David A. Koenigsberg

Over a Billion Dollars Recovered

IF YOU BELIEVE THAT YOU HAVE INFORMATION ABOUT A FRAUD ON THE UNITED STATES OR A STATE OR LOCAL GOVERNMENT ENTITY, CONTACT THE LEADER OF OUR FALSE CLAIMS ACT PRACTICE, DAVID KOENIGSBERG, ESQ.

During his career, David has recovered over one billion dollars ($1,000,000,000) in false claims acts cases in which he has represented whistleblowers and the United States and various state and local governments. As a partner at our firm, David has successfully represented relator-whistleblowers in cases that have resulted in government recoveries of over $960 million. Prior to entering private practice, David was the Chief of the Affirmative Civil Enforcement Unit of the United States Attorney’s Office for the Southern District of New York where he represented the United States in False Claims Act cases that resulted in government recoveries of over $200 million.

In December 2018, David secured a $330 million settlement in a first-of-its kind tax fraud whistleblower case against Sprint Communications, Inc. The $330 million recovery is not only the largest ever recovered by the New York Attorney General in an action filed under the New York False Claims Act, but is also the largest recovery ever by a single state in an action brought under a state false claims act. The firm’s client received a $62.7 million relator share from the settlement.

Under both state and federal False Claims Act law, relators – the whistleblower who brings information to the government about the fraud on the government – is entitled to a share of the proceeds that the government recovers.

Representing Relator-Whistleblowers

In private practice as a partner at Menz Bonner Komar & Koenigsberg, LLP, David has represented whistleblowers in multiple successful qui tam suits, including:

• State of New York ex rel. French v. H&M Hennes & Mauritz, L.P. et al. , Index 101101/2016 (N.Y. County Supreme Court), which resulted in a $36 Million recovery for New York State.

• United States et al. ex rel. Omni Healthcare, Inc. v. Cardinal Health, Inc., et al. , No. 18-cv-12039 (D. Mass.), which resulted in a recovery of over $13 million for the United States and multiple states.

• New York ex rel. Empire State Ventures, LLC v. Sprint Communications, Inc. (N.Y. County Supreme Court 2018), which resulted in $330 million recovery for New York State.

• U.S., California, et al., ex rel. Perez v. Stericycle, Inc. (N.D. Ill. 2016), which resulted in recoveries for the United States and various states of over $29 million.

• U.S. ex rel. Cirrincione v. Tingley (N.D.N.Y. 2009), which resulted in a $540 million recovery for the United States.

• U.S., N.Y. ex rel. Gelfand v. Long Beach Medical Center, Special Care Hospital Management Corporation , et al., CV-02-6079 (E.D.N.Y.) and U.S., N.Y. ex rel. Montaperto v. New Parkway Hospital, et al. CV-05-4911 (E.D.N.Y.), which resulted in a $25.87 million aggregate recovery against six defendants.

• U.S., N.Y. ex rel. Faden v. Young Adult Institute (S.D.N.Y. 2012), which recovered $18 million in fraudulently obtained Medicaid funds from a provider of services to the developmentally disabled

• U.S., N.Y. ex rel. Kalyanaram v. New York Institute of Technology, et al. (S.D.N.Y. 2012), which recovered over $4 million arising from violation of the ban on incentive compensation payments resulting in false claims in connection with federal and state student loans and grants.

• U.S., Mass. ex rel. Schwarz v. Mass Eye & Ear Infirmary , 18-cv-10692 (D. Mass.) ($2.7 million recovery for United States and Massachusetts).

• U.S. ex rel. Shackford v. Public Consulting Group, Inc., et all, Civil Action No. 12-2437 (D.N.J.) ($2.5 million recovery for United States).

• U.S. ex rel. Everett v. Genpath Diagnostics, Bio-Reference Laboratories, Inc. , 10 Civ. 4212 (S.D.N.Y.) (almost $1.4 million recovery for United States).

• U.S., N.Y. ex rel. Dorman v. St. Luke’s Roosevelt Hospital, 08 Civ. 9716 (S.D.N.Y.) ($2.35 million recovery).

• U.S. ex rel. Weintraub v. Visiting Nurse Association of Brooklyn , CV 99-6109 (E.D.N.Y.) (over $1.8 million recovery for United States).

• U.S. ex rel. Doe v. Columbia University Medical School , 99 Civ. 5860 (S.D.N.Y.) ($480,000 recovered for United States).

• U.S. ex rel. Tawadrous v. Agave Bio Systems, Inc., 10 CIV 102 (N.D.N.Y.) ($300,000 recovery for United States).

Government Service

Prior to entering into private practice, David was an Assistant United States Attorney for the Southern District of New York from 1990 to 1999. In 1995, then United States Attorney Mary Jo White appointed him as the first head of the Office’s Affirmative Civil Enforcement Unit, with responsibility for supervising civil fraud cases, including qui tam False Claims Act matters. David also served as the Health Care Fraud Coordinator for the United States Attorney’s Office and was appointed as Senior Litigation Counsel in the Office.

As an Assistant United States Attorney David tried both jury and non-jury cases, and was lead trial and appellate counsel in a case against General Dynamics involving subcontractor kickbacks and false cost estimates in connection with government subsidies to construct LNG tankers. See United States v. Davis, 19 F.3d 770 (2d Cir. 1994). David also represented the United States in a False Claims Act settlement that recovered $182 million from an independent testing laboratory for unbundling charges for lab tests; a $15 million recovery from an academic medical center for overcharging the government for medical research overhead and indirect costs; an $8 million settlement with the City of New York’s Emergency Medical Services Department for fraudulently billing Medicare for ambulance services; and a multi-million dollar recovery from an international bank for fraudulently procuring loan guarantees from the Small Business Administration.

David’s work as an Assistant United States Attorney was recognized by the United States Attorney General’s Award for Distinguished Service, the Award for Superior Performance as an Assistant United States Attorney from the Director of the Executive Office for U.S. Attorneys, as well as awards for Exceptional Achievement and Integrity from the Office of Inspector General, Department of Health and Human Services.

Education and Other Activities

David is a graduate of Williams College, cum laude, and Fordham University School of Law, and served as a law clerk for Judge Peter K. Leisure of the United States District Court for the Southern District of New York.

David has lectured at Cornell Law School about the False Claims Act and has given numerous presentations on the False Claims Act to the legal profession. Click here for a list of Mr. Koenigsberg’s speaking engagements and publications.

Outside of his legal practice, David was elected in 2017 to serve as Village Justice for the Village of Dobbs Ferry, New York, a part time position, after he served 8 years as an elected Trustee for the Village of Dobbs Ferry.

Successes

• U.S. ex rel. Shackford v. Public Consulting Group, Inc., et all, Civil Action No. 12-2437 (D.N.J. Sept. 27, 2022) (settlement for $2.5 million).

• N.Y. ex rel. French v. H&M Hennes & Mauritz, L.P., Index No. 101101/16 (Supreme Court, N.Y. County; May 16, 2022) (settlement for$36 million).

• U.S., States ex rel. Omni Healthcare, Inc. v. Cardinal Health, Inc., et al., Case No. 18-cv-12039 (D. Mass., Jan. 31, 2022) (settlement for $13.125 million).

• U.S., Massachusetts. ex rel. Schwarz v. Mass Eye & Ear Infirmary, 18-cv-10692 (GAO) (D. Mass., April 19, 2021) (settlement for $2.7 million).

• U.S. ex rel. Everett v. Genpath Diagnostics, Bio-Reference Laboratories, Inc., 10 Civ. 4212 (S.D.N.Y., Sept. 28, 2020 (almost $1.4 million recovered).

• State of New York ex rel. Empire State Ventures, LLC v. Sprint Communications, Inc., Index No. 103971/2011 (N.Y. Sup. Ct., Dec. 20, 2018) (settlement of $330 million).

• U.S., N.Y. ex rel. Perez v. Stericycle, Inc., 08-C-2390 (N.D. Ill.) (Settlement for over $29 million -- Jan. 5, 2013 for N.Y. only for $2.4 million and in 2016 $26.75 million for U.S. and several states).

• U.S., N.Y. ex rel. Gelfand v. Long Beach Medical Center, Special Care Hospital Management Corporation, et al., CV-02-6079 (E.D.N.Y.); U.S., N.Y. ex rel. Montaperto v. New Parkway Hospital, et al. (E.D.N.Y.), CV-05-4911: Recovery April 2015 against Columbia Memorial Hospital for $580,000; April 2015 against Benedictine Hospital for $790,000; Dec. 2014 against Special Care Hospital Management Corporation for $6,000,000; Sept. 2012 against N.Y. Downtown Hospital for $13,400,000; and July 2008 against Our Lady of Mercy Medical Center: $4,500,000.

• U.S. ex rel. Reilly v. Catskill Regional Medical Center, Mt. Vernon Hospital, Applied Consulting, Inc., Cabrini Medical Center, 2000 Civ. 7906 (S.D.N.Y.) ($10,660,000 total recovery).

• U.S. ex rel. Cirrincione v. Tingley, et al., 98-CV-1929 (N.D.N.Y.); U.S. ex rel. Cirrincione v. Hamel, et al., 99-CV-2082 (N.D.N.Y.) ($540 million recovery for United States).

• U.S., N.Y. ex rel Faden v. Young Adult Institute, Inc., et al., 09 Civ. 5002 (S.D.N.Y.) ($18 million recovery).

• U.S., N.Y. ex rel. Kalyanaram v. N.Y.I.T. et al., 07 Civ. 9307 (S.D.N.Y.) (over $4 million recovered for United States and New York State).

• U.S., N.Y. ex rel. Dorman v. St. Luke's Roosevelt Hospital, 08 Civ. 9716 (S.D.N.Y.) ($2.35 million recovery).

• U.S. ex rel. Weintraub v. Visiting Nurse Association of Brooklyn, CV 99-6109 (E.D.N.Y.) (over $1.8 million recovery for United States).

• U.S. ex rel. Doe v. Columbia University Medical School, 99 Civ. 5860 (S.D.N.Y.) ($480,000 recovered for United States).

• U.S. ex rel. ABC v. Agave Bio Systems, Inc., 10 CIV 102 (N.D.N.Y.) ($300,000 recovery for United States).

Speaking Engagements

Panelist and Moderator, States of Opportunity, Taxpayers Against Fraud 22nd Annual Conference, Washington, D.C. (Oct. 28, 2022).

Panelist, "The Fine Art of Settling an FCA Case”, Federal Bar Association Qui Tam Section Zoom Roundtable (July 22, 2020).

Faculty, False Claims Act and Qui Tam Trial Institute 2019, American Bar Association, New York, NY (June 2019).

Guest Lecturer, Whistleblower Law: Deterring Fraud Against the Government, New York University Law School, Comparing models: The NYFCA, Professors Claire Sylvia and Erika Kelton (Apr. 15, 2019).

Panelist and Moderator, Multi-State, Non-Medicaid Cases, Sixteenth Annual Taxpayers Against Fraud Conference, Washington, D.C. (Sept. 16, 2016).

Speaker, Blowing the Whistle on Fraud: Dodd Frank and Other Whistleblower Laws, The Financial Executives Networking Group, New York, New York (Jan. 16, 2014).

Panelist, Blowing the Whistle on Fraud: Litigating Federal and New York False Claims Act and SEC Whistleblower Cases, N.Y. State Bar Association, New York, New York (Dec. 9, 2013).

Panelist, Litigating New York State False Claims Act Cases, N.Y. State Bar Association, New York, New York (Nov. 19, 2012).

Panelist, “Successful ‘Qui Tam’ Partnerships with the N.Y. Attorney General's Office,” Fighting Fraud Against the Government in the Empire State, Attorney General's Conference on the Strengthened New York False Claims Act, Qui Tam Actions & Enhanced Enforcement Efforts, New York State Office of the Attorney General, New York University, New York, New York (June 8, 2011).

Panelist, False Claims Litigation 2010, Health Care False Claims Act Cases: Is it a Federal Case? Is it a State Case? Is It All of the Above in Many Permutations, All at Various Stages of Development? Practicing Law Institute, New York, New York (Nov. 5, 2010).

Panelist, How to Reduce a Physician’s Risk of Investigation by Regulatory and Prosecutorial Agencies, Joint Meeting: Health Law Section, N.Y. State Bar Association & Medical Society of the State of New York (Queens, New York) (Oct. 11, 2000).

Panelist, A National Institute on the Civil False Claims Act and Qui Tam Enforcement, American Bar Association (Washington, D.C.) (Nov. 19-20, 1998).

Publications

“Inability to Identify Invoices Does Not Mandate Dismissal of FCA Complaints,” N.Y. Law Journal (Aug. 15, 2017).

“Key Legal Areas for Corporate Compliance Programs: Health Care Compliance Plans,” in T. Banks & F. Banks, Corporate Legal Compliance Handbook, Second Edition , Chapter 9 (2016) (Wolters Kluwer).

“New York unleashes new tax enforcement tool,” International Tax Law Review, www.internationalreview.com (July/August 2012).

Move Village Elections to November, Greenawalt, W.; Koenigsberg, D., N.Y. State Bar J. Nov./Dec. 2006, p. 24.

“A Compliance Plan Can Save Your Business!”, Westchester Physician, Vol. 14, No. 9 (Oct. 2002)

“Relator’s Share Under the False Claims Act,” N.Y. Law Journal, Vol. 222 No. 101 (1999).

The Standard of Proof in At-Large Vote Dilution Discrimination Cases After City of Mobile v. Bolden, 10 Fordham Urban Law Journal 103 (1981).

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