Q&A With Gabe Scannapieco: Insights From a DOJ Veteran

Q: If you had 30 seconds to describe your practice, what would you say?

A: I am a partner in AGG’s Litigation & Dispute Resolution practice, focusing on government investigations, white-collar defense, and commercial litigation. I counsel clients in the healthcare, life sciences, and consumer products industries, as well as those facing other complex regulatory and enforcement challenges.

I consider myself a problem solver, providing clients with strategic guidance in government investigations and ensuring compliance with evolving regulatory frameworks. I enjoy combining my insider understanding of Department of Justice priorities with my focus on business-oriented, proactive approaches to risk mitigation — helping clients anticipate enforcement trends while protecting their operations, reputation, and bottom line.

Q: What are the primary areas of focus in your practice related to government investigations?

A: My government investigations practice focuses primarily on civil and criminal enforcement actions brought by the Department of Justice (“DOJ”), the Food and Drug Administration (“FDA”), the Federal Trade Commission (“FTC”), the Consumer Product Safety Commission (“CPSC”), the Drug Enforcement Administration (“DEA”), and state attorneys general. These actions often involve healthcare, life sciences, foods and nutritional products, and consumer protection.

Q: How does your experience at the Department of Justice benefit your clients at AGG?

A: While at DOJ’s Consumer Protection Branch, I led some of the largest white-collar investigations in department history, including those against Purdue Pharma and Endo Health Solutions, resulting in billions of dollars in criminal penalties. These investigations and others involved violations of the Anti-Kickback Statute, the False Claims Act, the Food, Drug, and Cosmetic Act, the Controlled Substances Act, the Federal Trade Commission Act, the Consumer Product Safety Act, and various criminal fraud statutes, providing me with deep insight into the intricate statutory and regulatory frameworks governing the healthcare and life sciences industries.

Apart from my enforcement experience, I also had the opportunity to work with DOJ leadership and the Branch’s Policy & Compliance team regarding the DOJ’s recent policies on voluntary self-disclosures, corporate compliance program evaluations, and monitorships. The modernization of these policies creates both opportunities and challenges for companies, and I help guide clients on how best to position themselves in light of these changes.

Q: How do you draw on your prior experience at an international law firm to benefit your clients today?

A: My decade of experience at a prominent law firm before joining the DOJ has significantly shaped my approach to client service and advocacy. During that time, I represented Fortune 500 companies in “bet-the-company” litigation, including class actions, multi-district litigation, and other complex matters. This background provided me with a practical understanding of the challenges clients face when dealing with high-stakes litigation and regulatory issues. I also gained insight into how businesses operate, how in-house legal teams approach risk management, and the importance of aligning legal strategies with broader corporate objectives. Now, with my DOJ experience layered on top of that, I can offer AGG’s clients the benefit of seeing issues from both sides — delivering tailored solutions that address both immediate legal challenges and long-term business needs.

Q: Healthcare and life science companies sometimes come under investigation by multiple DOJ components at the same time. How do you help clients navigate “parallel” investigations involving prosecutors from multiple DOJ criminal and civil components?

A: Prosecutors from different components have distinct priorities, objectives, and approaches, and effectively navigating these dynamics is key to minimizing risks. During my time at the DOJ, I worked extensively on investigations involving multiple department divisions and components, including the Civil Division, the Criminal Division, the Office of the Solicitor General, leadership in the Office of the Attorney General, the Office of the Deputy Attorney General, and the Office of the Associate Attorney General, as well as United States Attorney’s Offices across the U.S. and numerous law enforcement partners at the FBI and DEA. My experience with these various stakeholders helps me develop cohesive strategies that address the legal, operational, and reputational challenges that multi-component investigations present — managing parallel proceedings, ensuring consistency in messaging, and avoiding actions in one investigation that could inadvertently harm the client’s position in another. Whether it is managing interactions with prosecutors, addressing compliance concerns raised during investigations, or negotiating resolutions, I draw on my time on the other side of the table to guide clients through the process with confidence and precision.

Q: You served under the Obama, Trump, and Biden administrations. Drawing on that experience, what trends, if any, do you see coming in the fields of healthcare fraud and life sciences enforcement in the first year of the new administration?

A: There are signs that healthcare fraud enforcement will remain front and center. Attorney general nominee Pam Bondi built a strong track record in Florida by prosecuting pill mills and recovering millions in settlements and judgments against healthcare fraudsters. In addition, Todd Blanche and Emil Bove — both former Southern District of New York white-collar prosecutors — were nominated for deputy attorney general and principal associate deputy attorney general, respectively, reinforcing the department’s likely focus on continued enforcement. Brett Shumate’s appointment as acting assistant attorney general for the Civil Division adds further DOJ experience and familiarity with litigating matters involving federal healthcare programs, the False Claims Act (“FCA”), and oversight of drug and medical device safety.

Moreover, under the previous Trump administration, the DOJ showed a willingness to devote significant resources to healthcare and life sciences enforcement. It tripled the size of the Consumer Protection Branch expanding its drug- and device-related enforcement activity, launched the National Rapid Response Strike Force to tackle major healthcare fraud schemes, and bolstered the department’s geographically focused Health Care Fraud Strike Forces. This momentum, coupled with the doubling of DOJ-initiated healthcare FCA actions under Trump compared to Obama, strongly suggests that the DOJ will persist in pursuing rigorous oversight and enforcement within the healthcare and life sciences sectors.

Q: What do you enjoy doing outside of work?

A: When not experimenting in the kitchen, you can find me on the sideline of my teenage daughters’ soccer matches or cheering on the University of Michigan on football Saturdays. I also enjoy concerts and musical theater — whether it is catching musicals around D.C. with my girls, venturing to Broadway, or even seeking out stadium shows abroad. And if I’m not listening to others sing, I’ll occasionally take a turn at the karaoke mic myself.

Traveling with my family is another passion. Over the past two years, we’ve embraced our sense of adventure, visiting eight countries across four continents and 21 of the 50 states. From hiking through the Upper and Lower Rocky Mountains to marveling at the Mediterranean Sea and the Sahara Desert, each trip has been unforgettable. Some of our recent international destinations include Belgium, Brazil, Canada, Germany, Morocco, Portugal, Spain, and the Bahamas. I cannot wait to see where we end up next.