Astute former federal prosecutor providing strategic advice in government investigations and regulatory matters
Kirti is a former Assistant United States Attorney in the Southern District of New York, Civil Division who focuses on internal, federal and state investigations and high-stakes litigation. Kirti advises individuals, boards and in-house counsel and is knowledgeable, strategic, tenacious and pragmatic.
If litigation cannot be avoided, Kirti has experience in all facets of investigations and litigation, including issuing and defending subpoenas, interviewing and deposing witnesses, negotiating settlements, engaging in motion practice and trial. Her extensive experience enables her to provide clients with the government’s perspective while zealously defending an investigation or enforcement action. She is well versed in the various fraud statues as well as knowledgeable of the underlying industries and has represented clients across multiple industries such as health, customs, banking and nonprofit organizations.
She regularly draws on her experience to provide practical advice on:
- Fraud and abuse issues
- Conducting risk assessment
- Navigating government investigations
- Compliance policies
- Complex litigation
Kirti has great relationships and experience with all levels of government prosecutors and agents — federal, state and administrative — which enables her to successfully resolve matters on behalf of her clients. She is conscientious of her clients’ financial and reputational costs and stays focused on the end goal.
Kirti is the co-chair of both the firm’s Government Enforcement Defense and Investigations team and the Health Litigation team. She also is editor-in-chief of Quarles’ blog Nothing but Substance, which focuses on compliance and regulatory issues for leaders and providers in the behavioral health and addiction treatment industries.
Admitted in New York. Not admitted in Wisconsin.
Experience in Action
- Conducts internal investigations, provides compliance guidance to various entities and, if necessary, prepares voluntary disclosures to the government.
- Conducts all aspects of litigation from initiation of a lawsuit through trial and appeal, including witness interviews, pleadings, discovery, depositions, motions, oral arguments, settlement negotiations and trials.
- Advises health care entities, including pharmacies, wholesale distributors, laboratories and other health care providers, entering contractual agreements, joint ventures and other arrangements under the Stark Law and Anti-Kickback Statute.
Successes
- Defense of a manufacturer and importer in joint criminal and civil proceedings pursuant to the False Claims Act for customs fraud violations that resulted in a favorable civil settlement.
- Defense of a pharmaceutical distributor under DOJ investigation relating to DEA violations.
- Defense of animal health company in DOJ investigation relating to DEA violations that resulted in a favorable settlement.
- Representation of medical laboratory to conduct internal investigation relating to Anti-Kickback Statute False Claims Act and Stark Law violations.
- Defense of a substance abuse clinic under DOJ investigation relating to billing codes and kickbacks.
- Defense of a national pharmacy chain impacting multiple stores before board of pharmacy.
- Representation of a nonprofit organization to conduct an internal investigation relating to grant fraud.
- Successfully obtained a TRO on behalf of a pharmacy benefits manager to temporarily halt the rescission of its license.
- Defended a Fortune 100 company in a federal False Claims Act investigation that resulted in a favorable settlement.
- National counsel to leading CLIA-certified clinical laboratory providing COVID-19 testing services across the country on a variety of regulatory and compliance issues, including the False Claims Act, Anti-Kickback Statute and Eliminating Kickbacks in Recovery Act. Also prepared self-disclosure to HHS-OIG.
- Defended a national health insurance company and pharmacy benefits manager in a state False Claims Act investigations.
- Successfully obtained dismissal Indiana qui tam complaint on behalf of a bank for alleged violations of state contracts under the Financial Reorganization Act. Obtained favorable settlement with DOJ, Civil Rights Division, on behalf of major bank holding company that specializes in payment cards.
Capabilities
- Health & Life Sciences
- Government and Internal Investigations, Litigation, and Fraud, Waste and Abuse Compliance
- Health Litigation
- Appellate
- Government Enforcement Defense and Investigations
- Hospitals and Health Systems
- Litigation & Dispute Resolution
- Long-Term Care and Senior Housing
- Pharmacy, Drug and Device
- Provider and Physician Groups
- Securities Litigation and Enforcement
Professional Recognitions
- Executive Office for the U.S. Attorney’s Director’s Award, superior performance for investigation and litigation of a matter based on the False Claims Act (2016)
- U.S. Department of Justice, Immigration and Naturalization Service "Attorney Achievement Award" (1999)
Professional & Civic Activities
- Southwestern Oklahoma State University Foundation, board trustee (2023-present)
- American Health Law Association Behavior Health Group, vice chair (2023)
- Seton Hall Law School, adjunct professor (2021-2023)
News & Insights
Education
- The University of Oklahoma College of Law (J.D., with distinction, 1996)
- Southwestern Oklahoma State University (B.A., magna cum laude, 1993)
Bar Admissions
- New York