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Adam R. Tarosky
Partner / Leader, False Claims Act Team
Introduction
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 healthcare providers, defense contractors, and federal program beneficiaries. 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 regulatory compliance counsel; represents clients facing administrative sanctions like debarment, exclusion, and suspension; guides healthcare providers through medical record reviews and program integrity audits; and maintains an extensive general commercial litigation practice.
My focus
I represent clients in heavily regulated industries, including healthcare, defense contracting, and financial services facing government investigation and litigation under the False Claims Act, Anti-Kickback Statute, Provider Self-Referral Law, Civil Monetary Penalties Law, Food Drug and Cosmetics Act, and Federal Acquisition Regulation.
False Claims Act Compliance And Defense
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 and subpoenas, 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, discovery, and trial. Throughout such representations, I identify and strategically guide clients through potentially parallel administrative and criminal liability.
Advocacy Before Government Agencies And Inspectors General
In addition to my FCA compliance and defense practice, I regularly advocate before government agencies, including the Department of Health and Human Services Office of Inspector General, 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.
Navigation Of Government Investigations Using Insider’s Instincts
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 a renowned 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.
Trial Advocacy
Throughout my career, I have tried or assisted in trying dozens of civil and criminal cases, including a seminal consumer fraud matter involving average wholesale pharmaceutical pricing. I took numerous other cases to the brink of trial, including FCA cases involving allegedly unnecessary hospital admissions and fraud on a state Medicaid agency’s sole community provider program.
Representative experience
- Obtained the dismissal with prejudice of a qui tam action concerning the manufacture of metal-on-metal hip implants in accordance with FDA expectations, and persuaded the Court of Appeals for the First Circuit to affirm the dismissal
- Obtained the dismissal, following motions practice, of qui tam action against academic medical center concerning acquisition of capital equipment on terms that allegedly implicated kickback prohibitions
- Secured the closure, without action by the government, of FCA investigation of Nasdaq-listed non-emergency medical transportation broker concerning minority-owned business provisions in agreements with Commonwealth of Pennsylvania
- Secured the closure, without action by the government, of FCA investigation of nurse practitioner accused of prescribing, via telemedicine, medically unnecessary durable medical equipment, including neck and back braces
- Secured the closure, without action by the government, of FCA investigation of ophthalmology practice concerning Lucentis® and Eylea® injections for wet macular degeneration
- Secured the closure, without action by the government, of investigation of spinal implant salesperson concerning alleged kickbacks and physician-owned distributorship arrangements
- Secured the closure, without action by the government, of investigation of global manufacturer by the DOJ and the United States Agency for International Development under forced labor laws
- Negotiated favorable settlement of FCA investigation and qui tam action concerning Medicare coverage of electro-acupuncture devices (including P-STIM® and NeuroStim System® devices)
- Obtained favorable settlement, following motions practice, of action by credit union against customer for alleged Automated Clearing House fraud
- Assisted Federal Aviation Act, Part 135 passenger air carriers with Payroll Support Program compliance and Paycheck Protection Program loan forgiveness
- Representing large health system in FCA investigation concerning electronic health record donations and physician relationships
- Representing office-based opioid treatment provider through FCA investigation concerning urine drug testing
- Representing home healthcare agency in appeal of audit by OMIG, the New York Office of the Medicaid Inspector General
- Representing non-emergency medical transportation broker in audit by Qlarant, a Medicare Uniform Program Integrity Contractor
- Representing novel medical device manufacturer in requesting advisory opinion from the Department of Health and Human Services Office of Inspector General
- Defended 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 DOJ and Securities and Exchange Commission, which was concluded without charge
- Represented former Attorneys General of Idaho in preparing amicus curiae brief in support of transgender woman excluded by Idaho law from participating on women’s sports teams
- Obtained asylum for dozens of refugees from Cameroon, Burundi, Ukraine, and Afghanistan
Looking ahead
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 $72 billion. At the same time, 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 296 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.
Insights
- “Conducting an Ethical Internal Investigation: Relators' Counsel, Enjoy the show as Defense, In-House, and Government Counsel discuss this complex topic,” ABA’s 2024 Civil False Claims Institute virtual conference, June 5, 2024
- “Qui Tam Section: The DOJ’s Cyber-Fraud Initiative: Early Takeaways,” Federal Bar Association Webinar, July 12, 2023
- “Insider's Views: Ensuring Telehealth Program Integrity,” ATA2023 Annual Conference & Expo, March 5, 2023
- “Advanced Forum on False Claims and Qui Tam Enforcement,” ACI's 10th Annual Advanced Forum, New York, NY, January 23-24, 2023 (Distinguished Conference Co-Chair)
- “Strategies in Evaluating and Pursuing Medicare Part C and Medicaid Managed Care Cases—Falsity and Damages,” Federal Bar Association's 2022 Qui Tam Conference, Webinar, February 25, 2022
- “FCA Litigation: Leveraging Statistical Sampling and Extrapolation to Prove or Disprove Liability” Strafford CLE Webinar, July 28, 2021
- “A look forward: The Biden administration enforcement priorities—DOJ and DHS,” Nixon Peabody CLE Week, Webinar, March 17, 2021
- “Final Changes to Stark Law and Anti-Kickback Statute Regulations: What Your Organization Needs to Know,” Nixon Peabody, Webinar, January 6, 2021
- “Solutions for CARES Act Fund Recipients,” Nixon Peabody, Webinar, October 29, 2020
- “Long-Term Care Facility Infection Control Enforcement: Increased Government Scrutiny and Penalties,” Strafford CLE Webinar, September 17, 2020
- “Keys for Resolving Qui Tams: 10 Tips on Cooperation, Compliance, and Client Management from a Former DOJ Fraud Prosecutor,” Florida Bar Continuing Legal Education Committee and the Health Law Section's conference, Tampa, FL, January 31, 2020
In the news
- Government Contracting Law Report
Wisconsin Bell and the False Claims Act
Oct 17, 2024Government Investigations & White-Collar Defense practice leader Rob Fisher of Boston, partner Adam Tarosky of Washington, DC, and associate Jarrad Kirsh of Boston and Washington, DC Complex Disputes counsel Brian Hill contributed this article, discussing a case pending before the US Supreme Court that will determine whether requests to the E-Rate program count as claims under the False Claims Act.
- Fox 5 DC
Fox live zone
Oct 4, 2024Washington, DC Government Investigations & White-Collar Defense partner Adam Tarosky joins this program to discuss NP’s sponsorship and participation in the Leukemia and Lymphoma Society’s (LLS) Light the Night Walk and its direct connection with the firm’s social impact initiatives. Adam is a member of the LLS executive committee.
- Bloomberg Law
US intensifies drug discount debate in latest Regeneron lawsuit
April 12, 2024This article covers how new Justice Department allegations that Regeneron Pharmaceuticals Inc. artificially inflated Medicare reimbursement rates on its Eylea drug could trigger similar complaints at other pharmaceutical manufacturers. Washington, DC Government Investigations & White-Collar Defense partner Adam Tarosky, leader of the firm’s False Claims Act team, discusses whether this may be just the tip of the iceberg of a coming wave of average sales price litigation.
- Reuters
J&J secures dismissal of whistleblower case over misuse of confidential info
June 1, 2023This article covers the US Court of Appeals for the First Circuit affirming a district court’s dismissal of a False Claims Act case against DePuy Orthopaedics, DePuy Inc., and Johnson & Johnson related to hip replacement devices. The story mentions NP for representing the defendants in the case, with the team including Washington, DC Government Investigations & White-Collar Defense partner and False Claims Act team leader Adam Tarosky, and Boston GIWC partners Mark Seltzer and Hannah Bornstein, GIWC deputy practice leader.
- Bloomberg Law
Contrast dye maker, providers escape suit over free equipment
Dec 28, 2022This article, which covers the dismissal of a lawsuit against medical device maker Bracco USA Inc. and several healthcare providers over an alleged scheme involving free medical equipment, mentions NP for representing one of the providers in the case (NYU Langone Health System Inc.). The NP team includes Long Island Healthcare partners Lindsay Maleson and Rebecca Simone, and Government Investigations & White-Collar Defense partner Adam Tarosky and associate Bobby McManigal, both of the Washington, DC office.
- Bloomberg Law
Truckers, babysitters targeted by feds in pandemic loan cases
Washington, DC Government Investigations & White Collar Defense partner and False Claims Act team leader Adam Tarosky is quoted in this article on the government’s use of the FCA to target alleged Paycheck Protection Program fraud. Adam notes that the government has been initially pursuing the more egregious cases under criminal statute because they tend to move faster than civil cases, which Adam anticipates will make up the next wave of COVID-19 fraud enforcement.July 11, 2022 - Bloomberg Law
Justices to clarify DOJ power to end whistleblower suits
Washington, DC Government Investigations & White-Collar Defense partner and False Claims Act team leader Adam Tarosky is quoted in this roundup of reactions to the U.S. Supreme Court reviewing whether a whistleblower’s lawsuit—alleging that Executive Health Resources defrauded Medicare—should have proceeded despite opposition from the Justice Department.June 21, 2022 - Pratt’s Government Contracting Law Report
First circuit adds to circuit split over governments dismissal of False Claims Act litigation
Government Investigations & White-Collar Defense partners Hannah Bornstein and Brian French, of the Boston office, and Adam Tarosky, of the Washington, DC office, co-authored this article covering a circuit court ruling that offers a new standard of review for the government’s dismissal of False Claims Act whistleblower claims.June 10, 2022 - The Banking Law Journal
Whistleblower-initiated FCA investigation highlights risks to PPP borrowers, other pandemic relief beneficiaries
A cross-practice team contributed this article covering the first False Claims Act settlement over Paycheck Protection Program funds that arose from a whistleblower complaint, and it offers insight on the implications of this action for other beneficiaries of coronavirus relief. The NP team comprises Government Investigations & White-Collar Defense practice group leader and Manchester partner David Vicinanzo; Washington, DC partner Adam Tarosky, and Chicago partner Christopher Hotaling, both of the GIWC group; Boston Complex Commercial Disputes partner Morgan Nighan; and New York Financial Restructuring & Bankruptcy partner Robert Christmas.Dec 13, 2021 - Law360
J&J hip implant FCA case tossed over secret info use
This article covers a significant litigation win, in which a federal judge dismissed a nearly decade-long False Claims Act lawsuit against Johnson & Johnson entities over allegedly defective hip replacement devices, noting that two whistleblower physicians used confidential information in their complaint. The article mentions Boston partners Mark Seltzer and Hannah Bornstein and associate Colin Missett, and Washington, DC partner Adam Tarosky—all of the Government Investigations & White-Collar Defense group—for representing J&J and its related entities.Dec 8, 2021 - Bloomberg Law
Grassley Bill Aims to Slow DOJ's Pushback on Whistleblower Suits
This article analyzing Senator Chuck Grassley’s proposed False Claims Act bill quotes Washington, DC Government Investigations & White-Collar Defense partner Adam Tarosky on how the proposed amendments could have a chilling effect on DOJ dismissal motions.Aug 2, 2021 - Bloomberg Law
Grassley moves to stop contractors from holding U.S. 'hostage'
Washington, DC Government Investigations & White-Collar Defense partner Adam Tarosky is quoted in this article analyzing Senator Chuck Grassley’s proposed False Claims Act bill, noting that some of the proposed changes could run afoul of the Due Process Clause.July 29, 2021 - Modern Healthcare
Supreme Court won't weigh in on False Claims Act standards case
This article on the U.S. Supreme Court’s denial of two petitions to clarify falsity thresholds under the False Claims Act quotes Washington, D.C. Government Investigations & White Collar Defense partner Adam Tarosky for his outlook on how the denial could make it harder for providers to dismiss health care cases.Feb 22, 2021 - Modern Healthcare
Hospitals See Opportunity, Risk in Ambulatory Surgery Centers
This article on the increasing trend among hospitals to invest in ambulatory surgery centers extensively quotes Los Angeles Health Care partner Jill Gordon and Washington, D.C. Government Investigations & White-Collar Defense partner Adam Tarosky for their outlook on the Department of Health and Human Services’ updated anti-kickback statute, joint ventures among hospitals and ASCs, and a hospital’s ability to attract and retain top surgeons.Jan 25, 2021 - KIFI/KIDK News – Idaho
Former AG's file friend-of-the-court brief
This article covers an amicus brief filed with the Ninth Circuit Court of Appeals by three former Idaho attorneys general, detailing why Idaho House Bill 500—which bars transgender women and girls from participating in school sports and subjects all women and girl athletes to the threat of invasive testing—is unconstitutional. In addition to the former AGs, more than 175 athletes joined Athlete Ally and the Women’s Sports Foundation in signing a brief, and the National Women’s Law Center and more than 60 other women’s rights and civil rights groups also filed an amicus brief. Los Angeles Intellectual Property partner Seth Levy and Complex Commercial Disputes partner Sarah Erickson André, and Washington, D.C. Government Investigations & White Collar Defense partner Adam Tarosky are representing the former AGs.Dec 22, 2020 - Skilled Nursing News
Increased Nursing Home Data Reporting Could Bring ‘Perfect Storm’ of Federal Lawsuits
This article, covering takeaways from a recent webinar on long-term care facility infection control enforcement, extensively quotes Washington DC Government Investigations & White-Collar Defense partner Adam Tarosky, who provided several best practices for skilled nursing facilities amid increased government scrutiny.Sep 21, 2020 - Corporate Compliance Insights
Managing Risks That Come with Federal Funds
April 17, 2020NP’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.
- Law360
Employers see strings attached in $500B CARES Act relief
April 3, 2020Washington, 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.
- Law360
Top DOJ attorney spotlights main FCA target areas for 2020
This article features Washington, DC, Government Investigations and White Collar Defense partner Adam Tarosky discussing the best approach for Medicare Advantage insurers who may be re-evaluating their chart review programs in the context of possible False Claims Act actions brought by the Department of Justice.Feb 28, 2020 - Bloomberg Law
Nixon Peabody adds ex-ICE director amid white collar swoon
Sep 4, 2019This 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.
- Modern Healthcare
Devicemaker-doctor relationships ripe for fraud litigation
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.Aug 23, 2019 - Reuters Legal
Career Tracker
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.July 15, 2019 - The Washington Post
Washington-area appointments and promotions for July 15
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.July 14, 2019
Admitted to practice
District of Columbia
Pennsylvania
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
Education
Duke University School of Law, J.D., magna cum laude
Pennsylvania State University Schreyer Honors College, B.A.
Professional activities
- American Bar Association, Health Law and White Collar Crime Divisions
- Federal Bar Association, Health Law and Qui Tam Sections
- American Health Lawyers Association
- National LGBTQ+ Bar Association
- Nixon Peabody LGBTQA Resource Group
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2025 in the field of Qui Tam Law and Criminal Defense:White-Collar; listed in Best Lawyers since 2021
- Recommended in The Legal 500 United States 2024 editorial for Corporate investigations and white-collar criminal defense: advice to individuals
- Financial Crimes and Inspectors General Council Award, May 2017
- Recognized by Super Lawyers magazine in Washington DC in 2024; inclusion in Super Lawyers is based on a peer-review survey
- Super Lawyers, Rising Star—2014, 2021
- Certificate of Recognition for Professional Support of Victim Assistance and Sexual Assault Program, County Executive of Montgomery County, Maryland, April 2009
Insights And Happenings
View AllProfessionals in the Practice Area
View AllRobert Fisher
Partner / Practice Group Leader, Government Investigations & White Collar Defense- Boston
- Office:+1 617.345.1335
- rfisher@nixonpeabody.com
-
Hannah Bornstein
Partner / Deputy Practice Group Leader, Government Investigations & White Collar Defense- Boston
- Office:+1 617.345.1217
- hbornstein@nixonpeabody.com
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