David counsels individuals and entities through government investigations, advises on corporate compliance and governance matters, and litigates civil and white-collar healthcare fraud cases.
David offers clients with a specialized expertise in healthcare enforcement and compliance counseling following a distinguished federal career with the Office of Inspector General (OIG). He provides clients an unparalleled understanding of federal investigations and enforcement actions through his ability to replicate the government’s case development strategies and interpretation of the governing laws, rules, and regulations. He also draws on his prior OIG experience to give clients insight into the government’s expectations relating to corporate governance and compliance best practices.
David routinely provides advice on fraud and abuse issues, including matters arising under the False Claims Act, the Anti-Kickback Statute, the physician self-referral law (Stark Law), federal healthcare reimbursement, and other regulations promulgated by CMS, DEA, FDA, or OIG. Clients often seek David’s expertise to conduct internal investigations after receiving a government subpoena or civil investigative demand, or after self-identifying a compliance concerns. At each step, he provides guidance on risk mitigation strategies, the implementation of compliance safeguards, and advice on navigating investigations, audits, overpayment returns, and OIG self-disclosures.
David provides his depth of experience to a wide variety of healthcare clients including, physician practice groups, healthcare technology companies, pharmaceutical and device manufacturers, pharmacies, assisted living facilities, home health providers, laboratories, and individual healthcare providers and suppliers.
Prior to working in private practice, David served as senior counsel for over a decade with OIG, where he represented the agency in healthcare fraud and abuse matters involving Civil Monetary Penalties Law (CMPL) and federal program exclusion law. His routinely resolved matters under the OIG’s Self-Disclosure Protocol, negotiated and monitored Corporate Integrity Agreements, and litigated agency matters before departmental administrative law judges and appeal boards.
During his government tenure, David served as OIG’s Litigation Coordinator, Exclusion Coordinator, and subject matter expert for the Select Agent and Toxins Program. Through these positions, David helped shape OIG’s investigative and enforcement efforts, laying the groundwork for the agency’s subsequent formation of the Affirmative Litigation Branch, a division focusing solely on the imposition of monetary penalties and the exclusion of individuals and entities under the CMPL.
During his federal career, David was designated a Special Assistant United States Attorney (SAUSA) in the Southern District of Mississippi. As a SAUSA, he served as the healthcare subject matter expert for the office and investigated and prosecuted matters from the grand jury process through sentencing. His work as a prosecutor resulted in numerous indictments and several jury trials, contributing to the conviction of 34 individuals.
David was an instructor for the Academy for Civil Rights Investigators at DOJ’s National Advocacy Center in Columbia, South Carolina, where he trained attorneys and investigators on case development and litigation techniques. He is a frequent speaker on topics related to healthcare fraud and abuse and is an active member in several healthcare industry associations.