Habib is a government enforcement and white collar defense attorney who brings strong leadership skills and deep health care, procurement, and government investigations experience when delivering comprehensive legal solutions for his clients.

Overview

­­­A trusted partner on white collar defense and business litigation matters, Habib counsels business entities and individuals in highly regulated industries through complex health care, procurement, and other government enforcement investigations and litigation, as well as through general white colla­­r criminal and civil defense matters.

As a former federal prosecutor with the Fraud Section of the U.S. Department of Justice, Civil Division, he has worked extensively on matters involving the False Claims Act (FCA), Anti-Kickback Statute and the Stark Law. Habib was a key member of the DOJ's Elder Justice Task Force, which brought together federal, state and local prosecutors and law enforcement to coordinate and use state-of-the-art techniques to pursue nursing homes that provided grossly substandard care to their vulnerable residents.

Habib has extensive experience advising clients on FCA matters involving a variety of regulatory regimes. He has unique experience in representing clients on all three sides of the FCA, as defense counsel, relator's counsel and government counsel during his DOJ tenure. As defense counsel, he has advised and represented pharmaceutical and life sciences companies, hospital systems, national nursing home and long term care facility chains, large and small businesses, individuals, and a variety of other types of health care providers in high-stakes investigations and litigation involving Medicare, Medicaid, TRICARE, and other federal and state health care programs. Habib has also represented several major government contractors in different business sectors in FCA investigations, litigation and settlements.

Outside of FCA matters, Habib has advised and represented numerous government contractors, foreign and domestic business entities, and individuals in various criminal, civil and administrative government investigations, including those involving government contracting and procurement fraud, violations of the Foreign Corrupt Practices Act, securities and accounting fraud, tax fraud, civil and criminal conflicts of interest violations, lobbying violations, and sanctions and export-control violations.

In addition to his federal government experience, Habib was Special Counsel to Karl A. Racine, the Attorney General for the District of Columbia, where he advised the Office of the Attorney General on various criminal justice and opioid enforcement related issues affecting the District of Columbia, including drafting landmark legislation that enabled DC law enforcement to prosecute elusive synthetic opioid sellers and manufacturers. Prior to his government service, Habib spent nearly 15 years in private practice at white collar defense litigation boutiques in Washington, DC and Houston.

Experience

Represented physician medical director and "target" of False Claims Act investigation, resulting in U.S. Attorney's Office closing its investigation against client.

Represented government contractor in internal investigation and successful response to a cure notice, involving a mandatory disclosure regarding potential False Claims Act violations relating to its federal contract.

Represented federal grant funds recipient in internal investigation and related state enforcement matter regarding potential state and federal government grant violations.

Obtained $65 million False Claims Act settlement from Prime Healthcare Services, Inc. to resolve allegations that Prime hospitals in California submitted false claims to Medicare through various upcoding schemes.

Managed multiple investigations involving a national hospital emergency department provider and alleged upcoding of Medicare claims and potential False Claims Act and Anti-Kickback Statute violations.

Led investigation of physician-owned hospital for potential False Claims Act, Anti-Kickback Statute and Stark Law violations.

Led investigations of separate durable medical equipment providers and telemarketing companies for potential False Claims Act and Anti-Kickback Statute violations.

Led investigations of separate national skilled nursing home chains for potential False Claims Act violations involving understaffing and failure of care.

Managed various data-driven False Claims Act investigations involving various types of health care providers and fraud schemes.

Represented several former employees of national skilled nursing facility chain in False Claims Act litigation involving allegations of Resource Utilization Group upcoding for medically unnecessary rehabilitation therapy.

Represented whistleblower/relator in False Claims Act action resulting in $24 million settlement to resolve Stark Law violations pertaining to group practice/in-office ancillary services exception.

Represented several employees of publicly traded health care provider in various False Claims Act investigations and criminal health care fraud investigations led by the U.S. Department of Health and Human Services Office of Inspector General and the U.S. Department of Justice.

Represented publicly traded medical device manufacturer/federal government contractor in internal investigation and subsequent voluntary disclosure regarding potential government contracting violations, Federal Supply Schedule pricing issues, and False Claims Act violations.

Represented several employees of publicly traded global supplier of test systems and industrial position sensors/federal government contractor in government contracting and False Claims Act investigation regarding potential violations of the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Addendum.

Represented drop shipper/federal government contractor in False Claims Act investigation and subsequent settlement for Export Administration and other government contracting violations involving prohibited items on Government Services Administration schedule contract.

Represented U.S. Department of Defense Contracting Officer in criminal investigation into favorable treatment in connection with weapons procurement contracts, resulting in declination of prosecution of client. 

Represented principal of military contracting company in criminal investigation and subsequent plea agreement involving bribery of U.S. Department of Defense Contracting Officer for favorable treatment in connection with weapons procurement contracts.

Represented Federal Emergency Management Agency Senior Executive Service employee in criminal and civil investigation and subsequent plea agreement and civil settlement involving conflicts of interest regarding a multimillion-dollar government contract for polling and consulting services.

Represented telecom company/federal government contractor in debarment proceeding before U.S. Department of Homeland Security Suspension and Debarment Office.

Represented several employees of publicly traded oil services company in multi-year criminal and civil FCPA investigations led by the U.S. Department of Justice and the U.S. Securities and Exchange Commission.

Represented former executive of construction and project management company in FCPA investigation led by the U.S. Department of Justice.

Represented former executive of multinational conglomerate in criminal FCPA investigation regarding potential payments to Vietnamese government officials.

Represented former executive of international energy company in criminal and civil FCPA investigations led by the U.S. Department of Justice and the U.S. Securities and Exchange Commission regarding potential payments to Brazilian government officials.

Represented Audit Committee of publicly traded self-regulatory organization in internal investigation regarding potential regulatory violations.

Represented several employees of publicly traded REIT in ongoing investigation led by the U.S. Securities & Exchange Commission.

Represented former Chief Technology Officer of publicly traded technology company in eight-week long civil securities fraud trial involving the U.S. Securities & Exchange Commission, resulting in client found not liable on all claims.

Represented former corporate counsel of marketing company in five-week long criminal conspiracy and mail fraud trial involving the U.S. Attorney’s Office for the Eastern District of North Carolina, resulting in client found not guilty on all counts.

News & Insights

Speaking Engagements

"Managing Investigations: A Guide for In-House Counsel," NBA-CLS Speaker Series, October 6, 2021

"Statutory Nuts & Bolts of the False Claims Act," False Claims Act 101 Series, Federal Bar Association, Qui Tam Section, September 2021

"Handling False Claims Act Investigations," 2021 Minnesota Health Law Institute, June 2021

"DOJ Enforcement Priorities & Proactive Responses," Stinson's Life Sciences Law Update, May 2021

Co-presenter, "White Collar Crime & Government Investigations: Civil & Criminal Enforcement Priorities Under the Biden Administration," Stinson's Business Law Update Webinar, March 2021

"Responding to a Corporate Crisis," South Asian Bar Association of North America In-House/Corporate Counsel Section Webinar, July 2020

"Navigating the Straits of the FCPA - One Client's Journey from Investigation to Declination," ACC STL 2020 Corporate Counsel Institute, June 2020

Co-presenter, "Anti-Trust and White Collar Crimes Update," Stinson's Business Law Update: Wichita, May 13, 2020

Co-presenter, "Anti-Trust and White Collar Crime Update," Stinson's Business Law Update: Kansas City, March 5, 2020

"DOJ Enforcement Trends in Health Care Prosecutions," Recent Developments in Health Care and Life Sciences Law Seminar, Stinson, December 2019

Publications

"A Sea Change in Handling of Government Contractor Cyber Incident Reporting?," Stinson's Government Contracting Matters Blog, October 7, 2021

"Small Business Government Contractors Need to Watch Out for Increasing Criminal and False Claims Act Liability in Small Business Government Contracting Programs," Stinson's Government Contracting Matters Blog, August 13, 2021

"The First Civil False Claims Act Settlement Resulting from PPP Fraud Has Finally Been Announced," Stinson's Government Contracting Matters Blog, January 20, 2021

"A Proactive and Targeted Approach to Billing Audits," Compliance Today, January 2021

Co-author, "Pandemic Doesn't Alter HIPAA Privacy, Public Welfare Balance," Law360, April 2020

"Pandemic Doesn't Alter HIPAA Privacy, Public Welfare Balance," Law360, April 16, 2020

"Biopharmaceutical Company Agrees to Pay $6.5 Million to Resolve False Claims Act Allegations of False Commercial Pricing Disclosures in Government Contracts," Stinson's Government Contracting Matters Blog, April 9, 2020

"First COVID-19 Fraud Action Filed by the DOJ, and What It Means for Government Contractors," Stinson's Government Contracting Matters Blog, March 26, 2020

Professional & Civic Activities

Professional & Civic Activities

American Health Lawyers Association

Federal Bar Association

  • Criminal Law Section
  • District of Columbia Chapter
  • Federal Career Service Division
  • Government Contracts Section
  • Health Law Section
  • Qui Tam Section

South Asian Bar Association of Washington, DC

  • Former President and Board Member

South Asian Bar Association of North America

  • Former Executive Committee and Board Member
  • Former Chair of the Criminal Justice Committee

District of Columbia Bar Association

  • Former Member of Inaugural Leadership Development Committee

Admissions

  • District of Columbia, 2006
  • Texas, 2001

Education

University of Houston Law Center, J.D., 2000

University of Texas at Austin, B.A., Psychology, 1997

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