Lead Criminal Counsel in DOJ Antikickback Investigation against Major Hospital System
- Was lead criminal counsel for major non-profit hospital system investigated by DOJ in Washington for 18 months over alleged violations of the federal Anti-Kickback statute and Stark laws in connection with the establishment of a hospital in a joint venture with leading heart and vascular physicians; DOJ cited 800% returns on physician investments as proof of remuneration for patient referrals; painstaking defense analysis and presentation to Main Justice showed legitimate market rates of return projected at time of joint venture.
Result: Investigation dropped; though less than 1% of such cases are reported to be dismissed without adverse action by DOJ, as a result of the defense presentation officials at Main Justice declined to prosecute either through criminal or civil proceedings, closing the investigation.