John E. Kelly
John Kelly is a former federal prosecutor, an experienced trial attorney and Managing Partner of the firm’s Washington, D.C. office. John represents companies and individuals in internal investigations, government investigations, criminal prosecutions, and civil litigation in matters related to healthcare fraud and abuse (Anti-Kickback Statute and Stark Law), the False Claims Act, the Foreign Corrupt Practices Act (FCPA), the Food, Drug and Cosmetic Act (FDCA), the Federal Acquisition Regulation (FAR), and other regulatory and compliance issues. He also has experience in cases involving procurement fraud, securities fraud, accounting fraud, mail and wire fraud, and money laundering. John’s practice spans across a number of industries with a particular emphasis on healthcare and life sciences. John has been named one of Washington, D.C.’s Super Lawyers.
John had a distinguished career as a federal prosecutor with the Department of Justice (DOJ) where he held a number of leadership positions:
- Assistant Chief for Healthcare Fraud, Criminal Division, Fraud Section – Investigated, prosecuted and supervised healthcare fraud cases nationwide.
- Lead Prosecutor, Medicare Fraud Strike Force, Los Angeles, CA – Directed and supervised agents, prosecutors and investigations.
- Chief of Staff and Deputy Director of the Executive Office for U.S. Attorneys – Worked closely with leadership at the DOJ, U.S. Attorneys’ Offices, HHS-OIG, FBI, DEA, and other agencies.
- Assistant United States Attorney; Western and Northern Districts of New York
Memberships
District of Columbia Bar Association
New York State Bar Association
American Bar Association — Health Law Section, Vice-Chair, Government Attorneys (2018-present)
American Bar Association — Emerging Issues in Healthcare Law Conference Planning Committee, Vice Chair (2012-2015); Health Law Section’s Health Law and Policy Coordinating Committee Liaison for the Fraud and Compliance Interest Group (2012-2013)
American Health Lawyers Association (AHLA) — Fraud and Abuse Practice Group, Lead Coordinator (2014-2016), Conference Planning Committee of the Fraud & Compliance Institute, Member (2015-2016); Fraud and Abuse Practice Group Enforcement Committee, Co-Chair (2013-2014)
AdvaMed Medical Technology Learning Institute Advisory Council
Representative Experience
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Obtained a jury trial victory on six of seven counts for the former vice president of Pilot Flying J who, along with three others, was accused of seeking to defraud customers
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Represented a large hospital system and negotiated a favorable settlement with HHS-OIG utilizing the OIG’s Self-Disclosure Protocol. More specifically, our team conducted an internal investigation into possible compliance issues, drafted the disclosure for provision to HHS-OIG, and negotiated the final settlement between the parties resulting in a favorable resolution for the hospital.
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Represented a global healthcare company in relation to an investigation conducted by DOJ and HHS-OIG into alleged violations of the False Claims Act. The alleged false claims involved the manner in which certain negative pressure wound therapy devices were being marketed and distributed as durable medical equipment. Conducted an internal investigation and negotiated a favorable settlement with DOJ, HHS-OIG, and counsel for the relator. No post-settlement oversight was required.
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Represented ArthroCare Corporation in a five-year U.S. Department of Justice investigation into allegations of healthcare and securities fraud resulting in a Deferred Prosecution Agreement and no post-settlement monitoring.
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Represented a group of diagnostic imaging centers in a U.S. Department of Justice and HHS-OIG investigation alleging False Claims Act violations. Negotiated resolution with no post-investigation monitoring or corporate integrity agreement.
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Represented a global healthcare company regarding a drug diversion allegation that controlled substances were inappropriately ordered, secured and dispensed by the company in violation of state and federal law. After conducting an internal investigation into the allegations and meeting with the DEA, the government declined to pursue further action against our client.
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Representing a hospital system in its appeals of RAC denials in Administrative Law Judge and Medicare Appeals Council proceedings
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Conducted global FCPA compliance risk assessment for a publicly traded international medical device company
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Represented a Fortune 500 company in the life sciences industry in an investigation by the U.S. Department of Justice and Securities and Exchange Commission
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Represented a former high-level executive of a major transportation company in relation to a Department of Justice (DOJ) investigation concerning possible procurement fraud.
Publications
Past Events
Media Mentions & Firm News
Accolades
Washington, D.C. Super Lawyers (2013-2018)
Department of Health and Human Services, Office of Inspector General — “Cooperative Achievement Award”
Executive Office for United States Attorneys — “Director’s Award for Superior Performance in Public Service”