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

Overview

A trusted partner on health care 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 worked exclusively on matters involving the False Claims Act, Anti-Kickback Statute and the Stark Law. He has experience advising and representing pharmaceutical and life sciences companies, hospital systems, national nursing home and long term care facility chains, large and small businesses, and a variety of other types of health care providers in high-stakes investigations and litigation involving Medicare, Medicaid, TRICARE, and other health care programs.

Outside of the health care arena, Habib has advised and represented numerous government contractors, foreign and domestic business entities, and individuals in various types of 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. Prior to his government service, Habib spent nearly 15 years in private practice at white collar defense litigation boutiques in Washington, D.C. and Houston.

Experience

Obtained $65 million 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 Anti-Kickback Statute violations.

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

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

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

Managed various data-driven 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

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

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

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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