Marcella Auerbach is a Managing Partner at Nolan Auerbach & White. She is a former federal prosecutor who spent more than twenty-five years at the United States Department of Justice. Ms. Auerbach has extensive experience prosecuting corporate providers for healthcare fraud, Anti-kickback and Stark Law violations, FDA violations, and Medicare fraud. She has won multi-million dollar recoveries under the False Claims Act and has successfully represented employees in whistleblower protection and other whistleblower-related actions against their employers.
Ms. Auerbach is an experienced litigator who served in a wide variety of leadership roles at the United States Department of Justice. She spent eight years in the Civil Division where she represented the federal government in healthcare fraud qui tam cases in the Southern District of Florida. As First Assistant United States Attorney for the Southern District of Florida, Ms. Auerbach managed, directed, and supervised 210 attorneys in the criminal and civil divisions, worked directly with every federal agency, and was involved in all stages of criminal and civil prosecutions and forfeitures. Ms. Auerbach also supervised and spearheaded a large number of prosecutions as Chief of Narcotics, Special Counsel to the United States Attorney, and a Special Attorney in the Organized Crime and Racketeering Section of the United States Department of Justice. Ms. Auerbach received numerous awards during her tenure at the United States Department of Justice, including the John Marshall Award for outstanding litigation work, the Law Enforcement Woman of the Year Award and numerous special commendations from Attorney Generals of the United States.
Ms. Auerbach is a sought after speaker who has led numerous panel discussions and training conferences for attorneys, federal and state prosecutors, and federal agents on topics such as healthcare fraud, investigative techniques, and federal court and trial advocacy. She has lectured at the Department of Justice Advocacy Institute and University of Miami Law School. Ms. Auerbach has moderated and appeared on numerous panels, including the ABA National Institutes on Health Care Fraud and the False Claims Act, the Taxpayers Against Fraud annual conferences, and the Southern Health Care Fraud Institute.
Ms. Auerbach has worked pro bono on many domestic violence and abuse cases, including the “Put Something Back” and “Lawyers Care” programs. She also has worked on the Florida Bar Hurricane Disaster Project on a pro bono basis.
Ms. Auerbach earned a Bachelor of Arts degree from the University of Miami, a Juris Doctor degree from Samford Law School, and a Master of Laws degree from New York University.
Taxpayers Against Fraud, an organization devoted to combating fraud against the Federal Government, has named Marcella Auerbach and her partner Ken Nolan as Lawyers of the Year for 2011. Ms. Auerbach was also selected for inclusion in the 2012 Top Rated Lawyers Guide to Health Care Law. Ms. Auerbach has a Martindale-Hubbell attorney rating of “AV,” and is included in the Bar Register of Preeminent Lawyers.