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Adam R. Tarosky



Adam Tarosky is a member of the Government Investigations & White Collar Defense practice group. He is a recent alumnus of one of the most powerful offices in the Department of Justice (DOJ). The Civil Fraud Section, the clearinghouse for all False Claims Act (FCA) activity in the country, annually coordinates the recovery of over $3 billion from health care providers, defense contractors, and other entities and individuals that do business with the federal government. Adam uses the knowledge and insight that he obtained as a trial attorney with that office to counsel clients through FCA investigations, qui tam and government-initiated proceedings, and high-stakes litigation against whistleblowers and the United States.

Adam also represents clients facing administrative sanctions like federal program debarment, exclusion, revocation, or suspension; counsels health care providers and government contractors through audits and overpayment reviews; defends media organizations in First Amendment litigation; and maintains a robust general commercial litigation practice.

What do you focus on?

 

I represent clients in a variety of industries, including health care, government contracting, financial services, higher education, and telecommunications, facing government investigation and related litigation, primarily under the FCA, Anti-Kickback Statute, Civil Monetary Penalties Law, Stark Law, Contract Disputes Act, Truth in Negotiations Act, Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), and Federal Acquisition Regulation.

False Claims Act Compliance and Defense

I advise clients on compliance with these laws, manage internal investigations, direct responses to civil investigative demands from the DOJ and subpoenas from law enforcement agencies like the Department of Health and Human Services Office of Inspector General (HHS-OIG), work to convince the DOJ and its client agencies that they should decline to prosecute FCA allegations or resolve them on favorable terms, and litigate FCA claims pursued by whistleblowers or the government through motions to dismiss, discovery, summary judgment, and trial. Throughout such representations, I quickly identify and carefully guide clients through potentially parallel criminal and administrative liability.

Advocacy before Government Agencies and Inspectors General

In addition to my FCA compliance and defense practice, I regularly advocate before federal agencies, including HHS-OIG, the Centers for Medicare and Medicaid Services (CMS), and the Department of Defense, to protect providers from debarment, exclusion, revocation, suspension, and unduly burdensome corporate integrity agreements and monitorships. I also help clients respond effectively to government audits and overpayment reviews.

Navigation of Government Investigations Using Insider’s Instincts

Before joining Nixon Peabody, I served as a trial attorney in the DOJ’s Civil Fraud Section, the office that oversees nearly every FCA investigation, qui tam proceeding, litigation, and trial in the country. There, I led high-profile enforcement actions against, among others, the country’s highest paid Medicare cardiologist, the estate of a bank executive charged with misappropriating Troubled Asset Relief Program funds, and the former chief financial officer of a global professional services firm that overbilled the United States for reconstruction work in Iraq and Afghanistan. I investigated and resolved other matters short of litigation, including through settlements with a major purveyor of residential mortgage-backed securities and a nationwide mail-order pharmacy. Together, these efforts resulted in the recovery of over $100 million. I also served as a Special Assistant U.S. Attorney in the Major Crimes Section of the U.S. Attorney’s Office for the District of Columbia, prosecuting criminal actions involving trespass, assault, theft, drugs, weapons, and firearm-related offenses.

Prior to my government service, I was a senior associate at one of the most elite trial and white collar defense law firms in Washington, DC, and before that, I clerked for Judge Thomas M. Hardiman of the United States Court of Appeals for the Third Circuit.

Trial

Throughout my career, I have tried or assisted in trying over 20 civil and criminal cases, including a seminal consumer fraud matter involving allegedly inflated average wholesale drug prices. I took numerous other cases to the brink of trial, including FCA cases involving allegedly unnecessary inpatient admissions and fraud on a state Medicaid program’s sole community provider program.

What do you see on the horizon?

The False Claims Act will continue to be a major source of revenue for the government, and a major source of potentially catastrophic financial, operational, and reputational risk to individuals and entities that do business with it.

Since 1986, FCA recoveries have exceeded $62 billion. At the same time, incentives for relators to bring FCA actions on behalf of the government have remained, and qui tam actions have continued to proliferate. Over 600 qui tam actions have been filed each year since 2011.

Although the government has increasingly exercised its statutory prerogative to dismiss such cases under recent guidance from the Civil Fraud Section, tenuous allegations continue to be litigated long after the government declines, forcing defendants to zealously defend themselves or risk treble damages, mandatory civil penalties, and likely administrative sanctions.

In parallel with increasing federal enforcement of the FCA, 31 states now have FCA-like statutes of their own, and interstate coordination of investigation and enforcement efforts, including through sophisticated data analysis and information sharing, is becoming more efficient and robust.

All of this means that those who do business with the United States and state governments need experienced counsel who understands the priorities, procedures, and at times peculiarities of the government, and who maintains close relationships with federal prosecutors, civil enforcement attorneys, agency counsel, and federal program personnel across the country.

I am one of only a few dozen defense attorneys with an insider’s understanding of the DOJ and the Civil Fraud Section who has also amassed significant criminal, regulatory, and private sector experience. My unique knowledge and insight generate exceptional results for clients.

Representative Matters

  • Defending leading medical device company in qui tam action involving hip implants
  • Representing witness in FCA and Anti-Kickback Statute investigation involving spinal implant manufacturers, distributors, and surgeons
  • Counseling pharmacist in responding to HHS-OIG notice of proposed permissive exclusion from Medicare program
  • Helping several air carriers apply for and negotiate CARES Act financial assistance with the Department of the Treasury
  • Represented individual charged with misconduct by World Sailing, the international governing body for the sport of sailing
  • Obtained landmark False Claims Act settlement following investigation and contentious litigation against nation’s highest paid Medicare cardiologist
  • Obtained pre-judgment attachment of assets of bank holding company and negotiated complex resolution of dispute among creditors following Arkansas bank president’s misappropriation of Troubled Asset Relief Program funds
  • Held former chief financial officer of global development firm financially liable for conspiracy to submit inflated indirect costs to the United States Agency for International Development
  • Managed complex discovery as senior member of trial team representing United States in closely watched Medicare Advantage risk adjustment litigation
  • Represented government in litigation against national for-profit hospital chain, including by defeating potentially dispositive motion to preclude the use of statistical sampling to establish liability under the False Claims Act
  • Investigated prospective contractors’ compliance with Federal Communication Commission’s e-rate program bidding rules
  • Represented global financial institution in securities suit by Federal Housing Finance Agency under Sections 11 and 12 of the Securities Act
  • Counseled former chief financial officer of oil field services firm through government investigation and interviews arising out of shareholder suit under Sections 10(b) and 20(a) of the Securities and Exchange Act
  • Represented international gaming company in Foreign Corrupt Practices Act investigation by the Department of Justice and Securities and Exchange Commission, which was concluded without charge
  • Served on a team defending a major pharmaceutical company in an investigation concerning the suspected inflation of certain drug prices in advance of the Patient Protection and Affordable Care Act before the House Committee on Energy and Commerce
  • Obtained dismissal of defamation action by son of Palestinian president Mahmood Abbas against international policy magazine
  • Litigated and obtained favorable settlement of defamation action by former president of Iraqi Red Crescent against national newspaper
  • Secured asylum for political activists from Cameroon and Burundi, in one case following a contested evidentiary hearing before an Immigration Judge

Presentations

  • Presenter, “CMS survey instructions; Reporting requirements for SNFs; Enforcement actions; and Compliance and preparation for enhanced enforcement,” Strafford Webinar, September 17, 2020
  • Presenter, “Proposed Changes to Stark Law and Anti-Kickback Statute Regulations – What Your Organization Needs to Know About These and Other New HHS Initiatives,” Health Care Compliance Association (HCCA) Webinar, February 18, 2020.
  • Presenter, “Stark Law, AKS, and CMP Law Changes: Expanded AKS Safe Harbors, Narrowing Stark Law—Proposed Stark and AKS Protections to Facilitate Value-Based Arrangements and Care Coordination,” Strafford Webinar, February 4, 2020.

Managing Risks That Come with Federal Funds

Corporate Compliance Insights | April 17, 2020

NP’s Christopher Hotaling, Adam Tarosky, Scott O’Connell and Colin Missett authored this article detailing key considerations for businesses to consider, given that funds under the CARES Act come with associated responsibilities for recipients, creating potential criminal and civil liability if not properly handled.

Employers see strings attached in $500B CARES Act relief

Law360 | April 03, 2020

Washington, D.C. Government Investigations and White-Collar Defense partner Adam Tarosky discussed the possible compliance issues that may arise for businesses accepting government funds as part of the CARES Act.

Top DOJ attorney spotlights main FCA target areas for 2020

Law360 | February 28, 2020

This article features Washington, DC, Government Investigations and White Collar Defense partner Adam Tarosky discussing the best approach for Medicare Advantage insurers who may be re-evaluating their chart review programs in the context of possible False Claims Act actions brought by the Department of Justice.

Nixon Peabody adds ex-ICE director amid white collar swoon

Bloomberg Law | September 04, 2019

This article highlights the arrival of Washington DC Government Investigations and White Collar Defense partner John Sandweg, a former acting director of Immigration and Customs Enforcement.

John comes to NP after leading his own boutique firm, Frontier Solutions. He joins NP along with five team members: counsel Rachel Winkler, associate Catherine Ingram Hunstad, legal assistant Tracey Ford, and investigative directors Jerry Robinette and Miguel Unzueta. John and his five colleagues will spearhead our firm’s new Cross-Border Risks team.

This article also quotes Washington DC Government Investigations and White Collar Defense partner Adam Tarosky on current trends in False Claims Act prosecutions.

Devicemaker-doctor relationships ripe for fraud litigation

Modern Healthcare | August 23, 2019

This article quotes Washington, DC, Government Investigations and White Collar Defense partner Adam Tarosky for his perspective on the overlap between anti-kickback violations and False Claims Act violations when physicians are accused of accepted improper perks from medical device companies.

Career Tracker

Reuters Legal | July 15, 2019

This roundup of lawyers on the move features the promotion of Boston Global Finance partner Amy Charamba to practice group leader and the addition of Washington, DC, Government Investigations and White Collar Defense partner Adam Tarosky.

Washington-area appointments and promotions for July 15

The Washington Post | July 14, 2019

This roundup of important personnel moves in the Washington, DC, area highlights the arrival of  Government Investigations and White Collar Defense partner Adam Tarosky to NP.

Contact

Adam R. Tarosky

Partner

Washington, DC

Phone: 202-585-8036


Fax: 833-400-2588

Duke University School of Law, J.D., magna cum laude

The Pennsylvania State University Schreyer Honors College, B.A.

District of Columbia Court of Appeals

Supreme Court of Pennsylvania

U.S. Court of Appeals, Third Circuit

U.S. Court of Appeals, District of Columbia Circuit

U.S. District Court, District of the District of Columbia

  • Financial Crimes and Inspectors General Council Award, May 2017
  • Super Lawyers, Rising Star, May 2014
  • Certificate of Recognition for Professional Support of Victim Assistance and Sexual Assault Program, County Executive of Montgomery County, Maryland, April 2009
  • American Bar Association, Health Law Section
  • American Bar Association, White Collar Crime Division
  • American Health Lawyers Association
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