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.
Expérience
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
- Rutgers University (J.D. cum laude 1993; Order of the Coif); New York University (M.A. 1989); Northwestern University (B.A. 1984)
- New York
- Served with the United States Attorney's Office, Southern District of New York (2001-2016) in the following positions: Co-Chief (2013-2016) and Deputy Chief (2008-2013) of Civil Frauds Unit, Health Care Fraud Coordinator and Assistant United States Attorney (2001-2008)
Ranked as a top health care lawyer in The Best Lawyers in America (2020, 2021, 2022, 2023, and 2024), including the 2022 Women in the Law business edition
The Henry L. Stimson Medal, New York City Bar (2015)
Public Service Award, New York County Lawyers Association (2011)
- Law Clerk to: Judge Theodore J. McKee, U.S. Court of Appeals, Third Circuit (1996-1997) and Judge John C. Lifland, U.S. District Court, District of New Jersey (1994-1995)