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Health Care Fraud
Original Program Date :
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Presiding: |
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Joe D. Whitley, Program Co-Chair; Womble Bond Dickinson (US) LLP, Atlanta, GA |
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Brian F. McEvoy, Program Co-Chair; BakerHostetler LLP, Atlanta, GA |
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8:00 |
IN-PERSON REGISTRATION |
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8:30 |
GREETING |
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Julia D. Neighbors, ICLE Director, State Bar of Georgia, Atlanta, GA |
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8:35 |
WELCOME AND PROGRAM OVERVIEW |
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Joe D. Whitley |
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Brian F. McEvoy |
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8:40 |
Part I: A Fireside Chat – Health Care Fraud AND Compliance Issues |
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Moderator: Gabriel L. Imperato, Nelson Mullins Riley & Scarborough, Atlanta, GA |
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Brian F. McEvoy |
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9:25 |
Health Care Fraud: False Claims Act Developments |
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Moderator: Antonia A. Peck, Womble Bond Dickinson (US) LLP, Durham, NC |
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Panelists: |
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Neeli Ben-David, Civil Chief, U.S. Attorney’s Office for the Northern District of Georgia, Atlanta, GA |
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Sara E. Vann, Assistant Attorney General, Georgia Medicaid Fraud Control Unit (MFCU), Norcross, GA |
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Grace W. Zoller, BakerHostetler LLP, Atlanta, GA |
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10:25 |
BREAK |
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10:35 |
An Overview of Georgia Federal & State Healthcare Fraud Enforcement Cases: What to Expect in 2022 and Beyond |
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Moderator: Randy S. Chartash, Chartash Law LLC, Atlanta, GA |
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Panelists: |
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Kevin D. Abernethy, Civil Chief, U.S. Attorney’s Office for the Middle District of GA, Atlanta, GA |
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Neeli Ben-David |
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James P. Mooney, Georgia Bureau of Investigation (GBI), Atlanta, GA |
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Jonathan A. Porter, Assistant U.S. Attorney, U.S. Attorney’s Office for the Southern District of Georgia, Atlanta, GA |
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11:35 |
LUNCH |
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12:35 |
Nursing Home Fraud & Abuse: An Update on Criminal Investigations and Prosecutions |
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Moderator: Lynsey M. Barron, Barron Law LLC, Atlanta, GA |
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Panelists: |
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Stephen H. McClain, Deputy Chief for the Northern District of Georgia, Atlanta, GA |
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Gia Compton, Former Director, Office of the Inspector General Legal Unit, Georgia Department of Community Health, Atlanta, GA |
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James P. Mooney, Georgia Bureau of Investigation (GBI), Atlanta, GA |
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1:35 |
BREAK |
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1:45 |
Stark and Anti‐Kickback Cases: Criminal, Civil, and Administrative Enforcement |
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Moderator: Joe D. Whitley |
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Panelists: |
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Daniel P. Griffin, Griffin Durham Tanner & Clarkson LLC, Atlanta, GA |
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Aaron M. Danzig, Arnall Golden Gregory LLP, Atlanta, GA |
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Emily C. Ward, Smith Gambrell and Russell, LLP, Atlanta, GA |
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2:45 |
A General Counsels Roundtable on Health Care Fraud, Qui Tam Complaints and More |
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Moderator: Kurt R. Erskine, Polsinelli, Atlanta, GA |
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Panelists: |
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Keri Conley, Georgia Hospital Association, Atlanta, GA |
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Timothy Jefferson, Grady Health System, Atlanta, GA |
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Elizabeth M. Leddy, Piedmont Healthcare Inc., Atlanta, GA |
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3:45 |
ADJOURN |
Hon. Joe D. Whitley, Womble Bond Dickinson (US) LLP
Joe Whitley represents clients nationally and internationally in a variety of white collar matters including corporate internal investigations, regulatory enforcement, Foreign Corrupt Practices Act (FCPA) and export controls compliance, corporate compliance, health care fraud and FDA-related matters, securities fraud, criminal antitrust, financial institution fraud, public corruption and campaign finance, and commercial bribery.
In addition to his years of private practice experience, Joe has served in several high-level roles with the Department of Justice (DOJ) and Department of Homeland Security (DHS). During the Ronald Reagan and George H.W. Bush administrations, he served as Acting Associate Attorney General, the third-ranking position at Main Justice. He was also appointed by Presidents Reagan and Bush, respectively, to serve as the U.S. Attorney in the Middle (Macon) and Northern (Atlanta) Districts of Georgia. Throughout his career, Joe served under five U.S. Attorneys General and four Presidents in a number of key operational and policy positions. Earlier in his career, he served as an Assistant District Attorney in the Chattahoochee Judicial Circuit in Columbus, Georgia. Joe maintains strong professional relationships with the state and federal law enforcement community.
In 2003, Joe was appointed by President George W. Bush as the first General Counsel for the Department of Homeland Security (DHS), the highest ranking legal official at DHS. He held that position for two years working for DHS Secretaries Tom Ridge and Michael Chertoff, before returning to private practice.
Joe's white collar practice focuses on corporate defense and representation of clients in complex civil and criminal enforcement matters brought by the DOJ, other federal agencies, state Attorneys General and local prosecutors. He has represented numerous individuals and corporations in major government investigations throughout the US and internationally.
Joe’s practice also includes representation of clients before the Antitrust Division of the DOJ together with State Attorneys General and the Federal Trade Commission. He has represented clients in criminal antitrust cases including price fixing and market allocation matters, and he has participated in compliance training programs for clients including sessions devoted to dealing with worldwide dawn raids.
He is a frequent speaker on white collar, compliance, corporate governance and DHS-related issues.
Homeland Security Experience
- General Counsel for the Department of Homeland Security (DHS), and responsible for providing legal advice to more than 180,000 employees of the Department.
- Responsible for directing and coordinating the creation of a single legal department from the legal departments of the 22 agencies that were combined in the formation of DHS.
- Responsible for supervision of a total of 1,800+ lawyers in agencies, directories, and offices, including attorneys in the following components of DHS (as configured in 2006):
- U.S. Secret Service (USSS);
- U.S. Coast Guard (USCG);
- Transportation Security Administration (TSA);
- U.S. Citizenship and Immigration Services (CIS);
- U.S. Customs and Border Protection (CBP);
- Federal Emergency Management Agency (FEMA);
- Federal Law Enforcement Training Center (FLETC);
- U.S. Immigration and Customs Enforcement (ICE);
- Information Analysis and Infrastructure Protection (IAIP); and
- The Offices for Privacy, Civil Rights and Civil Liberties.
- Responsible for a budget in excess of $10 million in the front office of General Counsel.
- Provided legal assistance to Secretary Tom Ridge and Secretary Michael Chertoff on key legal issues, such as:
- Worked closely with General Counsel counterparts throughout the federal government at the White House, Departments of Justice; State, Treasury, Defense and other agencies to include the coordination of counterterrorism and federal law enforcement initiatives;
- Responsible for responding to frequent Congressional inquiries, and the timely proposal and adoption of hundreds of regulations;
- Provided guidance and input to staff attorneys representing the department in litigation on a variety of matters; and
- Worked closely with the Office of the Inspector General in conducting reviews of various department programs and responding to issues raised by those reviews.
Private Sector Homeland Security Experience
- Assisted in Homeland Security consultation and internal investigations for major U.S. defense contracting company.
- Assist companies with government procurement and contracting issues with DHS.
- Provides counsel to major corporations on public policy and legislative issues, such as:
- Cyber-security and critical infrastructure protection;
- Customs and trade compliance;
- Immigration compliance;
- Laws and regulations affecting all segments of the transportation industry;
- SAFETY Act applications for certification and designation by DHS;
- Chemical Facility Anti-Terrorism Standards (CFATS) implementation;
- Vulnerability assessments for members of the energy sector to include the broad spectrum of environmental regulations.
- Disaster recovery and forward-looking mitigation strategies;
Prosecution Experience
- U.S. Attorney for the Northern (Atlanta) District of Georgia
- Acting Associate Attorney General
- Principal Deputy Associate Attorney General
- Deputy Assistant Attorney General Criminal Division
- U.S. Attorney for the Middle (Macon) District of Georgia
- Assistant District Attorney Chattahoochee Judicial Circuit
Mr. Brian Fenton McEvoy, BakerHostetler LLP
A former federal prosecutor, Brian McEvoy focuses his practice on white collar criminal defense, with an emphasis on healthcare fraud matters. He also handles government and internal corporate investigations, including extensive experience with False Claims Act defense, civil and criminal healthcare fraud, securities fraud, government contracting, Foreign Corrupt Practice Act matters, telehealth compliance and CARES Act and COVID-19 Response investigations.
As Assistant U.S. Attorney, Brian represented the D.O.J. in criminal matters involving healthcare fraud and other economic crimes. He was named healthcare fraud coordinator for the district, overseeing all healthcare fraud investigations and prosecutions. His accumulated healthcare knowledge is of great interest and value to providers and healthcare systems.
Brian is an accomplished litigator who works tirelessly to achieve the best outcomes for his clients. He is a creative and strategic thinker who seeks to resolve problems in the most efficient and professional manner. Brian is well positioned to represent physicians, physician practice groups and other healthcare providers in almost any type of proceeding.
Mr. Kurt Robert Erskine, Polsinelli PC
Former U.S. Attorney Kurt R. Erskine is an experienced litigator who relies on his decades of experience with the Department of Justice to help health care providers, corporations, organizations and individuals navigate complex government investigations and high-stakes civil and criminal litigation. Kurt has successfully tried dozens of federal jury trials to verdict and handled hundreds of cases during his federal career.
Kurt focuses his practice on internal and government investigations, white-collar defense and complex litigation with an emphasis on health care litigation and False Claims Act defense. He represents corporations, organizations and individuals in civil and criminal lawsuits and investigations involving allegations of financial and health care fraud, public corruption, securities fraud, money laundering, the False Claims Act and the Foreign Corrupt Practices Act.
With over 20 years of experience as a federal prosecutor, Kurt served as U.S. Attorney for the Northern District of Georgia, overseeing all federal criminal prosecutions and federal government civil litigation in his district. As the U.S. Attorney, he led a staff of over 100 criminal and civil prosecutors, a professional staff of over 130, partnered with approximately 300 law enforcement agencies, and was responsible for one of the largest districts in the United States.
During his tenure with the Department of Justice, Kurt served in a variety of leadership positions, including as the First Assistant United States Attorney, the Chief of the Public Integrity and Special Matters Section and the Health Care Fraud Coordinator. In these roles, he prosecuted some of the most sensitive and high-profile matters in the district, including cases involving allegations of complex financial and health care fraud and kickbacks, public corruption, money laundering, controlled substance diversion, and national security.
Prior to joining the Department of Justice, Kurt was in private practice and focused his work on health care litigation and health care compliance.
Ms. Grace Whitney Zoller, U.S. Attorney's Office, Western District of Washington
Grace Zoller focuses her practice on white-collar criminal defense, government and internal corporate investigations, and complex civil litigation. Grace defends individuals, executives, physicians and companies in high-stakes investigations brought by the U.S. Department of Justice, U.S. Attorney’s offices, the Department of Health and Human Services Office of Inspector General, U.S. House of Representatives and other government agencies. She has significant experience in defending matters related to health care fraud, the Anti-Kickback Statute (AKS), the False Claims Act (FCA), the Foreign Corrupt Practices Act (FCPA), public corruption, money laundering, COVID-19 and CARES Act related fraud, telemedicine non-compliance and financial fraud.
Mr. Randy Scott Chartash, Chartash Law LLC
Before starting his own law firm, Randy served as Chief of the White Collar Section and Assistant United States Attorney for the United States Attorney's Office for the Northern District of Georgia, where he personally investigated and prosecuted numerous complex white collar criminal cases involving corporate fraud, embezzlement, public corruption, insider trading, tax evasion computer hacking the theft of intellectual property and trade secrets, foreign corrupt practices act, bank fraud and health care fraud.
Mr. Chartash has extensive experience defending individuals and companies against allegations relating to every significant area of white collar crime. These include fraud, antitrust and securities improprieties, international trade and breaches of the Foreign Corrupt Practices Act, government contracts, health care and environmental crimes, and internal and regulatory investigations. Mr. Chartash brings an understanding of the prosecution and enforcement function gained through service in senior positions in the Department of Justice in the United States Attorney's office. His experience includes the successful prosecution and defense of dozens of criminal jury trials.
Mr. Chartash has represented healthcare providers faced with fraud and abuse enforcement actions by the government and litigation stemming from those enforcement efforts. Mr. Chartash has unparalleled experience handling complex healthcare fraud matters He brings the knowledge of having worked inside the government providing great insight into how HHS-OG US Department of Justice and the various State Attornevs General offices think about fraud and abuse in healthcare and the strategies they use to pursue these cases.
Mr. Chartash helps clients strategically respond to fast-moving crises including data breaches and trade secret thefts. As a federal prosecutor and a Chief at the U.S. Attorney's Office, he worked with the FBI and Secret Service to investigate g1obal cyber threats, state-sponsored cyber intrusions and cases involving over 100 data breaches.
Randy Chartash represents individuals and organizations when they become entangled in investigations of official misconduct. Sometimes these clients are themselves officials who are accused of acting improperly. At other times, Mr. Chartash has represented third partied who stand accused of improperly influencing government officials and witnesses who seek the advice of counsel during the course of a criminal investigation. Whatever the context, Mr. Chartash carries a deep knowledge of the legal and practical steps necessary to mount a successful defense to the investigation or to help our clients avoid entanglement in such criminal investigations or prosecutions. Mr. Chartash brings not only his experience and legal acumen, but also a sensitivity to the collateral issues that may arise in such investigations.
Mrs. Lynsey Morris Barron, Barron Law LLC
Lynsey Barron is criminal defense attorney and principal at Barron Law LLC in Atlanta. From 2015-2019, she was an Assistant United States Attorney, prosecuting complex white-collar crimes and crimes involving public integrity and corruption. Before starting her own law practice in August 2022, she was a partner Miller & Martin, where she led the firm's white collar criminal defense practice. She was in-house counsel for United Parcel Service (UPS), where she managed compliance, investigations, data privacy, and cyber security. She began her law career in Jones Day's Atlanta office practicing white collar criminal defense and commercial litigation.
Lynsey is also a Visiting Assistant Professor of Practice at Emory University School of Law where she teaches courses on Federal Criminal Practice, Sentencing Law and Policy, and White-Collar Crime. She clerked for Judge Beverly B. Martin on the Eleventh Circuit Court of Appeals.
Before becoming an attorney, Lynsey had a career in politics. She was a Legislative Assistant for a member of the U.S. House of Representatives, and she also served as the Staff Director for the Congressional Caucus for Women’s Issues. She was a federal lobbyist for several years focusing on education, health care access, and civil rights issues.
Ms. Neeli Ben-David, US Attorneys Office
Neeli Ben-David currently serves as the Chief of the Civil Division as well as Health Care Fraud Coordinator and eLitigation Coordinator with the U.S. Attorney’s Office for the Northern District of Georgia. During her tenure at the U.S. Attorney’s Office, she has received the Director’s Award for Contributions that Enhance the Missions of the Executive Office for the United States Attorneys and United States Attorneys’ Offices, and a Special Act Award from the Executive Office for the United States Attorney for work as co-chair of the eLitigation Working Group, as well as the U.S. Attorney’s Award in 2011, 2013 and 2017.
Prior to coming to the U.S. Attorney’s Office, Neeli was with the firm of Bondurant, Mixson & Elmore and, before then, served as a law clerk to the Honorable John G. Heyburn, II, U.S. District Court for the Western District of Kentucky. She graduated from the University of Pennsylvania Law School, cum laude. While there, she served on the Law Review and Moot Court Board. She received her bachelor’s degree from the Johns Hopkins University in Baltimore, Maryland with general and departmental honors.
Mr. James Philip Mooney, Georgia Department of Law
Jim serves as the Deputy Attorney General of the Medicaid Fraud Division. In this capacity, Jim oversees the Division’s criminal and civil enforcement efforts related to fraud committed upon the Georgia Medicaid program. The Division also investigates and prosecutes incidents of abuse, neglect, and exploitation committed against some of Georgia’s most vulnerable citizens.
He joined the Office of the Attorney General in 2013. Since that time, Jim has prosecuted criminal healthcare fraud matters at both the state and federal level, including multiple jury trials.
He has served as a Special Assistant U.S. Attorney in all three of Georgia’s federal districts. Jim also has extensive experience investigating and litigating civil matters brought under the Georgia False Medicaid Claims Act. Jim's been a part of state initiatives including the opioid response taskforce and the elder justice roundtable. He's served as a trainer for multiple events sponsored by the National Association of Medicaid Fraud Control Units.
Jim earned his bachelor's degree in Economics from the University of Notre Dame in 2005 and a law degree from the University of Georgia School of Law in 2009.
Mr. Daniel P. Griffin, Griffin Durham Tanner & Clarkson LLC
Mr. Aaron Mitchell Danzig, Arnall Golden Gregory LLP
Aaron is a partner and chair of the Government Investigations practice and member of the Hospitals & Health Systems industry team at Arnall Golden Gregory LLP. He represents individuals and companies in white-collar criminal defense and business and intellectual property litigation. He also represents healthcare providers and government contractors in False Claims Act cases. Previously, Aaron was an Assistant United States Attorney in the U.S. Attorney’s Office for the Northern District of Georgia. As a federal prosecutor, he investigated and prosecuted both domestic and international white-collar criminal fraud cases. Prior to becoming a lawyer, Aaron was a public-school teacher in Louisiana, where he also coached a state-championship high school wrestling team. He is a graduate of Harvard University and Georgetown University Law Center.
Mr. Timothy Jefferson, The Fulton DeKalb Hospital
Timothy Jefferson joined Grady in 1998 as the health system’s general counsel. In addition to his general counsel role, Timothy has served Grady as chief operating officer from 2001 to 2003 and interim president and CEO in 2007.
Jefferson holds a Bachelor’s Degree in Political Science and a Juris Doctorate from Columbia University Law School. He is a graduate of Leadership Atlanta and a member of the American College of Healthcare Executives, the National Association of Health Services Executives, and the American Health Lawyers Association.
Ms. Elizabeth McFall Leddy, Piedmont Healthcare Inc
Elizabeth Leddy joined Piedmont Healthcare as Chief Legal Officer in 2017. She leads the system’s legal, compliance and risk management departments. Leddy is a member of Piedmont’s senior leadership team, which provides strategic direction and guidance to the organization. She also serves as a senior advisor to the Piedmont Healthcare Board of Directors for all governance related matters.
Elizabeth’s career includes more than 25 years specializing in healthcare law. She has served as both in-house and outside legal counsel for healthcare entities. Before joining Piedmont, she was Associate General Counsel for Providence St. Joseph Health in Seattle, a nonprofit health system comprised of more than 50 hospitals in five states.
Elizabeth earned her undergraduate degree from the University of Pennsylvania and her law degree from the University of Michigan Law School.
Ms. Gia Brown Compton, Attorney at Law
Gia Compton has focused a significant part of her legal career working in the public interest. The combination of private, local, and state government practice over three decades resulted in inimitable experience in advising clients through the multi-layered laws and structures governing regulatory and compliance enforcement networks across various industries. She has extensive trial experience, having tried cases for plaintiffs and defendants involving complex criminal, regulatory and civil disputes. She joined state government when she was appointed to be an Administrative Law Judge for the Office of State Administrative Hearings. She went on to serve in various capacities and divisions in state government including attorney for the Office of Regulatory Services (ORS), Program Integrity Director, Deputy Chief of Medicaid, Healthcare Facility Regulation Division Chief, and Director of Legal Unit for the Office of Inspector General. While Deputy Chief of Medicaid she led the certification process of GAMMIS. She has conducted trainings for the National Association of Regulatory Administration. She was a member of the Joint Commission Professional and Technical Advisory Committee (PTAC). Her commitment to improving health outcomes was recognized nationally when her name was submitted for consideration as an HHS Assistant Secretary by the Obama Administration.
While Gia is well respected as an advisor on healthcare, long-term care policy, investigations, and Medicaid, her knowledge and experience extend well beyond the healthcare arena. She is a strategist for artists, musicians, writers, and producers in the entertainment space. She has a string of her own production credits as well. She is a Public Arbitrator for the Financial Industry Regulatory Authority (FINRA). She is an active member of the board of The Bridge Solution which is developing affordable housing, sustainable food sources and economic opportunity. Gia is involved in local and national bar associations. She was selected to serve as a mentor to the President’s Young African Leaders Initiative Fellows and continues to be present as a resource to their development as executives in the healthcare systems in Nigeria and Ethiopia respectively.
She received her BA from Mercer University and her JD from Emory University School of Law.
Ms. Keri Fielder Conley, Georgia Hospital Association
Keri Conley is the Chief Health Policy Officer for the Georgia Hospital Association (GHA). Ms. Conley graduated from the University of Florida in 1997 with a B.S. degree in Exercise and Sport Science. She received a Master’s Degree in Physical Therapy with Honors from the University of St. Augustine in 2000 and was a practicing physical therapist before returning to the University of Georgia, School of Law where she received her law degree with Honors in 2005.
In her role at GHA, Ms. Conley leads the association’s health policy development and advocates on behalf of hospital members at all levels and branches of state and federal government, conducts regular meetings of hospital professionals, and acts as a resource and liaison for hospital members on state and federal regulatory matters as well as Medicare and Medicaid compliance issues. She is a past chair of the State Bar of Georgia’s Health Law Section and a member of the Georgia Academy of Healthcare Attorneys (GAHA) and the American Health Lawyers Association (AHLA).
Mr. Kevin Dean Abernethy, The University of Georgia
Kevin Abernethy is the Chief of the Civil Division of the United States Attorney’s Office (USAO), Middle District of Georgia (MDGA). Kevin co-chairs the legal defense of multi-million-dollar medical malpractice lawsuits directed against the Veterans Administration, represents the Department of Defense, represents the Department of Health and Human Services, and supervises the U.S. Attorney’s False Claims Act practice. He is lead counsel on all USAO-MDGA financial litigation.
Before serving as an AUSA, Kevin was vice president and general counsel to ABCO, Inc. As corporate counsel, Kevin handled a variety of matters with focus on governance, litigation, and federal regulation compliance. His general counsel work also focused on formation of new, international ventures. Before his corporate work, Kevin was a partner in the Atlanta office of Hall Booth Smith. Kevin has extensive litigation experience handling civil rights claims for the City of Atlanta, large complex environmental lawsuits, corporate suits, and claims involving professional negligence. He also has expertise advising businesses on corporate, ethical, and international transactions. He has litigation experience in both Georgia and Tennessee and is licensed in both these states. His litigation practice concentrates on high exposure cases.
The University of Georgia Alumni Association named Kevin to its 2013 class of 40 Under 40 most outstanding young alumni. He served as Chair for the 2018 and 2019 UGA 40 Under 40 Giving Challenge Campaign; Kevin is a UGA Mentor. The Fulton County Daily Report recognized Kevin as one of its 2013 40 under 40 Georgia Legal Rising Stars to Watch. Atlanta Magazine selected Kevin a Georgia “Rising Star Super Lawyer” in 2013 and 2014 for his work in professional liability defense. Kevin is a 2016 graduate of the Catholic Charites Atlanta Leadership Class.
The Georgia State Senate Committee on Assignments appointed Kevin to a four-year term on the State Ethics Commission, a quasi-judicial body with statewide jurisdiction over ethical issues involving public officials, lobbyists, and state vendors. Kevin was elected to serve as Chairman of the Ethics Commission in 2011, and he was twice reelected Chairman. Kevin is one of the youngest Chairman in Georgia’s history. Kevin serves on the Advisory Board to the Vice President of Student Affairs at the University of Georgia. Kevin also presently serves on the Board of Directors for the UGA Alumni Association and UGA’s School of Public and International Affairs.
He graduated from the University of Georgia in 1999 with his B.A. in Political Science. During college, he represented his school as the UGA Student Body President. At UGA, he was selected for membership in the Pi Sigma Alpha National Honorary Society in Political Science and Omicron Delta Kappa. In 1997-98, he was recognized as a Presidential Scholar for perfect 4.0 Grade Point Average. Before entering law school, Kevin served as a legislative aide in the Georgia State Senate to the chairman of the committee on Natural Resources and the chairman of Appropriations.
Gabriel Imperato, Partner, Nelson Mullins Riley & Scarborough LLP
Gabriel's personal practice includes representing individuals and organizations accused of healthcare fraud and assisting and advising healthcare organizations on corporate governance and compliance matters. Gabriel is board certified as a specialist in Health Law by the Florida Bar. He is also certified in Health Care Compliance (CHC) by the Society of Corporate Compliance and Ethics and the Health Care Compliance Association (SCCE/HCCA). This national accreditation reflects a professional level of competence and experience in compliance processes sufficient to assist healthcare business organizations to understand and address legal obligations and to promote organizational governance and integrity through the operation of effective compliance programs. Gabriel served as Interim General Counsel of the North Broward Hospital District, the tenth largest health system in the United States. He was also the Deputy Chief Counsel for the United States Department of Health and Human Services' Office of the General Counsel in Dallas. He has served as a longtime member of the Board of Directors and Past President of the SCCE/HCCA.
Antonia A. Peck
Ms. Sara Elizabeth Vann
Mr. Jonathan Alan Porter, Husch Blackwell LLP
Jonathan Porter is a partner with the healthcare and white collar groups at Husch Blackwell LLP. Jonathan uses his years of experience as a federal prosecutor to guide clients through the challenges associated with government investigations and regulatory compliance.
Jonathan brings to clients a thorough working knowledge of how the U.S. government targets and pursues criminal and civil investigations, particularly those involving the healthcare industry. He is a former Assistant U.S. Attorney for the Southern District of Georgia, and in that capacity, he brought charges against numerous individuals and companies under federal law, including criminal charges of health care fraud, wire fraud, and violation of the Anti-Kickback Statute, and civil complaints alleging violations of the False Claims Act.
In addition, Jonathan is a frequent speaker and author on emerging topics at the intersection of healthcare and enforcement and teaches white collar crime as an adjunct professor at Mercer University School of Law.
Mr. Stephen Harry McClain, US Attorneys Office Northern District of Georgia
Steve McClain is an Assistant U.S. Attorney for the Northern District of Georgia in Atlanta. He is the Chief of the Complex Frauds and Cybercrime Section, responsible for supervising other fraud prosecutors and white-collar matters in the U.S. Attorney’s Office. Steve serves as the point of contact for the FBI, SEC, United States Secret Service, Department of Homeland Security, Health and Human Services, Internal Revenue Service, Social Security Administration, and other federal and state agencies on fraud and cyber matters. As a federal prosecutor, Steve investigates and prosecutes all types of white-collar offenses, including corporate and securities fraud, bank fraud, government program fraud, investment fraud, health care fraud, immigration fraud, tax fraud, public corruption, computer crimes, counterfeiting, environmental crimes, and identity theft. He has received numerous awards for his work, including the Department of Justice Director’s Award for the prosecution of a defendant who was convicted by a jury for running a Ponzi scheme and sentenced to 27 years in prison. Before his government service, Steve was a partner in the Los Angeles office of Kirkland & Ellis LLP, where he focused on complex commercial litigation. He began his career as a law clerk for Judge Kenneth F. Ripple on the U.S. Court of Appeals for the Seventh Circuit. Steve graduated summa cum laude from Notre Dame Law School, where he was the Managing Editor of the Notre Dame Law Review, and obtained his B.S. and M.S. degrees from Clemson University.
Ms. Emily Cook Ward, Continuum Legal Group LLP
Emily C. Ward is a Partner in Smith Gambrell & Russell's Atlanta office who’s practice concentrates on white-collar defense, government investigations, and civil litigation including environmental, business, and healthcare litigation, as well as administrative and regulatory matters.
Ms. Ward regularly represents defendants in environmental, cybersecurity, public corruption, and tax fraud investigations, with recent successes resulting in no indictments being filed or substantially reduced penalties being negotiated. She obtained a defense verdict in a multi-day arbitration for healthcare practice that had been charged with violating various contractual provisions regarding medical billing, physician recruitment, and restrictive covenants. Ms. Ward also received a defense verdict for parents who had been placed on the child abuse registry after seeking medical treatment for their accidentally injured child. Ms. Ward often defends medical professionals before state medical, dental, nursing, and health insurance boards to prevent disciplinary actions from being imposed. She also has represented many students accused of academic, behavioral, and other infractions and helped them resolve the situation with the administrative and academic conduct boards.
Ms. Ward is active in multiple bar associations including the American Bar Association, State Bar of Georgia, and Atlanta Bar Association. She currently serves as Secretary and is on the Executive Committee of the Atlanta Bar Association. Ms. Ward also recently served as Chair of the Atlanta Bar Association’s Criminal Law Section in 2021 and Women in the Profession Section in 2019.
Ms. Ward has been recognized in Chambers USA as an Up and Coming attorney in Litigation White-Collar Crime & Government Investigations, in multiple categories by Best Lawyers as One to Watch, and Georgia Super Lawyers as a Rising Star, among others. She also was recognized as the University of Georgia’s Young Alumnae of Excellence in 2022 and was the inaugural recipient of the Catherine M. O’Neil Mentoring Award given by the Women’s White Collar Defense Association in recognition of her as an outstanding junior member of the WWCDA.
Ms. Ward received her undergraduate degree from the University of Miami and her J.D. from the University of Georgia School of Law.
Mr. John Thomas Clarkson, Griffin Durham Tanner & Clarkson LLC
Tom Clarkson is a former federal prosecutor who represents businesses and individuals in government investigations, False Claims Act (“FCA”) litigation, complex civil litigation, and white collar criminal defense. He has been recognized by Chambers USA as a “one to watch” in White-Collar Crime and Government Investigations. Tom leads the firm’s health care fraud and False Claims Act practices.
Since leaving government service, Tom has defended and advised c-suite executives, business owners, marketers, laboratory owners, durable medical equipment company owners, and physicians in Department of Justice investigations involving health care fraud, tax fraud, Small Business Association (“SBA”) fraud, securities fraud, wire/mail fraud, immigration fraud and money laundering.
Before founding Griffin Durham Tanner and Clarkson, Tom led a nationally recognized Department of Justice unit responsible for prosecuting complex civil and criminal fraud out of the Southern District of Georgia. In addition to his supervisory responsibilities, he led some of the office’s most complex and significant criminal cases in the office. During his tenure with the Department of Justice, he tried cases involving public corruption, health care fraud, pill mills, wire/mail fraud, and violent crime — all resulting in guilty verdicts. Tom led investigations resulting in numerous plea agreements involving over $1.5 billion dollars, including prosecutions of physicians, nurses, pharmacists, marketers, and executives. In FY 2019, he led his unit to become the third most productive criminal health care fraud unit in the entire Department of Justice. Tom also prosecuted some of the first COVID-19 fraud cases in the district, including cases involving the Small Business Administration (“SBA”) Paycheck Protection Program and Economic Injury Disaster Loans.
Tom also maintains a broad civil practice. During his government service, he led and supervised False Claims Act investigations that have resulted in numerous seven- and eight-figure settlements. Tom supervised and led civil Controlled Substances Act (“CSA”) investigations that resulted in record-setting settlements and judgments. Tom’s civil CSA experience includes litigating cases from complaint, through the penalty hearing phase, and ultimately to judgment. He has significant experience with the False Claims Act (including qui tam whistleblower actions), Stark Law, and Anti-Kickback Statute.
In private practice, Tom has served as lead counsel defending FCA investigations involving health care fraud, as well as COVID-19 related investigations. He also has experience in Securities & Exchange Commission (“SEC”) parallel criminal and civil investigations and criminal tax investigations involving the Internal Revenue Service (“IRS”) and the Tax Division. Tom has also served as lead counsel for businesses, owners, and individuals pursuing contract- and tort-based claims involving millions of dollars in business litigation matters both in Georgia, as well as in other states.
Tom has served as defense counsel in numerous high-dollar matters, including tort suits seeking hundreds of millions of dollars. In 2015, he defended a civil rights case resulting in a complete jury verdict for his clients in less than 30 minutes. Since leaving the DOJ, Tom has defended businesses and executives in civil also represented businesses, owners, directors, and officers in business litigation — defending claims involving breach of contract, fraud, breach of fiduciary duties, civil conspiracy, conversion, and other tort theories.
For his efforts at DOJ, Tom has been recognized by the Federal Bureau of Investigation, Department of Health and Human Services, Drug Enforcement Administration, Department of the Army, and Legal Services Corporation.
After graduating from law school with highest honors, Tom clerked for the United States Court of Appeals for the Eleventh Circuit and worked for a firm in Charlotte.
