David S. Schumacher

For health care providers and other health care industry clients that find themselves in the crosshairs of a government investigation, David Schumacher’s knowledge, advocacy, and guidance are invaluable. His extensive background in prosecuting and defending health care investigations and enforcement actions facilitates his robust and strategic representation and his ability to provide his clients with a clear path forward. 

David’s practice focuses on health care investigations of all types, including criminal investigations, False Claims Act lawsuits, and internal investigations. David’s hands-on approach is designed to minimize business disruption or avoid financial ruin and maximize the likelihood of an outcome that spares clients from financial, operational, or reputational damage. 

During his eight-year tenure as deputy chief of the Health Care Fraud Unit in the U.S. Attorney’s Office for the District of Massachusetts, David investigated some of the largest and most complicated health care fraud and abuse cases in the country involving pharmaceutical and medical device companies, home health care organizations, medical equipment companies, laboratories, physicians, and other health care providers. He routinely pursued cases involving violations of the Stark Law, False Claims Act, Anti-Kickback Law, HIPAA, and the Food, Drug, and Cosmetic Act, obtaining multiple convictions and recovering hundreds of millions of dollars on behalf of the government.

Through this experience, David gained a deep knowledge of how the government investigates a health care case. He also works with clients on proactive compliance measures to ameliorate conduct that could raise red flags if detected by the government; to stop a problem before it starts.  

David has earned a reputation among government attorneys for his substantive knowledge, professionalism, and candor. This helps him find workable and favorable resolutions with attorneys from the Department of Justice, the Department of Health and Human Services Office of the Inspector General, the Centers for Medicare and Medicaid Services, state attorneys general, and other agencies.

David also has extensive experience litigating qui tam whistleblower actions and conducting internal investigations and uses his prosecutorial and defense insights to help develop proactive compliance programs and strategies. 

Chambers USA notes that David attracts praise for his representation of health care providers in DOJ investigations and regulatory compliance matters. One client stated, “He has excellent negotiation skills and the ability to anticipate the moves of his opponent.” Another stated, “David is a great resource regarding healthcare enforcement and the Anti-Kickback statute in particular.”

Representative Experience

False Claims Act (“FCA”)

• Represented long-term care provider in FCA investigation; obtained declination and closure of investigation
• Represented New England-based hospital system in FCA investigation involving alleged kickbacks; obtained declination and closure of investigation
• Represented hospital system in FCA investigation involving allegations of fraudulent billing for clinical trials and kickbacks; obtained declination
• Represented New England-based hospital system in FCA investigation involving allegations of Stark Law and Anti-Kickback Law violations
• Represented medical supplier in FCA investigation; obtained favorable settlement
• Represented long-term care provider in Massachusetts Attorney General investigation
• Represented telehealth company in FCA investigation
• Represented provider of electronic health records in federal FCA investigation
• Represented consultant to the pharmaceutical industry in DOJ and U.S. Senate investigation
• Represented owner of home health companies in FCA investigation
• Represented former employees of a pharmaceutical company in FCA/kickbacks investigation
• Represented network of ophthalmology practices in FCA investigation
• Represented witness in FCA investigation involving kickbacks and potential patient harm
• Represented physician/“speaker” for a pharmaceutical company in FCA/kickbacks investigation

Criminal Experience

• Represented owner of hospices in federal criminal investigation
• Represented owner of home health companies in federal criminal investigation
• Represented owner of pharmacy and psychology center in investigation involving allegations of fraud/overbilling
• Represented principal of native American tribe in federal fraud investigation
• Represented substance abuse provider in DOJ investigation
• Represented executive director of surgery center indicted for alleged health care fraud
• Represented chiropractor indicted by a state Attorney General for alleged fraud

Other Experience

• Represented medical device company in state investigations related to allegations of overbilling and misbranding
• Represented chain of substance abuse providers in civil litigation against large insurance company
• Represented an individual before the Massachusetts Securities Division involving allegations of fraud and failure to register as a securities broker/adviser
• Counsel for Massachusetts Senior Care Association; advise on fraud & abuse issues