Rebecca C.Martin

Partner

New York + 1.212.326.3410

Rebecca Martin is a 15-year veteran of the U.S. Attorney's Office for the Southern District of New York (SDNY), with decades of experience in investigations and litigations involving the federal False Claims Act (FCA), New York and other state false claims acts, Anti-Kickback Statute (AKS), Stark Law, FDCA, and other regulatory and privacy matters. She regularly represents clients facing qui tam complaints and in other matters before the Department of Justice (DOJ), state Attorney General Offices, and local regulatory bodies.

The clients Rebecca serves include private equity sponsors and portfolio companies, government contractors, medical device and diagnostic companies, pharmaceutical manufacturers, multistate physician practices, digital health providers, academic medical centers and hospitals, and home health agencies. Rebecca has obtained highly favorable results in litigations and government investigations in FCA and other civil and criminal fraud matters. A recognized thought leader in the field, Rebecca writes and speaks regularly regarding FCA and fraud and abuse issues.

Rebecca served in SDNY as co-chief of the Civil Frauds Unit and health care fraud coordinator. As co-chief, she was responsible for a full range of matters involving FCA and civil financial fraud. She handled and supervised groundbreaking matters that resulted in billions of dollars in recoveries for the government during her tenure. Rebecca's portfolio covered the health care, financial, research, and government contracting industries. Rebecca's work involved extensive coordination with numerous federal agencies, including the FBI, HHS-Office of Inspector General, Centers for Medicare & Medicaid Services (CMS), Small Business Administration (SBA), Securities and Exchange Commission (SEC), Tricare (uniformed services health care program), and state Attorney General Offices.

Erfahrung

  • Large regional medical practice obtains declination from Department of Justice in Stark Law and False Claims Act matterJones Day represented a large regional medical provider in a False Claims Act investigation conducted by the Department of Justice and Eastern District of Pennsylvania regarding alleged upcoding, medical necessity and Stark Law violations.
  • Medical device company obtains non-prosecution agreement and favorable False Claims Act settlement with SDNYJones Day represented a medical device manufacturer in a criminal and False Claims Act investigation conducted by the Southern District of New York regarding allegations of health care and wire fraud.
  • Digital health companies, specialty hospitals, and health systems maintain compliance with multistate requirements through 50-state surveyJones Day is representing digital health companies, specialty hospitals, and health systems in maintaining compliance with multistate requirements through a regularly updated, extensive 50-state survey on state laws and regulations applicable to telehealth activities of physicians and other health care professionals including licensing, establishing patient relationships, provider-to-provider consulting, supervision and delegation among providers, and prescribing and treatment standards.
  • The following represents experience acquired prior to joining Jones Day.

    Portfolio company of private equity fund obtains declination by DOJ to prosecute health care fraud matter.

    Handled grand jury investigation conducted by the Eastern District of New York into portfolio company of private equity fund and allegedly medically unnecessary medical and diagnostic procedures. The government declined to move forward with prosecution of the matter.

    Portfolio company of private equity fund obtains complete dismissal in False Claims Act litigation.

    Handled False Claims Act qui tam complaint and related litigation in multidefendant case involving pharmaceutical company and vendors, providing product support services to patients. In 2018, obtained full dismissal of False Claims Act and anti-kickback-related claims asserted against private equity portfolio company.

    Academic medical center obtains favorable resolution of False Claims Act investigation by DOJ.

    Handled False Claims Act investigation conducted by the Department of Justice into academic medical center, its compliance with the "two midnight rule," and allegedly medically unnecessary in-patient admissions.

    • August 2020
      Compliance Round-Up: City Bar Series on COVID-19’s Impact on Ethics and Compliance: COVID-19 Lending Programs: Latest Developments (New York City Bar)
    • April 2020
      Is the Tsunami Coming? Potential Litigation and Regulatory Risks for Lenders under the Recently Enacted Covid-19 Loan Programs (New York City Bar Webinar)
    • January 2020
      Analyzing the Government’s Evaluation of a Qui Tam Action (6th Annual Advanced Forum on False Claims & Qui Tam Enforcement)
    • September 2019
      False Claims Act and Healthcare Fraud (2019 American Bar Association Healthcare Delivery and Innovation Conference)
    • May 2019
      Critical Legal Issues (2019 Physician Practice Management and ASC Symposium)
    • January 2019
      How DOJ Decides When to Intervene and an Update on Criminal/Civil Concurrent Investigations (5th Annual Advanced Forum on False Claims & Qui Tam Enforcement)
    • July 2017
      Whistleblowing and Recent Developments, National Society for Corporate Governance, The Golden State of Governance Annual Conference, San Francisco
    • January 2017
      False Claims Act Enforcement Trends, Practicing Law Institute Annual Conference
    • November 2016
      Self-Disclosures: When, Where and How, Health Care Investigations and Litigation, (November 2016)
    • November 2016
      Navigating Legal Challenges, PLI Life Science Conference
    • September 2016
      Reverse False Claims and the 60-Day Rule, HCCA Boston Regional Annual Compliance Conference
    • October 2014
      Enforcement Trends, Practising Law Institute’s Health Care and Life Sciences Law 2014
    • September 2014
      Program Integrity and Enforcement: The Government Perspective, NYSBA, Health Law Section
    • January 2014
      Law Enforcement Panel, CBI Pharmaceutical Compliance Congress