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Adam R. Tarosky



Adam Tarosky is a member of the Government Investigations & White Collar Defense practice group. A former prosecutor and civil enforcement attorney with the United States Department of Justice, Adam represents executives and corporations in matters involving alleged fraud on the government, consumers, and shareholders. He counsels providers of health care products and services, defense contractors, and financial institutions through confidential investigations under the False Claims Act, qui tam and government-initiated proceedings, and high-stakes litigation against whistleblowers (called “relators”) and the United States. He also represents clients in securities fraud and Foreign Corrupt Practices Act investigations and related litigation, and defends media organizations facing defamation allegations.

What do you focus on?

I represent clients in a variety of industries, including healthcare, defense contracting, financial services, higher education, and telecommunications, in government investigations and related litigation, primarily under the False Claims Act, Anti-Kickback Statute, Stark Law, Financial Institutions Reform, Recovery, and Enforcement Act, and Foreign Corrupt Practices Act.

I manage internal investigations and advise clients on compliance with these laws, counsel clients in responding to Civil Investigative Demands from the Department of Justice, and subpoenas from law enforcement agencies like the Department of Health and Human Services Office of Inspector General, and zealously defend clients in fraud suits brought by relators and the government. At each phase, I identify and guide clients through potentially parallel administrative and criminal exposure, and assure that their best case is presented in a manner that government attorneys will relate to and respect.

Before joining the firm, I worked as a trial attorney in the Fraud Section of the Department of Justice, the office that oversees nearly every False Claims Act 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 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 retail pharmacy. Together, these efforts resulted in the recovery of over $100 million of taxpayer dollars.

Prior to my time with the government, I was a litigation associate at a leading trial and white collar defense law firm in Washington, D.C., and served as a law clerk 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 over 20 civil and criminal cases, including a seminal consumer fraud matter involving allegedly inflated average wholesale pharmaceutical prices.

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 $59 billion, and in 2018 alone, the Department of Justice opened 918 civil and 1,139 criminal fraud investigations of health care providers. 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. Since 1986, relators have initiated nearly three times as many FCA actions as the United States, recovered nearly $2.5 billion in declined qui tam cases alone, and received nearly $600 million for those efforts. The government exercises its statutory prerogative to dismiss qui tam actions judiciously, requiring defendants to zealously defend themselves or face treble damages, civil penalties, and likely administrative sanction. 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 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, but who also appreciates the demands of a competitive business. I have spent roughly equal time on both sides of the “v.” and have the experience and insight that generates exceptional results for clients.

Representative Matters

  • Defending leading medical device company in qui tam action involving hip implants
  • 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
  • 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

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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