Lazarus

David G. Lazarus

Partner
Boston

Former federal prosecutor and trial lawyer defending healthcare companies and executives in DOJ investigations, False Claims Act matters, and government enforcement actions

David G. (“Dave”) Lazarus is a white-collar defense, government investigations, healthcare enforcement, and False Claims Act trial lawyer. He represents healthcare providers, pharmaceutical companies, medical device manufacturers, laboratories, telemedicine companies, hospice agencies, home health agencies, durable medical equipment (DME) providers, executives, and other organizations in DOJ investigations, qui tam litigation, healthcare fraud matters, government enforcement actions, and complex criminal and civil proceedings.

A former Assistant U.S. Attorney in both Massachusetts and the Middle District of Florida and former Chief of the Asset Recovery Unit for the U.S. Attorney's Office in Massachusetts, Dave brings more than 20 years of experience handling high-stakes federal and state investigations, trials, and enforcement matters. He regularly advises clients facing grand jury subpoenas, Civil Investigative Demands (CIDs), search warrants, regulatory investigations, and parallel civil and criminal proceedings.


Dave is ranked by Chambers USA in Litigation: White-Collar Crime & Government Investigations and Healthcare. He is a Fellow of the Litigation Counsel of America, is recognized by Massachusetts Super Lawyers for White Collar (2026), and was named a 2026 Go To Lawyer for Life Sciences by Massachusetts Lawyers Weekly.

Key Areas of Experience

  • False Claims Act and qui tam defense for healthcare providers, pharmaceutical companies, device manufacturers, and laboratories, from the seal period through trial
  • DOJ and state attorney general investigations, including grand jury subpoenas, Civil Investigative Demands (CIDs), and search warrants
  • Criminal defense and trial counsel in federal healthcare fraud, white-collar, and public corruption matters
  • Civil and criminal asset forfeiture, restitution, and fines, including matters involving cryptocurrency
  • SEC and CFTC enforcement, and Massachusetts Attorney General Chapter 93A consumer protection actions

Former Federal Prosecutor and Trial Lawyer

Before entering private practice in 2021, Dave spent more than 16 years as a prosecutor and trial lawyer, including nearly a decade as an Assistant United States Attorney in Massachusetts and Florida. He served as Chief of the Asset Recovery Unit in the U.S. Attorney's Office in Boston, where he led complex healthcare fraud, white-collar, asset forfeiture, and financial litigation matters.

Today, Dave draws on that experience to represent companies, healthcare organizations, executives, physicians, and other professionals facing government scrutiny. He helps clients navigate investigations, assess risk, respond strategically to enforcement actions, and pursue favorable resolutions, whether through declinations, negotiated settlements, or trial.

Dave is also a seasoned trial lawyer both as  defense attorney and, before that, a prosecutor. He has handled significant matters in federal and state courts throughout his career and approaches every engagement with trial readiness in mind. Among other notable representations, he served as one of the lead trial lawyers in the 53-day federal racketeering trial involving the founder of Insys Therapeutics, one of the nation's most prominent healthcare fraud prosecutions. He is frequently called upon to join matters shortly before trial to develop strategy, prepare key witnesses, and serve as trial counsel.

Healthcare Enforcement, False Claims Act, and Government Investigations

A substantial portion of Dave's practice focuses on healthcare and life sciences enforcement matters. He represents healthcare providers, physician groups, hospitals and health systems, pharmaceutical and biotechnology companies, medical device manufacturers, laboratories, telemedicine companies, payors, recovery treatment centers, and healthcare executives in government investigations, enforcement actions, and complex litigation.

Dave regularly advises clients in False Claims Act investigations and qui tam litigation, guiding them through seal-period investigations, Civil Investigative Demands, government subpoenas, intervention decisions, settlement negotiations, and trial. His experience includes matters arising under the federal False Claims Act as well as state false claims statutes, including those in Massachusetts, Florida, and New York.

He also counsels clients on compliance and enforcement issues involving the Anti-Kickback Statute, the Eliminating Kickbacks in Recovery Act (EKRA), reimbursement requirements, payment suspensions, and other healthcare regulatory obligations.

White-Collar Defense, Regulatory Enforcement, and Asset Recovery

Dave represents companies and individuals in a broad range of white-collar, regulatory, and enforcement matters. His experience includes SEC and CFTC investigations, Chapter 93A matters, public corruption cases, money laundering allegations, sanctions and export-control investigations, and matters involving the Foreign Corrupt Practices Act (FCPA).

Drawing on his experience as former Chief of the Asset Recovery Unit, Dave also advises clients in civil and criminal asset forfeiture proceedings, restitution disputes, and financial penalty matters. He regularly represents clients challenging government seizures and works to reduce forfeiture exposure and financial penalties, including in matters involving cryptocurrency and digital assets.

He also advises clients on COVID-19 relief program investigations involving PPP, EIDL, Main Street Lending Program, and Provider Relief Funds, as well as cybersecurity incidents, business email compromise matters, complex commercial disputes, and arbitrations. Dave serves on the Criminal Justice Act (CJA) Panel for the District of Massachusetts.

Education

  • Seton Hall University School of Law, J.D., magna cum laude, Dean's Merit Scholar (2005)
  • Colgate University, B.A. (2000)
     

Bar and Court Admissions

BAR ADMISSIONS
  • Massachusetts
  • Florida
  • New York
COURT ADMISSIONS
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the District of Vermont
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Eleventh Circuit

Experience

False Claims Act and Qui Tam Defense
  • Won dismissal of False Claims Act complaint against wound care company.
  • Negotiated favorable settlement (single damages, avoiding treble damages) for a non-profit accused of False Claims Act violations in connection with first-draw and second-draw PPP loans.
  • Negotiated a favorable global resolution of civil False Claims Act and criminal liability for nationwide specialty pharmacy chain accused of federal healthcare offenses.
  • Advised academic medical center in defense of federal False Claims Act investigation into alleged research grant fraud.*
  • Defended home health agency in False Claims Act investigation into second-draw PPP loan funds, including responding to Civil Investigative Demands (CIDs) and written interrogatories.
  • Defended physician in connection with False Claims Act investigation involving Durable Medical Equipment (DME) and alleged violations of the federal Anti-Kickback Statute (AKS).*
  • Defended an alternative energy supplier against Massachusetts False Claims Act allegations brought by the Massachusetts Attorney General. Successfully negotiated a favorable consent decree.*
  • Defended compound pharmacy manufacturer against criminal and civil investigations conducted by the Department of Justice and the Food and Drug Administration (FDA), including alleged violations of the False Claims Act. Successfully negotiated a consent decree and declination of criminal charges.*
  • Defended genetic testing manufacturer in non-intervened qui tam litigation after the Department of Justice declined to intervene and the relator continued to pursue the civil action.
  • Defended large insurance company against False Claims Act investigation directed by the New York State Attorney General's Office (NYAG).
  • Advised several universities regarding the False Claims Act, Executive Orders (including EO 14173), and rapidly evolving DEI certification requirements. 
Government Investigations and Criminal Defense
  • Obtained dismissal of felony criminal charges and negotiated a rare misdemeanor plea bargain (including no-jail sentence) for the CEO of a telemedicine company accused in a federal indictment of sweeping healthcare fraud and related offenses.
  • Successfully negotiated a rare misdemeanor resolution for an executive under federal investigation for alleged felony offenses, including wire fraud, price gouging, and other federal criminal offenses related to the sale of personal protective equipment (PPE) during the COVID-19 lockdown.
  • Defended the CEO of multiple Durable Medical Equipment (DME) companies against federal criminal investigation resulting in no charges.
  • Defended the CEO of a genetic testing laboratory in connection with multi-jurisdictional DOJ investigation.
  • Defended the CEO of a marketing company under criminal investigation by DOJ in multiple jurisdictions relating to alleged violations of the Anti-Kickback Statute (AKS) and the Eliminating Kickbacks in Recovery Act (EKRA).
  • Served as sentencing counsel and assisted individual convicted of conspiracy to commit healthcare fraud with sentencing and financial penalties, including asset forfeiture and restitution.
  • Represented innocent family members of a convicted defendant and helped protect their rights during a lengthy and contested federal asset forfeiture proceeding.
  • Represented a company in connection with Department of Justice investigation of allegedly discriminatory hiring practices.*
  • Defended company against investigation conducted by the United States Commodities Futures Trading Commission (CFTC).*
  • Defended several public officials in connection with Department of Justice public corruption investigation.*
  • Defended senior executive against allegations related to the Foreign Corrupt Practices Act (FCPA).*
  • Defended medical professional against federal investigation of human trafficking.*
  • Defended individual accused of Twitter (X)-related market manipulation by the United States Securities and Exchange Commission (SEC).*
  • Defended senior executive indicted for Paycheck Protection Program (PPP) loan fraud.*
  • Defended real estate executive indicted for wire fraud and other offenses. Successfully obtained a favorable plea agreement and a significant departure from the United States Sentencing Guidelines.*
  • Obtained statutory immunity for individual in connection with DOJ grand jury investigation.
Healthcare Compliance Advice and Regulatory Defense
  • Defended pharmaceutical distributor against allegations by the DEA of violating the federal Controlled Substances Act and related regulations. Successfully negotiated a memorandum of agreement (probation) with no fine or penalty.
  • Defended pharmaceutical distributor against allegations by the Massachusetts Board of Pharmacy related to the distribution of controlled substances. Successfully negotiated a term of probation without financial penalty.*
  • Conducted internal investigation at long-term care pharmacy and provided compliance guidance to company management and the Board of Directors.*
  • Provided compliance and regulatory advice to multiple outpatient rehab facilities and sober homes (recovery houses).
  • Provided compliance and regulatory advice to European DME company looking to enter the United States market.*
  • Provided compliance and regulatory advice to numerous pharmaceutical manufacturers in connection with pre- and post-market activities, sales and marketing, overall compliance, and in particular, compliance with the Anti-Kickback Statute (AKS) and utilization of AKS safe harbors.
  • Provided guidance to neurotechnology company in connection with the safe harbors to the Anti-Kickback Statute (AKS) and consulting agreements.
  • Provided guidance to electronic health vendor in connection with provider enrollment agreements, pricing, and overall compliance with the Anti-Kickback Statute, the Stark Law, and other state and federal regulations.
  • Advised company in connection with potential financial irregularities and receipt of targeted phishing attack, including direction of an internal forensic audit and cyber breach investigation.
Commercial and General Litigation
  • Represented at trial a commercial landlord seeking to enforce a significant guarantee of a commercial lease. Obtained complaint trial victory for the Client, including full monetary damages, pre-and-post judgment interest, and an award directing the opposing party to pay and reimburse the Client's legal expenses. 
  • Represented a multi-national e-commerce company in litigation with a supplier. 
  • Represented a cannabis company in multi-day confidential arbitration proceedings related to a significant financial dispute with its landlord.
  • Represented a cannabis company in a dispute relating to the enforcement of a purchase and sale agreement. Successfully assisted in negotiating a pre-litigation, mutually beneficial, resolution. 
  • Defended national insurance company in consumer protection action, including during discovery and during a lengthy bench trial against civil complaint brought by the Massachusetts Attorney General alleging violations of Massachusetts Chapter 93A through deceptive advertising and deceptive sales practices. Conducted lengthy bench trial in the Business Litigation Session of the Massachusetts Superior Court.
  • Defended health insurer in payment dispute litigation with out-of-network provider group. Responded on behalf of the client with a robust counterclaim alleging fraud and other serious misdeeds by the out-of-network provider group. Negotiated favorable resolution.
  • Represented commercial landlord in high-value lease guaranty enforcement action, including multi-day bench trial in Massachusetts Superior Court.
  • Defended cannabis company in confidential arbitration regarding an ongoing significant lease dispute with landlord. Presented robust counterclaim against the landlord alleging multiple breaches of contract and raised other important defenses.
  • Represented food manufacturer against threatened class action based on allegedly mislabeled product packaging.*
  • Defended individuals against litigation alleging unjust enrichment, fraud, constructive trust, fraudulent conveyance, and promissory estoppel.
  • Represented plaintiff in federal litigation seeking a Temporary Restraining Order (TRO) and Permanent Injunction (PI) to prevent state agency from implementing new Medicaid regulations.
Civil Forfeiture and Financial Penalty Defense
  • Represented claimant in civil forfeiture litigation seeking release and return of bitcoin and other cryptocurrencies seized by the federal government. 
  • Served as specialty co-counsel for financial penalties in defense of a corporate executive with significant assets awaiting federal sentencing for fraud and related offense. Negotiated favorable asset forfeiture and restitution agreement and an asset liquidation agreement with scheduled payment plan to resolve uncertainty caused by the government’s efforts to collect restitution and assets for forfeiture. 
  • Represented individual in negotiations with U.S. Attorney’s Office regarding collection of financial penalties after he served a lengthy jail sentence.*
  • Successfully convinced the U.S. Attorney’s Office to forego restitution in a criminal action by arguing against the application of the Mandatory Victims Restitution Act (MVRA - 18 U.S.C. §3663A) and the Discretionary Restitution Act (18 U.S.C. §3663).
  • Consulted on criminal asset forfeiture aspects of criminal defense where the prosecutor sought to forfeit an individual’s primary residence. 
International Trade and National Security
  • Defended individual under federal indictment for alleged violations of the sanctions against Russia.*
Matters marked with an asterisk (*) were handled at a prior firm.

PROFESSIONAL EXPERIENCE
  • Foley Hoag LLP, Partner, Boston, Massachusetts.
  • United States Attorney’s Office, District of Massachusetts, Boston — Assistant United States Attorney, Civil and Criminal Divisions; Health Care Fraud Unit; Chief of the Asset Recovery and Asset Forfeiture Units. 
  • United States Attorney’s Office, Middle District of Florida — Assistant United States Attorney, Criminal Division. 
  • Bronx District Attorney’s Office, New York — Assistant District Attorney; Gang, Major Case & Homicide Bureau; Trial Bureau; Grand Jury Bureau; Criminal Court Team Leader. 

Honors & Involvement

HONORS
  • Chambers USA, Litigation: White-Collar Crime & Government Investigations; Healthcare
  • Best Lawyers, Litigation - Healthcare (2027)
  • Massachusetts Super Lawyers, White Collar (2026)
  • Fellow, Litigation Counsel of America; Faculty, ABA False Claims Act Mock Trial Institute
  • Law360 Massachusetts Editorial Board Member (2025)
  • Massachusetts Lawyers Weekly, Go To Lawyer for Life Sciences (2026)
INVOLVEMENT
  • Law360 Massachusetts Editorial Board Member (2025)
  • Fellow, Litigation Counsel of America
  • Faculty, American Bar Association False Claims Act Mock Trial Institute

Speaking Engagements

  • Panelist, "Enforcement Trends and Litigation Risks in Life Sciences - 2025 and Beyond," Foley Hoag's Boston Life Sciences Summit (October 2025)
  • Faculty, ABA False Claims Act Mock Trial Institute, Washington DC (October 2024)
  • Panelist, "White Collar Crime, Sentencing, Forfeiture & Restitution," District of Massachusetts CJA Training (February 2023)
  • Judge, American Mock Trial Association, Chestnut Hill Regional Tournament, Boston College (February 2023)
  • Guest, College Admissions Sentencing, Dan Abrams Live, NewsNation (January 2023)
  • Panelist, "The Successful Prosecution of the Executives of Insys Therapeutics," Florida Bar Association (December 2022)
  • Guest Speaker, Seton Hall University School of Law Health Care Fraud Seminar (Annually 2022-2024)
  • Panelist, "Federal and State Enforcement and the Opioid Crisis," Healthcare Enforcement Compliance Conference (November 2022)
  • Panelist, "False Claims Act Update: Health Care Fraud & Abuse," American Health Lawyers Association (October 2022)
  • Panelist, ABA 32nd Annual National Institute on Health Care Fraud (June 2022)
  • Panelist, "Telehealth Fraud Enforcement Trends and Implementation of Compliance Best Practices" (June 2022)
  • Panelist, "Cryptocurrency and Money Laundering," Boston Bar Association, White Collar Crime Conference (May 2022)
  • Panelist, "Telehealth Enforcement," Health Care Compliance Association: 26th Annual Compliance Institute (March 2022)
  • Panelist, Virtual 22nd Pharmaceutical and Medical Device Ethics & Compliance Congress (Nov. 2021)
  • Panelist, Virtual Compliance Congress for Specialty Products (event) (June  2021)
  • Guest Speaker, DOJ Agent and Investigator Training, Parallel Criminal/Civil Investigations in Health Care (virtual) (June 2021)
  • Guest Speaker, Asset Forfeiture in Health Care Fraud Investigations, FBI Health Care Fraud Agent Training (Webex May 2021)
  • Panelist, Asset Forfeiture Chief’s and Experts Conference, Department of Justice (virtual) (May 2021)
  • Guest Speaker, Seton Hall University School of Law Health Care Fraud Seminar (virtual April 2021)
  • Panelist, "Government Contract Investigations," Federal Bar Association (February 2021)
  • Panelist, "Enforcement During the COVID Era," American Bar Association Health Care Fraud Institute (virtual November 2020)
  • Panelist, "Government Enforcement Trends," 21st PCF Annual Pharmaceutical and Medical Device Ethics & Compliance Congress (virtual November 2020)
  • Panelist, "Parallel Criminal and Civil Investigations," DOJ (Webex June 2020) (approximately 1,000 attendees)
  • Speaker, "Prosecuting Corporate Executives," FBI Health Care Fraud Agent Training (Webex June 2020)
  • Speaker, "Prosecuting Corporate Executives," DOJ Health Care Fraud Strike Force Training (Webex May 2020)
  • Speaker, Department of Justice 2020 Opioid Summit, Washington, D.C. (March 2020)
  • Regularly presented on various topics at Criminal and Civil Division Meetings at the United States Attorney’s Office
  • Moderator, Department of Justice Civil Division Chief Conference, Columbia, SC (Feb. 2020)
  • Panelist, "Complex Multi-Defendant Litigation," Boston Bar Association White Collar Crime Conference (January 2020)
  • Speaker, Department of Justice Fraud Section Annual Conference, Washington, DC (November 2019)
  • Guest Speaker, "Courtroom Technology at Trial," United States Attorney’s Office, District of Maine, All-Hands Retreat, Rockport, Maine (September 2019)
  • Guest speaker, Harvard Summer School, The Opioid Epidemic (July 2019 & July 2020)
  • Guest speaker, United States Marshals Service Asset Forfeiture Financial Investigator Training, Orlando, FL (May 2019)
  • Guest speaker, City Police Chiefs, Everett, MA (January 2019)
  • Guest Speaker, Asset Forfeiture, Boston CJA and Private Counsel Training, (Fall 2018)
  • Guest speaker, International Association of Financial Crime Investigators (IAFCI), Canton, MA (Fall 2017)
  • Guest lecturer, Financial Fraud Investigations Course, Southwest Florida Public Safety Academy, Fort Myers, Florida