We hope that the following information, followed by your direct communication with one of our partners, will help to assist you in making a thoughtful and well-informed decision about what may be one of the most important endeavors of your life. The choice of a law firm to represent you in a healthcare fraud whistleblower case should be made very carefully. Confidence in the law firm’s abilities, experience, and knowledge, as well as the individual lawyers’ integrity, judgment, and communication skills is of utmost importance.
Kenneth J. Nolan has served as lead counsel in dozens of healthcare fraud qui tam cases, and has over 25 years of hands-on litigation experience. He is the founder of Nolan Auerbach & White, which had four cases resolved in a single year (2010), and cumulatively (all related civil and criminal cases combined) resulted in an overall return to the Government of over $1 billion.
He is a recognized authority on healthcare fraud qui tam law, and has been quoted widely for years in national magazines and newspapers throughout the country. Mr. Nolan has been a speaker on healthcare fraud and pharmaceutical fraud qui tam cases before a variety of audiences, including healthcare providers, attorneys, and regulators. He has been a frequent panel member at the Taxpayers Against Fraud National False Claims Act Conference, held yearly in Washington, D.C. Mr. Nolan has a Martindale-Hubbell attorney rating of “AV,” and is included in the Bar Register of Preeminent Lawyers. In 1997, Mr. Nolan was selected to be in the Guide to Leading American Attorneys in the area of consumer protection.
He is Chairman of the President’s Council of Taxpayers Against Fraud, the False Claims Act Legal Center, a non-profit public interest organization dedicated to combating fraud against the federal government through the promotion and use of the False Claims Act and its qui tam provisions. TAF serves as the sole bar organization for qui tam lawyers. Taxpayers Against Fraud has named Ken Nolan and his partner Marcella Auerbach Lawyers of the Year for 2011. Mr. Nolan was also selected for inclusion in the 2012 Top Rated Lawyers Guide to Health Care Law.
Mr. Nolan has taken a leading role not only within the qui tam bar, but also the courts. He has handled qui tam cases involving one of the first successful off-label medical device case in the 1990’s, one of the largest cost report recoveries against long-term care facilities in the 1990’s, one of the first off-label drug cases in the early 2000’s, and an industry-wide case exposing thousands of unapproved drugs that had been reimbursed by Medicaid.
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. She is a member of the Samford Law School Advisory Board and M.S. Health Law Advisory Board.
In January 2017, Ms. Auerbach was welcomed as a member of Bloomberg BNA Health Care Fraud Report, Advisory Board. 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. Pro bono work by Ms. Auerbach includes participation in “Put Something Back,” “Lawyers Care,” the Florida Hurricane Disaster Project and most recently the Disaster Legal Services Program. Ms. Auerbach has a Martindale-Hubbell attorney rating of “AV,” and is included in the Bar Register of Preeminent Lawyers.
Joseph E. B. “Jeb” White is one of the country’s leading qui tam advocates, having represented whistleblowers before the United States Congress and in qui tam actions across the country, from fraudulent hospital systems to dishonest pharmaceutical companies. As a tireless advocate of whistleblower rights, he has testified in front of the United States Congress and nearly a dozen state legislative bodies. As a trusted authority of the law, Mr. White has penned amicus curiae briefs in five United States Supreme Court cases, examining the federal False Claims Act; and has been a constant source for Department of Justice and other officials in need of qui tam expertise.
In addition to actively litigating health care qui tam actions, Mr. White has presented to a wide variety of audiences, including the Health Care Compliance Association, American Bar Association, the American Health Lawyers Association, and the American Law Institute, about whistleblower laws and protections. He has lectured over fifty times on the subjects of False Claims Act litigation and health care fraud schemes. Jurists and practitioners frequently cite his numerous articles on whistleblower litigation.
A seasoned trial lawyer, Matthew B. Pavone is a former federal prosecutor who served for over ten years in the United States Attorney’s Offices for the Southern and Northern Districts of California. Like Ms. Auerbach, he was at one time the First Assistant United States Attorney in his federal district (San Francisco), overseeing False Claims Act litigation by the federal government in that jurisdiction. While with the government, Mr. Pavone lectured at the Department of Justice Advocacy Institute on trial tactics. He is a recipient of the Department of Justice’s “Exceptional Service Award” for his efforts heading the Organized Crime Drug Enforcement Task Force for the Northwestern United States.
After finishing his government career, Mr. Pavone spent six years as a partner in a prominent San Francisco law firm where he worked on a wide variety of cases, including False Claims Act litigation. Most recently, he took part in the Firm’s representation against Johnson & Johnson/Scios, resulting in an $184 million recovery.
Fred I. Polsky, MD is a double board-certified physician (Internal Medicine and Nephrology) who is also a Fellow of the American College of Physicians, and licensed in multiple jurisdictions. Following his successful clinical career, he transitioned to Medicare and Medicaid program integrity and administration. He has, inter alia, served as the Medical Director for Zone 7 Program Integrity Contractor, including Medical Review for Parts A/B, DME, Dual Eligibles, & Hospice; has extensive programmatic experience in traditional Medicare, Medicaid and Medicare Advantage, to include administration and the development of Local Coverage Determination; extensive experience before Administrative Law courts defending Medicare adjudicated decisions in the Medicare Appeals Process; and Medicare, Medicaid pharmaceutical fraud and False Claims Act investigations.. Dr. Polsky trained at Mount Sinai Hospital and the Columbia College of Physicians and Surgeons in New York City, as well as the National Institutes of Health in Bethesda, Maryland.