Health Care

With federal health care spending on the rise, the United States Department of Justice and the United States Department of Health and Human Services have allocated greater resources to investigations of health care fraud, related crimes, and other regulated activity.  The Firm has tried multiple cases to verdict and represented clients in investigations related to the anti-kickback statute, Medicare and Medicaid fraud, misbranding and off-label marketing of pharmaceuticals, among other matters.

Representative cases include:

  • Obtained an acquittal on behalf of the firm's client in U.S. v. Novak, et al., 13 CR 312 (N.D. Ill.).  The firm defended a physician with contracts at Sacred Heart Hospital who was charged under the Anti-kickback statute.  Ted Poulos and Marty Basu effectively demonstrated at trial that the doctor never referred patients to the hospital in exchange for payments under any contracts, and the client was found not guilty on all counts.  As reported by the Chicago Tribunethis victory was the first setback in the government's prosecution of doctors and hospital administrators from Sacred Heart Hospital. 

  • Represented individuals charged in healthcare fraud cases involving Fortune 500 healthcare and pharmaceutical companies;
  • Represented pharmaceutical sales representatives of Fortune 500 company in FDA and grand jury investigation of off-label sales;
  • Represented pharmacy owner and pharmacists in state, FDA, and federal grand jury investigation of misbranding of drugs in Internet pharmacy operation.
  • Represented physical therapy business in Medicaid billing fraud investigation.
  • Defended former Chief Operating Officer of hospital indicted for violating Anti-Kickback statute;
  • Defended physicians against charges of violating Medicare Anti-Kickback statute.