alert, August 4, 2022
• Contributor, “False Claims Act Enforcement Risk for Private Equity Investors,” Compliance Cosmos, August 3, 2022
• Contributor, “OIG Alert and DOJ Enforcement Action Summary: Telemedicine Arrangements,” Goodwin Client Alert, July 28, 2022
• Contributor, “Whistleblower Lawyers Use False Claims Act to Target Private Equity Firms Invested in Healthcare and Life Sciences,” Goodwin Client Alert, June 29, 2022
• Contributor, “HHS OIG Opines on Longstanding MedTech Legal Issue – Physician-Owned Device Distributors,” Washington Legal Foundation, May 31, 2022
• Speaker, “Crisis Averted:  Preparing your Healthcare Company to Handle a Government Subpoena,” Health Ethics Trust, May 4, 2022
• Speaker, “Healthcare Compliance Issues During Sale and Acquisition,” 26th Annual Compliance Institute Conference, March 28-31, 2022
• Co-Author, The Most Challenging Compliance Arena in Health Care: Pharmaceutical and Medical Device Manufacturing, Journal of Health Care Compliance, July 2017
• Medicare Fraud and the Laundering of Proceeds: Detecting the Obvious, The Review of Banking & Financial Services, February 2016
• Health Care Fraud in America: Honest Providers Struggle with Enforcement While Criminals Go Free, ABA Criminal Justice (Cover Story), Vol. 30, No. 1, April 2015
• Frontline of Health-Care Defense: Building Credibility for Corporate Counsel in Fraud Investigations, Bloomberg BNA's Health Care Fraud Report, March 2014
• Internal Investigation Strategies in Healthcare Fraud & Abuse Matters, Health Care Compliance Institute, April 2013
• Recent Developments Impacting the Investigation, Enforcement, and Defense of White-Collar Criminal Activity in the Health Care Arena, Managing White Collar Legal Issues, Ch. 3, 2012
• "Does Sorrell v. IMS Health Mark the End of Off-Label Promotion Prosecution?" BNA's Pharmaceutical Law & Industry Report, 9 PLIR 909, July 2011