Andrew S. Feldman
150 SE 2nd Avenue, Suite 600
Miami, FL 33131
afeldman*at*feldmanpllc.com
305.714.9474
Andrew S. Feldman is a trial lawyer who defends professionals, corporations, foreign nationals, health care providers, and health care marketers throughout the United States in government investigations from the investigative phase through trial. In several of Mr. Feldman’s recent jury trials, Mr. Feldman has obtained favorable results for his clients. In a multi-defendant Anti-Kickback conspiracy trial alleging a multi-state genetic testing kickback conspiracy between the laboratory and its distributors, the government was unable to convict the Firm’s client. The court declared a mistrial after 45 days. In the more recent trial, the court granted the client a judgment of acquittal on the one major count – a wire fraud conspiracy alleging that the client participated in a fraudulent clinical trial related to asthma drugs sponsored by a multinational corporation. Some of the other clients that Mr. Feldman has represented in jury trials or bench trials include: the former treasurer of Venezuela and her husband, a health care sales and marketing professional, an owner of a compounding pharmacy, a corporate lawyer, foreign taxpayers, the president of a local gas distribution company, Mexican attorney/lobbyist in a trial during which “El Chapo” was a named co-defendant, and a corporate executive in an environmental crimes trial.
The Firm’s practice focuses heavily on representing health care providers, organizations, and marketers, ensnared in investigations or prosecutions involving violations of the health care fraud statute, violations of the Anti-Kickback Statute, the False Claims Act, criminal violations of the Food Drug and Cosmetic Act (misbranding), or other health care fraud and abuse laws.
In addition to the Firm’s representation of health care providers, marketers, and organizations in health care fraud and kickback matters, Mr. Feldman, who is fluent in Spanish, has represented clients in global investigations targeting violations of the Foreign Corrupt Practices Act (FCPA). For example, Mr. Feldman has represented clients related to the FIFA and Odebrecht investigations. Mr. Feldman also currently represents the former treasurer of Venezuela, a well-known Peruvian entrepreneur, and a broker dealer in Ecuador in FCPA matters in federal courts.
Mr. Feldman also represents foreign nationals in sanctions evasions cases targeting violations of the International Emergency Economic Powers Act (IEEPA) and violations of rules promulgated by the Office of Foreign Asset Control (OFAC). One of those matters involved the seizure of the Amadea Yacht which garnered international attention. Mr. Feldman also regularly defends individuals as “targets” of government investigations related to bribery, money laundering, securities fraud, and tax evasion. Mr. Feldman also has substantial experience in international extradition proceedings having represented clients in proceedings involving extradition requests to Thailand, Argentina, Spain, and Japan.
Beyond Mr. Feldman’s investigative and white-collar defense practice, Mr. Feldman vigorously represents clients in civil litigation with a focus on litigation involving claims of fraud, theft, or misappropriation. Mr Feldman has successfully prosecuted injunctions involving asset seizures and fraudulent transfer actions. Mr. Feldman’s client also prevailed in an IRS summons trial resulting in multiple published decisions.
Prior to founding the Firm, Mr. Feldman worked for more than five years under Neal Sonnett, a nationally renowned white collar criminal defense attorney and former president of the National Association of Criminal Defense Lawyers (NACDL). Mr. Feldman also worked at a national firm where his practice focused on white collar criminal defense, civil litigation, and corporate compliance matters involving health care providers.
Outside of the office, Mr. Feldman is active within the American Bar Association (ABA), having occupied leadership positions in the Health Law and Criminal Justice Sections. He has been featured as a panelist at the ABA’s Annual National Institute on White Collar Crime and at the ABA’s Annual National Health Care Fraud Institute. Mr. Feldman has also served as a speaker presenting on health care fraud and abuse issues before numerous medical societies and before the Florida Institute of Certified Public Accountants (FICPA). Mr. Feldman serves as a co-chair of both the South Florida Sub-Committee and the Young Lawyers Sub-Committee for the White Collar Crime Committee of the ABA Criminal Justice Section. Mr. Feldman has published articles on trial advocacy in The Champion and articles related to the Anti-Kickback Statute and also served as a co-editor of the Health Lawyer, the quarterly publication circulated by ABA’s Health Law Section.
GENETIC TESTING
Represented health care sales and marketing professional in 45-day multi-defendant trial resulting in a hung jury and a mistrial on the single federal Anti-Kickback conspiracy count.
Representing lead defendant in health care fraud and kickback conspiracy related to genetic testing and durable medical equipment.
CLINICAL TRIAL AND FDA CRIMINAL CASES
Obtained Rule 29 judgment of acquittal on single major count of conspiracy to commit wire fraud in clinical trial fraud conspiracy related to asthma drugs clinical trial sponsored by multi-national corporation.
Representing individual in rare FDA criminal case related to importation of Tianeptine (a non-controlled substance) for non-research purposes.
DURABLE MEDICAL EQUIPMENT, TELEMEDICINE & COMPOUNDING PHARMACIES & PHARMACIES
Represented “nominee owners” of DME companies in grand jury investigation. Government declined prosecution.
Represented “nominee owner” of DME company in massive telemedicine fraud and kickbacks conspiracy.
Represented board of directors in multi-state internal investigation of compounding pharmacies in New Jersey and Alabama and Georgia related to potential violations of the Anti-Kickback Statute in response to execution of search warrant by 4 different federal agencies including Department of Defense (DCIS). After a thorough investigation and after the Firm recommended corrective measures, the investigation resulted in no charges against any board members or any of the principals of the corporate entities.
Represented sales and marketing professional in OIG-HHS and DCIS (OIG-DOD) grand jury investigation related to compounding pharmacy fraud and violations of the Anti-Kickback Statute, involving the TRICARE program. The Government had initially designated the client as a “target.” After retaining the firm and meeting with the Government for several proffer sessions, the Government declined prosecution against the client.
Represent compounding pharmacy for more than 5 years. The Firm has represented pharmacy in response to FDA audits and inspections, DOH inspections, DEA matters, and Board of Pharmacy actions. Representation includes obtaining numerous “no probable cause” determinations by the Board, and dismissal of an administrative action alleging violation of Florida’s sterile compounding laws. In that action, after extensive discovery and pre-hearing investigation the Department of Health agreed to reconsider and recommend that the initial finding of probable cause be denied and that the case be closed administratively.
Obtained declination of prosecution for marketer in investigation targeting violations of the Anti-Kickback statute in connection with compounding pharmacies and speaker fee arrangements.
Represented owner of sales and marketing organization in connection with IRS investigation into compounding pharmacy practices and violations of the Anti-Kickback Statute; investigation resulted in no charges.
Represented marketer in multi-defendant Tricare compounding pharmacy fraud conspiracy prosecution involving telemedicine, genetic testing, and violations of the Anti-Kickback Statute. Client received variance sentence after the district court granted a variance from the high-end of the Guidelines to a below Guidelines sentence. Case No. 18-cr-20710-CMA (S.D. Fla.)
Represented career medical device sales representative in one of the first trials relating to payment and receipt of kickbacks in connection with the marketing of Terocin and Lidopro creams which were reimbursed by the Office of Workers Compensation Program via the Federal Employees Compensation Act (FECA). After a two-week trial, the jury returned a split verdict (guilty and not guilty) acquitting the client of all charges related to receiving kickbacks. Case No. 19-cr-60157-RAR (S.D. Fla.)
DOCTORS, HEALTH PROVIDERS AND HEALTH CARE MARKETERS
Representing cardiology practice in Civil Investigation into False Claims.
Representing chiropractic practice in civil RICO lawsuit initiated by GEICO related to fraudulent billing and kickbacks.
Represented one of the lead veterinarians in the horse race cheating prosecution. Case No. 20-cr-00160 (S.D.N.Y.)
Obtained a sentence of probation for a podiatrist in indicted health care fraud prosecution resulting in $1.5 Million loss to Medicare. At sentencing, the court granted a downward variance of 12 levels, without the application of a 5K for substantial assistance, and even though, at sentencing, our client was facing a 46-month sentence at the low-end of the Guidelines. Case No. 17-cr-0012-BJD (M.D. Fla.)
Represented former owner of assisted living facilities in federal Medicaid prosecution based, in part, on worthless services fraud; after a two day sentencing hearing which focused heavily on the loss calculation and during which the Government and Probation had recommended a 9 year sentence the district court reduced the “loss” in this case significantly from more than $1M to $120,000 and the client received a sentence of less than 3 years. Case No. 15-cr-00462-MSS (M.D. Fla.)
Obtained a declination of prosecution for a sober-home owner in connection with state investigation into patient brokering.
Obtained a sentence of probation for individual charged with defrauding various insurance companies and obtained a declination of prosecution on criminal charge carrying a mandatory minimum three-year jail sentence. As part of representation, negotiated terms in the plea agreement which permitted client to avoid deportation and removal consequences as non-U.S. citizen.
Obtained declination of civil and criminal prosecution focusing on violations of False Claims Act and Anti-Kickback Statute on behalf of sales representative of diagnostics laboratory in connection with national investigation into laboratories conducting certain tests.
Obtained termination of pre-payment suspension for home health care company subject to ZPIC audit and inspection after CMS and MAC terminated client’s suspension.
Advise individuals, medical professionals, and organizations on the pitfalls of fraud and abuse laws including the potential application of the Anti-Kickback statute and/or state anti-kickback laws.
FOREIGN CORRUPT PRACTICES ACT
Represented individual referenced as “co-conspirator” in 140 plus page global FIFA money laundering and FCPA indictment in Eastern District of New York. The U.S. Attorneys’ office declined prosecution. Case No. 15-cr-00252-RJD. (E.D.N.Y.).
Representing company in connection with Odebrecht global FCPA investigation in Eastern District of New York in a case involving novel use of foreign bribery laws to support civil forfeiture action of brokerage account. Case No. 19-cv-00377-WFK (E.D.N.Y.).
TAX
Prevailed in bench trial in rare IRS summons litigation involving foreign bank accounts, foreign financial assets, and gifts during which the taxpayers successfully proved an affirmative defense. Case No. 17-cv-00030-PWG (D.M.D); 2019 WL 4118647
Obtained declination of prosecution for company in response to a grand jury investigation related to obtaining tax credits for renewable energy.
Obtained declination of prosecution for co-target of money laundering and tax evasion investigation related to foreign bank accounts.
Obtained sentence of time served for former owner of electronics company in tax evasion scheme involving Millions of dollars after client waived extradition from Italy to the U.S. client. Case No. 99-cr-00718 DMM (S.D. Fla.)
Mitigated sentence resulting in below-Guidelines sentence for former securities attorney with prior fraud conviction accused of evading payment of Millions of dollars in taxes for multiple tax years. Case No. 15-cr-80143-KMH (S.D. Fla.)
Advise individuals with respect to the reporting of foreign bank accounts and foreign financial assets and the benefits of potential voluntary disclosure through one of IRS’ several voluntary disclosure programs.
SECURITIES/BANKING
Obtained declination of prosecution for target of securities fraud investigation involving fraudulent private securities offerings. Client was only one of seven defendants that was not indicted. The Firm also represented client in parallel state proceedings before Florida Office of Financial Regulation (FOFR) and negotiated favorable settlement on behalf of client.
Prosecuted a fraudulent transfer action on behalf of a victim plaintiff resulting in a settlement of $150,000.00 against a felon and shell corporations holding real estate in the name of his family members. Action alleged that defendant had concealed his assets by transferring them to shell corporations for his family members. Case No. 18-cv-60203-WJZ (S.D. Fla.)
Reached a favorable settlement for CEO of brokerage in fraudulent transfer action brought by receiver appointed in Hunter Wise Commodities Future and Trading Commission enforcement action. Case No. 15-cv-80334-DMM (S.D. Fla.).
Persuaded the Florida AG’s office to vacate a warrant of arrest for an individual accused of participating in continuous scheme to defraud involving viatical settlements.
Obtained declination of prosecution for lender in response to OIG subpoena from criminal division of Small Business Administration in connection with bank fraud investigation.
Obtained declination of prosecution for manager in grand jury investigation in SDNY related to the notorious “Fyre Fest.”
ENVIRONMENTAL/AVIATION/TRANSPORTATION/FOOD
Obtained declination of prosecution for seafood company and its principals in grand jury investigation initiated by FDA and National Oceanic and Atmospheric Administration (NOA) targeting violations of Food Drug and Cosmetic Act (FDCA), the Lacey Act, and violations of U.S. Customs laws.
Obtained an ex parte temporary restraining order and then an order of replevin permitting client, a commercial truck and logistics company, to recover equipment (trailers and trucks) valued in excess of half a Million dollars which a former business partner had attempted to sell at auction in connection with civil action alleging replevin and conversion involving commercial DOT carriers. Case No. 2018-CA-002780 (Orange County, Florida)
In a related federal proceeding in Chicago, obtained a favorable settlement against multiple plaintiffs resolving the action without the necessity of paying any sum of money or damages to the plaintiffs. Case No. 18-cv-00399-TMD (N.D. Ill.).
Obtained the partial dissolution of an ex parte restraining order on behalf of president of multiple local gas distribution companies in contentious business divorce involving allegations of corporate malfeasance, dissipation of assets, and theft which resulted in an ex parte asset freeze against the clients’ commercial and personal accounts. At the evidentiary hearing on the Motion to dissolve the temporary restraining order, the Firm successfully argued that Hundreds of Thousands of dollars must be unfrozen and returned to the client. Case No. 2018-CA-010651 (Miami Dade County, Florida)
Defended pilot of national air charter operator in conspiracy to defraud the Federal Aviation Administration (FAA) in a rare criminal FAA case. At sentencing, the district court imposed a sentence of 4 months and rejected the Government’s position that the loss was $5 Million and instead concluded that the loss was “zero” and ordered no restitution. Case No. 09-cr-00045 (D. N.J.)
Co-counseled trial of executive of a national HVAC company accused of committing environmental crimes in violation of Clean Air Act during which the jury failed to reach an unanimous verdict of guilty. Case No. 11-cr-20653-CMA (S.D. Fla.)
INTERNATIONAL CRIMINAL & EXTRADITION
Assisted in defeating Argentina’s request for U.S. citizen’s extradition in proceedings before the U.S. District Court for the Southern District of Florida. Client was accused of committing political crimes in Argentina dating back to the 60s during la Guerra sucia (the dirty war). After extensive briefing, expert witness testimony and an extradition hearing, the district court denied the request. Case No. 10-mc-20559-RLD (S.D. Fla.)
Represented U.S. citizen in extradition proceedings arising out of allegations from the Kingdom of Thailand of kidnapping to obtain ransom. Case No. 15-cv-80944-RLR (S.D. Fla.); Case No. 16-cv-24363-JEM (S.D. Fla.).
Co-counseled trial of Mexican attorney charged with conspiring to traffic large quantity of cocaine in international drug trafficking conspiracy involving Europe, the United States, and South America, including “El Chapo” as a co-defendant; argued post-conviction motions involving complex issues of federal subject matter jurisdiction and Due Process. Case No. 11-cr-00084-JL (D. N.H.).
Retained as consultant in extradition proceeding involving request to Japan.
OTHER FEDERAL CRIMES
Obtained sentence of probation for client accused of using cloned Amex Cards to defraud Home Depot and other retailers in investigation initiated by U.S. Secret Service. Case No. 16-cr-00044-JES (M.D. Fla.)