Antonio M. Pozos

Tony clerked on the Eastern District of Virginia’s “Rocket Docket” for the Honorable Anthony J. Trenga.

White Collar Defense and Investigations

Clients rely on Tony’s meticulous, aggressive defense strategies when facing criminal charges, government investigations and civil enforcement actions by the U.S. Department of Justice (DOJ), Securities and Exchange Commission (SEC), Federal Bureau of Investigations (FBI), Department of Health and Human Services Office of the Inspector General, Drug Enforcement Administration (DEA), Department of Homeland Security (including HSI and CBP) and other federal law enforcement agencies, as well as state authorities. He has represented foreign and domestic corporate clients and individuals in litigation and investigations involving:

• The Foreign Corrupt Practices Act (FCPA)
• Health care fraud, the Anti-Kickback Statute and the Stark Law
• The False Claims Act
• Cryptocurrencies, ICOs and matters involving other digital assets
• U.S. sanctions and export control laws
• Mail and wire fraud, honest services fraud, commercial bribery and money laundering
• Securities fraud, insider trading, high-yield investment program fraud and accounting issues
• Insurance fraud
• Procurement fraud
• Drug diversion
• Criminal tax and foreign bank account reporting (FBAR) issues
• Data security, privacy and identity theft

He also oversees domestic and international internal investigations, helps clients enhance and develop their corporate compliance programs, and assists corporate and individual clients who are the victims of crimes and fraudulent schemes with navigating the criminal and civil justice systems.

Representative Experience

• Successfully defended generic pharmaceutical industry executive charged with conspiracy to defraud the United States (Klein conspiracy), to introduce unapproved new drugs into interstate commerce, and to make false statements to the Food & Drug Administration. Obtained complete dismissal of all charges against client.
• Represented educator charged with fraud and money laundering in “Varsity Blues” college admissions prosecution. Advised client during cooperation with the DOJ, and obtained substantial reduction of client’s ultimate sentence.
• Represented entrepreneur in DOJ prosecution alleging FCPA and tax violations as part of the DOJ’s broader Venezuela-related enforcement initiative.
• Represented FinTech entrepreneur civil litigation involving cryptocurrency-related dispute.
• Advise clients in cryptocurrency, digital assets and blockchain-related ventures on government enforcement and risk mitigation issues.
• Represented prominent human rights nonprofit and its founder in U.S. State Department investigation of third-party grant-related issues. No action taken against clients.
• Represented accountant in SEC enforcement proceedings involving complex foreign currency accounting issues. Negotiated favorable settlement during litigation.
• Represented major regional physician practice as third-party in federal criminal fraud prosecution of former pharmaceutical sales representative. Resolved related inquiry into client’s role in matter with no action against the client or its personnel.
• Represented health system as third-party in an intervened federal False Claims Act qui tam action against an implant manufacturer, alleging manufacturer improperly induced physicians to use the company’s devices using speaker programs, royalty payments and other remuneration. Matter resolved through cooperation, and without participation by client in settlement or disgorgement of proceeds from allegedly tainted procedures.
• Represented former chairman of outpatient psychiatric clinic chain in civil federal False Claims Act investigation involving allegations of upcoding and billing for services not rendered. No action taken against client.
• Represented highway contractor in civil federal False Claims Act investigation involving disadvantaged business-entity subcontracting. Case resolved through favorable settlement using special-purpose joint venture, with no participation by individual executives or their respective companies that participated in the joint venture.
• Represented health system in DOJ and DEA investigation of employed physician for potential drug diversion and recordkeeping violations. Case resolved with no action taken against client.
• Represented telecommunications company in state False Claims Act qui tam litigation involving cellular service offerings to government purchasers. Prevailed on motion to dismiss for failure to identify allegedly tainted claims and, in part, based on public disclosure bar.
• Represented private equity firm in state attorney general investigation of internet-based tribally affiliated consumer lending firm. No action taken against client.
• Represented medical supply company in state administrative inquiry into client’s compliance program and procedures. Case resolved with no action taken against client.
• Represented public health nonprofit in state attorney general investigation of potential data privacy issues involving health insurance enrollments. Case resolved with no action taken against client.
• Represented former state official in state inspector general investigation of grant-related issues. No action taken against client.
• Advised telecommunications entrepreneur on potential Foreign Corrupt Practices Act issues arising from contemplated venture in Africa.
• Advised manufacturing firm on potential Foreign Corrupt Practices Act issues arising from factory construction in Latin America.
• Advised a physician-owned hospital on potential Stark Law, Anti-Kickback Statute and False Claims Act issues arising from contemplated “hospital within a hospital” transaction.

Prosecutorial Experience

Before joining the firm, Tony was a federal prosecutor with the Criminal Fraud Section of the U.S. Department of Justice, where he worked with the Corporate Strike Force and the Medicare Fraud Strike Force. He prosecuted hospital operators, home health care agency owners, doctors, and other health care industry executives and medical professionals throughout the United States. Significantly, he prosecuted a groundbreaking case against a publicly traded hospital operator, which resulted in a civil and criminal monetary resolution of more than $500 million and the entry of guilty pleas by two hospital subsidiaries. He also prosecuted public corruption matters and annually trained prosecutors from around the country on health care fraud.

As a federal prosecutor, Tony:

• Prosecuted a publicly traded hospital operator for violation of the Anti-Kickback Statute and defrauding the United States, resulting in a $513 million monetary resolution, guilty pleas by two hospital subsidiaries, and a three-year non-prosecution agreement (including a criminal monitor) binding the company and its operating subsidiaries.
• Charged a former hospital CEO for offenses including mail fraud, wire fraud, health care fraud and major fraud against the United States.
• Prosecuted a $56 million home health care fraud scheme, resulting in conviction of 13 defendants, including home health care agency owners, administrators, doctors, patient recruiters and a registered nurse. Nine defendants pleaded guilty. Four defendants — two doctors, an administrator and registered nurse — were convicted at trial.
• Prosecuted a $34 million home health care fraud scheme, resulting in conviction of a doctor and a home health care agency owner at trial.
• Supervised investigations of acute care and psychiatric hospitals and their executives, home health care agency owners, group home operators, doctors, and patient recruiters.
• Prosecuted former DEA agents for offenses involving narcotics distribution, robbery, firearms, obstruction of justice, perjury, falsifying records and conversion.

Faculty Positions

• University of Pennsylvania Carey Law School, Lecturer in Law: Federal Prosecution in Practice (Spring 2020 and Spring 2021), Government Enforcement Litigation (Spring 2023 and Spring 2024)