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gkaiser@kaiserfirm.com
Geoffrey R. Kaiser founded Kaiser Law Firm, PLLC with the objective of offering top-flight, cost-effective legal representation in the fields of criminal and civil litigation, and guided by an unrelenting dedication to assisting the firm's clients reach their personal and business goals.
Prior to starting Kaiser Law Firm, PLLC, Mr. Kaiser served for nearly ten years with the United States Department of Justice in the Criminal Divisions of the United States Attorney's Offices for the Eastern and Southern Districts of New York, two of the premier prosecuting offices within the Justice Department.
While at the Justice Department, Mr. Kaiser directed a wide array of white collar investigations and prosecutions, including but not limited to those involving health care fraud, securities fraud, mortgage fraud, mail and wire fraud, and bank fraud, as well as money laundering and illegal trafficking in counterfeit goods and marks. A number of those investigations involved major global business organizations.
As Chief of Health Care Fraud Prosecutions and Deputy Chief of Public Integrity in the Eastern District U.S. Attorney's Office, Mr. Kaiser directed investigations of fraud allegations against individuals and corporations made under the False Claims Act, the Anti-Kickback Statute, the HIPAA privacy laws, the Food, Drug and Cosmetic Act, and the Prescription Drug Marketing Act. Mr. Kaiser also exercised oversight responsibilities within the Public Integrity Section and over all health care fraud cases within the Eastern District of New York. Moreover, during his career as a federal prosecutor, Mr. Kaiser directed and advised federal law enforcement agents from numerous agencies, including but not limited to the Federal Bureau of Investigation, Food and Drug Administration, United States Postal Inspection Service, Department of Health and Human Services, Secret Service, Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives. Mr. Kaiser has received numerous recognitions and honors for his efforts.
Mr. Kaiser also has deep experience in private sector legal practice, having previously worked as a litigator for more than a decade at the highly regarded Manhattan law firms of Debevoise & Plimpton LLP, Kornstein Veisz Wexler & Pollard LLP and Anderson Kill & Olick, P.C. As a litigation attorney, and a law partner at two different firms, Mr. Kaiser handled a diverse array of commercial litigation matters involving an assortment of business disputes. Mr. Kaiser developed particular experience in the investigation and prosecution of complex civil frauds under multiple common law and statutory grounds, including the Racketeer Influenced and Corrupt Organizations Act ("RICO"). In addition, Mr. Kaiser acted as advisor to a global conglomerate in the area of anti-counterfeiting and brand protection.
Mr. Kaiser also has served as a Managing Director with Navigant Consulting, an international publicly-held consulting firm, in two of the firm's practice groups: Disputes and Investigations and Healthcare Disputes, Compliance and Investigations. While at Navigant, Mr. Kaiser focused on investigations, integrity monitorships and brand protection services. In that capacity, Mr. Kaiser led teams performing anti-counterfeiting/anti-piracy services on behalf of major global brand owners, and performed internal investigations and integrity monitorships of individuals and organizations in the healthcare, construction and transportation industries.
After graduating law school, Mr. Kaiser also served for two years as law clerk to The Honorable Fritz W. Alexander II (Late), who sat on New York's highest court as an Associate Judge of the New York State Court of Appeals.
Mr. Kaiser holds a Juris Doctor degree from New York University School of Law, where he served on the Moot Court Board and received the Advocacy Award. Mr. Kaiser received his Bachelor of Arts degree with Honors from the University of Virginia, where he also graduated Phi Beta Kappa.
REPRESENTATIVE MATTERS
Financial Fraud Investigations
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Investigated The Bank of New York for its involvement in the dissemination of fraudulent escrow agreements and failure to report evidence of criminal activity involving those agreements as required under the Bank Secrecy Act. Investigation culminated in landmark agreement mandating sweeping reforms of the bank’s suspicious activity reporting and anti-money laundering procedures, ongoing reviews of the bank’s operations by an independent examiner and payment of $24 million.
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Investigated a Long Island-based mortgage bank and its employees for their involvement in a conspiracy to defraud the Department of Housing and Urban Development through fraudulent mortgage applications containing falsified employment and income data.
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Part of prosecution team that investigated Symbol Technologies, Inc. for its involvement in a massive accounting fraud. Prosecuted Symbol’s former Director of Finance.
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Prosecuted attorney and multiple brokers for concealing exorbitant commissions earned on the sale of private placements formed to fund Hollywood film ventures.
Health Care Fraud and The False Claims Act
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Investigated Nichols Institute Diagnostics and its parent, laboratory giant Quest Diagnostics, under the False Claims Act and the Food, Drug and Cosmetic Act, based on allegations of quality issues affecting various blood tests, including those used to measured parathyroid hormone levels in dialysis and other patients. Investigation led to a $302 million global settlement with the federal government, then one of the largest settlements ever obtained by the Department of Justice in a medical device case.
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Investigated Orphan Medical, Inc. and its parent Jazz Pharmaceuticals, Inc. under the False Claims Act and the Food, Drug and Cosmetic Act, based on allegations that Orphan Medical marketed the “date rape” drug GHB, under the brand name “Xyrem,” for medical uses not approved by the U.S. Food and Drug Administration. Negotiated $20 million global settlement with Jazz Pharmaceuticals.
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Investigated global pharmaceutical manufacturers in relation to fraud allegations indicating possible violations of federal laws, including the Anti-Kickback Statute and Prescription Drug Marketing Act.
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Retained as expert by global device manufacturer to advise regarding impact of Anti-Kickback statute on certain contractual arrangements with physician consultant.
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Investigated and prosecuted multiple health care corporations and medical providers related to allegations of fraudulent billing practices.
Internal Investigations
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Investigated major not-for-profit home healthcare organization in response to kickback allegations against a senior manager.
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Investigated African satellite office of international healthcare corporation in response to corruption allegations.
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Supervised forensic investigation of the servicing of residential mortgage loans in bankruptcy, as performed by one of the country’s leading mortgage servicers.
Integrity Monitorships
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Performed Independent Review Organization services pursuant to Corporate Integrity Agreement between a physician and HHS-OIG, requiring an annual review of contractual arrangements for compliance with the Anti-Kickback Statute and the Stark Law.
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Performed integrity monitoring services for a bus transportation company awarded a $600 million contract for New York City.
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Performed integrity monitoring services for construction companies awarded $450 million in contracts at the World Trade Center and John F. Kennedy airport.
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Performed integrity monitoring services for tile and marble company awarded $40 million in contracts at World Trade Center.
Anti-Counterfeiting and Brand Protection
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Investigated unauthorized distribution of copyrighted broadcasts and allegations of misconduct facilitating digital piracy.
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Investigated e-commerce websites engaged in trademark infringement activity through the unauthorized sale and distribution of counterfeit professional sports merchandise.
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Prosecuted New York City merchants engaged in the sale of counterfeit luxury handbags and logos.
Publications
"What does the Second Circuit’s Recent Decision in United States v. Caronia Not Say," FDLI Food and Drug Policy Forum (February 13, 2013)
"Due Diligence On Execs, Board Vital When Sizing Up Companies," Fund Director Intelligence (December 20, 2012)
"Risky business: Rx drugs obtained in the secondary market," Drug Topics - Special Report (October 2012)
"Combating Online Counterfeiting with Help from the Lanham Act," Italy-America Chamber of Commerce, Inc. (December 2011)
"Ensuring Product Integrity and Trust in Your Supply Chain," Chief Executive.net (October 5, 2011)
"Billing for drug overfill: New compliance risk or old prohibition?," HCCA Compliance Today(October 2011)
"When The Government Knows Too Much For Its Own Good," Law360 (September 9, 2011).
"Health Care Compliance on a Shoestring," HCCA Compliance Today.
“Corporate Piracy Efforts: Cost Center or Profit Center?,” Law 360.
“Reforming the Major Credit Rating Agencies: What Hath the SEC Wrought?," The Metropolitan Corporate Counsel.
“Overfill: A Drug Sample in Sheep’s Clothing?,” BNA Pharmaceutical Law & Industry Report.
“The ‘Tone at the Top’: Can it Mitigate C-Suite Personal Liability?,” Food and Drug Law Journal.
“Healthcare – Lessons From The U.S.,” Fraud Intelligence.
“My Brother’s Keeper: The Rise of Independent Monitors,” The Early Warning System Report.
Speaking Engagements
"Risky Business: How Purchasing, Prescribing and Billing for Discounted Pharmaceuticals and Medical Devices Can Result in Criminal Prosecution," Dean's Hour, Nassau Academy of Law, Nassau County Bar Association (January 16, 2013)
"The False Claims Act and Health Care Enforcement Actions," Nassau County Bar Association, Hospital and Health Committee (December 6, 2012)
"Canal Street To Main Street: The Enforcement Challenges Posed By Product Counterfeiting,"
The Bar Association of Lehigh County Bench Bar Conference, Allentown, PA (December 3, 2011)
"Protecting Your Brand/Food Safety Risks," The Dairy Practices Council's 42nd Annual Conference, Manchester, NH (November 3, 2011)
“Knock-Offs, the Growing Risk of Fraudulently Manufactured Products Making Their Way Into Your Construction Projects,” AGC 2011 Conference on Surety Bonding and Construction Risk Management (February 2011)
“Breakfast Roundtable Discussions: Tactical Considerations For Brand Owners In Combating Piracy,” Anti-Counterfeiting and Brand Protection West Coast (January 2011)
“Support Services for Brand Protection Programs,” Brand Protection Perspectives and Strategies Conference (October 2010)
“Transforming Your Anti-Piracy Program From A Cost Center Into A Profit Center,” Legal IQ’s 5th Annual Anti-Counterfeiting & Brand Protection Conference (September 2010)
“Trends in CIAs,” 13th Annual Health Care Compliance Forum (October 2009)
“Investigating and Resolving Device Misbranding Cases,” American Health Lawyers Association, Life Sciences Law Institute (October 2009)
“Key Compliance Issues Facing Directors and Trustees of Health Care and Life Sciences Companies,” National Webcast (September 2009)
“Key Compliance Issues Facing Directors and Trustees of Health Care and Life Sciences Companies,” Directors Roundtable (April 2009)
“Medical Device Misbranding and Concealment of Quality Defects,” National Health Care Anti-Fraud Association (April 2009)
“The Prosecution of Insurance Fraud Cases in the United States Attorney’s Office,” Guest Speaker, National Insurance Crime Bureau (March 2009)
“Claims Data: How to Get What You Want and Understand What You Got,” Department of Justice Seminar on Successful Strategies for Navigating Health Care Fraud Cases (January 2009)
“Healthcare From A Corporate Counsel’s Perspective,” Legal Tech Conference (January 2009)
“Emerging (Regulatory and Prosecutorial) Focus on Physicians,” 9th Annual Pharmaceutical Regulatory and Compliance Congress and Best Practices Forum (October 2008)
“Challenges Faced By In-House Counsel in the Pharmaceutical & Healthcare Industry,” Masters Conference (October 2008)
“Litigating Healthcare Case,” 12th Annual Healthcare Compliance Forum (October 2008)
“Demystifying AML and OFAC Compliance Breakfast Briefing” (June 2008)
“Ethical Perils and Challenges of E-discovery,” Federal Bar Association, Criminal Law Conference (June 2008)
“Health Care Law Enforcement Compliance Trends and Issues,” New York City Bar Association (May 2008)
“Federal Pricing Enforcement Update,” American Conference Institute Drug Pricing Conference (March 2008)
“Health Care Law Enforcement Initiatives,” Greater New York Hospital Association (November 2007)
“Federal Pricing Enforcement Update,” 5th Annual In-House Counsel Forum on Government Regulation of Prescription Drug Pricing (March 2007)
“Government Investigations Into Allegations of Off-Label Marketing,” American Bar Association, Section of Litigation, Products Liability Committee, 2006 Pharmaceutical Regional CLE Workshop: Current Issues in Pharmaceutical Litigation and Policy (November 2006)
“When Your Client’s Health Law Problems Become Your Own: Meet The AUSAs,” New York State Bar Association, Health Law Section (September 2005)
Press
"Ultimate Impact of Caronia Decision Uncertain, but FDA and Prosecutors Might Be More Careful," Philly.com (December 28, 2012)
"Anderson Kill Nabs Brand Expert For Co-Chair Post," Law360 (March 18, 2011)
Bar Admissions
New York, United States District Court for the Southern District of New York, United States District Court for the Eastern District of New York, United States Court of Appeals for the Second Circuit.
Education
New York University School of Law, 1987, J.D.
University of Virginia, with honors, Phi Beta Kappa, 1984, B.A. |