Adam Tarosky is a member of the Government Investigations & White Collar Defense practice group and leads the False Claims Act Team. He came to Nixon Peabody from one of the most powerful offices in the Department of Justice. The Civil Division’s Fraud Section, the clearinghouse for all False Claims Act activity in the country, annually coordinates the recovery of billions of dollars from health care providers, defense contractors, and other entities and individuals that do business with the government. Adam uses the knowledge and insight that he obtained as a trial attorney with the Fraud Section to counsel clients through FCA investigations and qui tam and government-initiated litigation.
Adam also provides compliance counsel; represents clients facing administrative sanctions like debarment, exclusion, suspension, or civil monetary penalties; guides health care providers through pre- and post-payment reviews and program integrity audits; and maintains a robust commercial litigation practice.
I represent clients in a variety of heavily regulated industries, including health care, government contracting, financial services, higher education, and aviation, facing government investigation and related litigation, primarily under the FCA, Anti-Kickback Statute, Stark Law, Civil Monetary Penalties Law, Contract Disputes Act, Truth in Negotiations Act, and Federal Acquisition Regulation.
I advise on compliance with the FCA and statutes and regulations that commonly underlie FCA actions, 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, work to convince the government to decline to prosecute FCA allegations or resolve them on favorable terms, and litigate FCA claims by whistleblowers or the United States through motions practice, discovery, and trial. Throughout such representations, I identify and strategically guide clients through potentially parallel criminal and administrative liability.
In addition to my FCA compliance and defense practice, I regularly advocate before government agencies, including HHS-OIG, the Centers for Medicare and Medicaid Services, and the Department of Defense, to protect providers and contractors from debarment, exclusion, suspension, civil monetary penalties, and unduly burdensome corporate integrity agreements and monitorships. I also help clients respond effectively to pre- and post-payment reviews by Medicare Administrative Contractors and Recovery Audit Contractors, and to program integrity audits by Unified Program Integrity Contractors.
Before joining Nixon Peabody, I served as a trial attorney in the Civil Division’s 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.
During my time at the DOJ, I also served as a Special Assistant United States Attorney in the Major Crimes Section of the United States 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 an elite trial and white collar defense firm in Washington, DC, and before that, I clerked for Judge Thomas M. Hardiman of the United States Court of Appeals for the Third Circuit.
Throughout my career, I have tried or assisted in trying dozens of civil and criminal cases, including a seminal consumer fraud matter involving allegedly inflated average wholesale prices for prescription drugs. I took numerous other cases to the brink of trial, including FCA cases involving allegedly unnecessary inpatient admissions and fraud on a state Medicaid agency’s sole community provider program.
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 $64 billion. At the same time, incentives for relators to bring FCA actions have remained, and qui tam actions have continued to proliferate. Over 600 qui tam actions have been filed each year since 2011 and, last year, the government brought a record 250 FCA actions on its own.
Although the government has increasingly exercised its statutory prerogative to dismiss qui tam actions, 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. State Attorneys General and Medicaid Fraud Control Units are likely to take increasingly significant roles in fraud, waste, and abuse enforcement in the coming years.
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 a small group of defense attorneys with an insider’s understanding of the DOJ and the Fraud Section who has also amassed significant criminal, regulatory, and private sector experience. My unique knowledge and insight generate exceptional results for clients.
District of Columbia
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, District of Columbia Circuit
U.S. District Court, District of Columbia
U.S. District Court, Western District of Pennsylvania
U.S. District Court, Eastern District of Pennsylvania
U.S. District Court, Middle District of Pennsylvania
Duke University School of Law, J.D., magna cum laude
The Pennsylvania State University Schreyer Honors College, B.A.
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.
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.
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.
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