Lazarus

David G. Lazarus

Partner
Boston

Former Assistant U.S. Attorney Defending Physicians and Healthcare Organizations in DOJ Investigations and False Claims Act Matters.

Dave is a nationally recognized white-collar defense attorney and trial lawyer with more than 20 years of experience representing organizations and individuals in high-stakes civil, criminal, administrative, and parallel matters. Dave is Chambers ranked for Litigation: White-Collar Crime & Government Investigations and also for Healthcare, is a Fellow of the Litigation Counsel of America, and is a faculty member of the American Bar Association’s False Claims Act Mock Trial Institute. Dave represents companies and individuals in investigations, hearings, administrative actions, trials, and enforcement proceedings brought by federal and state agencies, including in the healthcare and life sciences, foreign corruption, export control and sanctions, and financial services industries. Dave also represents businesses and individuals in complex business disputes in court and in arbitration. 

Dave’s practice is built for the courtroom. He has formidable experience leading complex jury trials, bench trials, and other high-stakes adversarial proceedings. Among his notable trials, Dave served as one of the lead trial lawyers in the 53-day federal racketeering trial of the billionaire founder of opioid manufacturer Insys Therapeutics, Inc.—one of the country’s most high-profile healthcare fraud cases. His high-stakes and high-pressure trial experience, practical approach, and use of artificial intelligence tools support streamlined, cost-effective representation. 

False Claims Act and Qui Tam Defense
Dave is a leading False Claims Act defense attorney for healthcare providers, pharmaceutical companies, laboratories, and other entities facing qui tam litigation and government investigations. He defends clients from seal-period investigations through trial. Dave has handled countless Civil Investigative Demands (CIDs), grand jury subpoenas, and search warrants, negotiated FCA settlements avoiding treble (and often double) damages and significant per-claim penalties, and obtained dismissals of qui tam complaints. He also advises on voluntary self-disclosure, non-intervened cases, and compliance strategies to mitigate exposure. His practice spans federal and state False Claims Act matters across the country, including actions under the Massachusetts, Florida, and New York False Claims Acts, anti-patient brokering statutes, and other state whistleblower statutes. 

Healthcare Industry Experience
In the healthcare industry, Dave defends providers, device manufacturers, medical practices, payors, hospital systems, recovery treatment centers, sober homes, pharmaceutical distributors and manufacturers, and executives. He also provides compliance and regulatory advice to pharmaceutical, life sciences, device, laboratory, pharmacy, electronic health record, insurer, and provider clients. 

Trial Counsel Services
Dave approaches each matter trial-ready, with a trial plan and a parallel focus on mediation or favorable settlement where appropriate. He also serves as experienced trial counsel or co-counsel in criminal and civil matters shortly before trial when settlement is unlikely and a jury or bench trial is imminent. 

COVID-19 Government Funding
Dave has considerable experience with COVID-19 government funding, including PPP, EIDL, the Main Street Lending Program, and Provider Relief Funds. He defends individuals and advises companies in civil and criminal matters involving the application for, receipt, and disposition of COVID-19 related funds, including the government’s application of the affiliated entities/employee count rules and entity classification. He has negotiated favorable resolutions for companies facing formal and informal Department of Justice inquiries regarding first- and second-draw PPP loans. 

Civil and Criminal Asset Forfeiture and Financial Penalty Defense
Dave defends federal asset forfeiture matters under Title 18 (CAFRA) and Title 19 (Customs) of the United States Code. He challenges administrative seizures of all sizes by the DEA, ATF, CBP, and other federal agencies, prepares claims and verified complaints, and litigates civil forfeiture actions through discovery and trial when necessary. In criminal cases, Dave works to minimize forfeiture and other financial penalties, including restitution and fines. 

International Trade, Sanctions, and National Security
Dave advises and defends companies and individuals in sanctions (OFAC), export controls (ITAR and EAR), IEEPA, national security, OFAC, and BIS matters. He also has deep experience with the FCPA, money laundering, public corruption, and high-stakes financial penalties, including pre-trial restraint and seizure of complex assets and cryptocurrency. 

Additional Practice Areas
Dave has experience in cybersecurity and privacy, including business email compromise (BEC) matters, and received specialized DOJ training in computer crimes and intellectual property. He has handled SEC and CFTC matters involving market manipulation, alleged pump-and-dump schemes, and insider trading and defends state Attorney General consumer protection actions, including before the Massachusetts Attorney General and under Chapter 93A. As a member of the Criminal Justice Act (CJA) panel in the District of Massachusetts, Dave also serves as appointed defense counsel for indigent defendants. 

The Prosecutor's Perspective - An Advantage for the Defense
Dave’s defense practice is sharpened by an insider’s understanding of how the government builds, investigates, and tries cases. Before private practice, he spent more than 16 years as a prosecutor and trial lawyer, including nearly a decade as an Assistant United States Attorney in Massachusetts and Florida. In Boston, he held a senior leadership role and handled major civil and criminal healthcare and white-collar cases involving pharmaceuticals and opioids, pharmacies, charitable co-pay foundations, hospitals, physician practices, insurers, reimbursement, durable medical equipment, and telemedicine. He also supervised asset forfeiture and financial litigation teams at the U.S. Attorney’s Office in Boston. Dave now uses that experience for clients by anticipating government strategy, identifying weaknesses, and positioning matters for declination, negotiated resolution, or trial. 

Education

  • Seton Hall University School of Law, J.D., magna cum laude, Dean's Merit Scholar (2005)
  • Colgate University, B.A. (2000)
     

Bar and Court Admissions

BAR ADMISSIONS
  • Massachusetts
  • Florida
  • New York
COURT ADMISSIONS
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the District of Vermont
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Eleventh Circuit

Experience

False Claims Act and Qui Tam Defense
  • Won dismissal of False Claims Act complaint against wound care company.
  • Negotiated favorable settlement (single damages, avoiding treble damages) for a non-profit accused of False Claims Act violations in connection with first-draw and second-draw PPP loans.
  • Negotiated a favorable global resolution of civil False Claims Act and criminal liability for nationwide specialty pharmacy chain accused of federal healthcare offenses.
  • Advised academic medical center in defense of federal False Claims Act investigation into alleged research grant fraud.*
  • Defended home health agency in False Claims Act investigation into second-draw PPP loan funds, including responding to Civil Investigative Demands (CIDs) and written interrogatories.
  • Defended physician in connection with False Claims Act investigation involving Durable Medical Equipment (DME) and alleged violations of the federal Anti-Kickback Statute (AKS).*
  • Defended an alternative energy supplier against Massachusetts False Claims Act allegations brought by the Massachusetts Attorney General. Successfully negotiated a favorable consent decree.*
  • Defended compound pharmacy manufacturer against criminal and civil investigations conducted by the Department of Justice and the Food and Drug Administration (FDA), including alleged violations of the False Claims Act. Successfully negotiated a consent decree and declination of criminal charges.*
  • Defended genetic testing manufacturer in non-intervened qui tam litigation after the Department of Justice declined to intervene and the relator continued to pursue the civil action.
  • Defended large insurance company against False Claims Act investigation directed by the New York State Attorney General's Office (NYAG).
  • Advised several universities regarding the False Claims Act, Executive Orders (including EO 14173), and rapidly evolving DEI certification requirements. 
Government Investigations and Criminal Defense
  • Obtained dismissal of felony criminal charges and negotiated a rare misdemeanor plea bargain (including no-jail sentence) for the CEO of a telemedicine company accused in a federal indictment of sweeping healthcare fraud and related offenses.
  • Successfully negotiated a rare misdemeanor resolution for an executive under federal investigation for alleged felony offenses, including wire fraud, price gouging, and other federal criminal offenses related to the sale of personal protective equipment (PPE) during the COVID-19 lockdown.
  • Defended the CEO of multiple Durable Medical Equipment (DME) companies against federal criminal investigation resulting in no charges.
  • Defended the CEO of a genetic testing laboratory in connection with multi-jurisdictional DOJ investigation.
  • Defended the CEO of a marketing company under criminal investigation by DOJ in multiple jurisdictions relating to alleged violations of the Anti-Kickback Statute (AKS) and the Eliminating Kickbacks in Recovery Act (EKRA).
  • Served as sentencing counsel and assisted individual convicted of conspiracy to commit healthcare fraud with sentencing and financial penalties, including asset forfeiture and restitution.
  • Represented innocent family members of a convicted defendant and helped protect their rights during a lengthy and contested federal asset forfeiture proceeding.
  • Represented a company in connection with Department of Justice investigation of allegedly discriminatory hiring practices.*
  • Defended company against investigation conducted by the United States Commodities Futures Trading Commission (CFTC).*
  • Defended several public officials in connection with Department of Justice public corruption investigation.*
  • Defended senior executive against allegations related to the Foreign Corrupt Practices Act (FCPA).*
  • Defended medical professional against federal investigation of human trafficking.*
  • Defended individual accused of Twitter (X)-related market manipulation by the United States Securities and Exchange Commission (SEC).*
  • Defended senior executive indicted for Paycheck Protection Program (PPP) loan fraud.*
  • Defended real estate executive indicted for wire fraud and other offenses. Successfully obtained a favorable plea agreement and a significant departure from the United States Sentencing Guidelines.*
  • Obtained statutory immunity for individual in connection with DOJ grand jury investigation.
Healthcare Compliance Advice and Regulatory Defense
  • Defended pharmaceutical distributor against allegations by the DEA of violating the federal Controlled Substances Act and related regulations. Successfully negotiated a memorandum of agreement (probation) with no fine or penalty.
  • Defended pharmaceutical distributor against allegations by the Massachusetts Board of Pharmacy related to the distribution of controlled substances. Successfully negotiated a term of probation without financial penalty.*
  • Conducted internal investigation at long-term care pharmacy and provided compliance guidance to company management and the Board of Directors.*
  • Provided compliance and regulatory advice to multiple outpatient rehab facilities and sober homes (recovery houses).
  • Provided compliance and regulatory advice to European DME company looking to enter the United States market.*
  • Provided compliance and regulatory advice to numerous pharmaceutical manufacturers in connection with pre- and post-market activities, sales and marketing, overall compliance, and in particular, compliance with the Anti-Kickback Statute (AKS) and utilization of AKS safe harbors.
  • Provided guidance to neurotechnology company in connection with the safe harbors to the Anti-Kickback Statute (AKS) and consulting agreements.
  • Provided guidance to electronic health vendor in connection with provider enrollment agreements, pricing, and overall compliance with the Anti-Kickback Statute, the Stark Law, and other state and federal regulations.
  • Advised company in connection with potential financial irregularities and receipt of targeted phishing attack, including direction of an internal forensic audit and cyber breach investigation.
Commercial and General Litigation
  • Represented at trial a commercial landlord seeking to enforce a significant guarantee of a commercial lease. Obtained complaint trial victory for the Client, including full monetary damages, pre-and-post judgment interest, and an award directing the opposing party to pay and reimburse the Client's legal expenses. 
  • Represented a multi-national e-commerce company in litigation with a supplier. 
  • Represented a cannabis company in multi-day confidential arbitration proceedings related to a significant financial dispute with its landlord.
  • Represented a cannabis company in a dispute relating to the enforcement of a purchase and sale agreement. Successfully assisted in negotiating a pre-litigation, mutually beneficial, resolution. 
  • Defended national insurance company in consumer protection action, including during discovery and during a lengthy bench trial against civil complaint brought by the Massachusetts Attorney General alleging violations of Massachusetts Chapter 93A through deceptive advertising and deceptive sales practices. Conducted lengthy bench trial in the Business Litigation Session of the Massachusetts Superior Court.
  • Defended health insurer in payment dispute litigation with out-of-network provider group. Responded on behalf of the client with a robust counterclaim alleging fraud and other serious misdeeds by the out-of-network provider group. Negotiated favorable resolution.
  • Represented commercial landlord in high-value lease guaranty enforcement action, including multi-day bench trial in Massachusetts Superior Court.
  • Defended cannabis company in confidential arbitration regarding an ongoing significant lease dispute with landlord. Presented robust counterclaim against the landlord alleging multiple breaches of contract and raised other important defenses.
  • Represented food manufacturer against threatened class action based on allegedly mislabeled product packaging.*
  • Defended individuals against litigation alleging unjust enrichment, fraud, constructive trust, fraudulent conveyance, and promissory estoppel.
  • Represented plaintiff in federal litigation seeking a Temporary Restraining Order (TRO) and Permanent Injunction (PI) to prevent state agency from implementing new Medicaid regulations.
Civil Forfeiture and Financial Penalty Defense
  • Represented claimant in civil forfeiture litigation seeking release and return of bitcoin and other cryptocurrencies seized by the federal government. 
  • Served as specialty co-counsel for financial penalties in defense of a corporate executive with significant assets awaiting federal sentencing for fraud and related offense. Negotiated favorable asset forfeiture and restitution agreement and an asset liquidation agreement with scheduled payment plan to resolve uncertainty caused by the government’s efforts to collect restitution and assets for forfeiture. 
  • Represented individual in negotiations with U.S. Attorney’s Office regarding collection of financial penalties after he served a lengthy jail sentence.*
  • Successfully convinced the U.S. Attorney’s Office to forego restitution in a criminal action by arguing against the application of the Mandatory Victims Restitution Act (MVRA - 18 U.S.C. §3663A) and the Discretionary Restitution Act (18 U.S.C. §3663).
  • Consulted on criminal asset forfeiture aspects of criminal defense where the prosecutor sought to forfeit an individual’s primary residence. 
International Trade and National Security
  • Defended individual under federal indictment for alleged violations of the sanctions against Russia.*
Matters marked with an asterisk (*) were handled at a prior firm.

PROFESSIONAL EXPERIENCE
  • Foley Hoag LLP, Partner, Boston, Massachusetts. 
  • United States Attorney’s Office, District of Massachusetts, Boston — Assistant United States Attorney, Civil and Criminal Divisions; Health Care Fraud Unit Chief; Asset Recovery and Asset Forfeiture Units. 
  • United States Attorney’s Office, Middle District of Florida — Assistant United States Attorney, Criminal Division. 
  • Bronx District Attorney’s Office, New York — Assistant District Attorney; Gang, Major Case & Homicide Bureau; Trial Bureau; Grand Jury Bureau; Criminal Court Team Leader. 

Honors & Involvement

HONORS
  • Best Lawyers: Litigation - Healthcare (2027)
  • Massachusetts Super Lawyers: White Collar (2026)
  • Chambers USA ranked, Litigation: White-Collar Crime & Government Investigations
  • Chambers USA ranked, Healthcare
INVOLVEMENT
  • Law360 Massachusetts Editorial Board Member (2025)
  • Fellow, Litigation Counsel of America
  • Faculty, American Bar Association False Claims Act Mock Trial Institute

Speaking Engagements

  • Panelist, "Enforcement Trends and Litigation Risks in Life Sciences - 2025 and Beyond," Foley Hoag's Boston Life Sciences Summit (October 2025)
  • Faculty, ABA False Claims Act Mock Trial Institute, Washington DC (October 2024)
  • Panelist, "White Collar Crime, Sentencing, Forfeiture & Restitution," District of Massachusetts CJA Training (February 2023)
  • Judge, American Mock Trial Association, Chestnut Hill Regional Tournament, Boston College (February 2023)
  • Guest, College Admissions Sentencing, Dan Abrams Live, NewsNation (January 2023)
  • Panelist, "The Successful Prosecution of the Executives of Insys Therapeutics," Florida Bar Association (December 2022)
  • Guest Speaker, Seton Hall University School of Law Health Care Fraud Seminar (Annually 2022-2024)
  • Panelist, "Federal and State Enforcement and the Opioid Crisis," Healthcare Enforcement Compliance Conference (November 2022)
  • Panelist, "False Claims Act Update: Health Care Fraud & Abuse," American Health Lawyers Association (October 2022)
  • Panelist, ABA 32nd Annual National Institute on Health Care Fraud (June 2022)
  • Panelist, "Telehealth Fraud Enforcement Trends and Implementation of Compliance Best Practices" (June 2022)
  • Panelist, "Cryptocurrency and Money Laundering," Boston Bar Association, White Collar Crime Conference (May 2022)
  • Panelist, "Telehealth Enforcement," Health Care Compliance Association: 26th Annual Compliance Institute (March 2022)
  • Panelist, Virtual 22nd Pharmaceutical and Medical Device Ethics & Compliance Congress (Nov. 2021)
  • Panelist, Virtual Compliance Congress for Specialty Products (event) (June  2021)
  • Guest Speaker, DOJ Agent and Investigator Training, Parallel Criminal/Civil Investigations in Health Care (virtual) (June 2021)
  • Guest Speaker, Asset Forfeiture in Health Care Fraud Investigations, FBI Health Care Fraud Agent Training (Webex May 2021)
  • Panelist, Asset Forfeiture Chief’s and Experts Conference, Department of Justice (virtual) (May 2021)
  • Guest Speaker, Seton Hall University School of Law Health Care Fraud Seminar (virtual April 2021)
  • Panelist, "Government Contract Investigations," Federal Bar Association (February 2021)
  • Panelist, "Enforcement During the COVID Era," American Bar Association Health Care Fraud Institute (virtual November 2020)
  • Panelist, "Government Enforcement Trends," 21st PCF Annual Pharmaceutical and Medical Device Ethics & Compliance Congress (virtual November 2020)
  • Panelist, "Parallel Criminal and Civil Investigations," DOJ (Webex June 2020) (approximately 1,000 attendees)
  • Speaker, "Prosecuting Corporate Executives," FBI Health Care Fraud Agent Training (Webex June 2020)
  • Speaker, "Prosecuting Corporate Executives," DOJ Health Care Fraud Strike Force Training (Webex May 2020)
  • Speaker, Department of Justice 2020 Opioid Summit, Washington, D.C. (March 2020)
  • Regularly presented on various topics at Criminal and Civil Division Meetings at the United States Attorney’s Office
  • Moderator, Department of Justice Civil Division Chief Conference, Columbia, SC (Feb. 2020)
  • Panelist, "Complex Multi-Defendant Litigation," Boston Bar Association White Collar Crime Conference (January 2020)
  • Speaker, Department of Justice Fraud Section Annual Conference, Washington, DC (November 2019)
  • Guest Speaker, "Courtroom Technology at Trial," United States Attorney’s Office, District of Maine, All-Hands Retreat, Rockport, Maine (September 2019)
  • Guest speaker, Harvard Summer School, The Opioid Epidemic (July 2019 & July 2020)
  • Guest speaker, United States Marshals Service Asset Forfeiture Financial Investigator Training, Orlando, FL (May 2019)
  • Guest speaker, City Police Chiefs, Everett, MA (January 2019)
  • Guest Speaker, Asset Forfeiture, Boston CJA and Private Counsel Training, (Fall 2018)
  • Guest speaker, International Association of Financial Crime Investigators (IAFCI), Canton, MA (Fall 2017)
  • Guest lecturer, Financial Fraud Investigations Course, Southwest Florida Public Safety Academy, Fort Myers, Florida