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.