The Justice Department's lead health care fraud prosecutor, Kirk Ogrosky, has joined Arnold & Porter's white collar criminal defense and FDA health care practices, a move that comes as the firm beefs up its white collar team.
Ogrosky, a former deputy chief in the Justice Department's Fraud Section, where he had worked since 2006, is joining Arnold & Porter as partner. The firm announced the move today, less than a week after picking up three attorneys from Arent Fox.
At Justice, Ogrosky supervised health care fraud investigations and prosecution around the country, handling matters that involved pharmaceutical and medical device manufacturers, hospitals and home health agencies, among other areas. Ogrosky has prosecuted defendants on a host of charges—from tax evasion and money laundering to kickbacks and false claims.
Ogrosky was responsible for putting together a team of prosecutors and agents in 2006 that focused on fraud in South Florida. Ogrosky worked on the creation of the interagency HEAT initiative—Health Care Fraud Prevention and Enforcement Action Team—that was announced last May. Ogrosky was featured prominently in a 60 Minutes piece last fall about health care fraud prosecution.
In November, Assistant Attorney General Lanny Breuer said in a speech that Justice is turning its sights to the pharmaceutical industry for enforcement of the Foreign Corrupt Practices Act. Breuer and other DOJ officials have said health care fraud prosecution is a priority for the department.
“This is a challenging time for our clients in the healthcare sector,” Arnold & Porter chair Thomas Milch said in a statement. “As regulation and enforcement activities continue to intensify, we want to be in the best position possible to assist them in achieving their business goals. We’re delighted to have Kirk join the firm.”
Ogrosky said in an interview that he’s looking forward to working with Daniel Kracov, who heads the firm’s FDA healthcare group. Kracov in a statement said Ogrosky has "an extraordinary record as a leader and a trial lawyer" and will benefit the firm.
“There’s never been a better time to be a health care fraud lawyer,” Ogrosky said. Ogrosky's experience includes a stint as an assistant U.S. attorney in Florida. Ogrosky had been of counsel with Skadden, Arps, Slate, Meagher & Flom before re-joining the Justice Department in 2006.
Breuer is rebuilding the Fraud Section as several supervisors have left or are planning to leave. In January, Steve Tyrrell, the former section chief, joined the Washington office of Weil, Gotshal & Manges as co-chair of the firm's investigations and criminal defense practice.
Last November, Breuer announced that Davis Polk & Wardwell partner Denis McInerney accepted the post as Fraud Section chief, replacing Tyrrell. Fraud Section trial attorney Hank Walther is expected to take over for Ogrosky as a deputy chief in the Fraud Section.