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AEL obtains DPA from SDNY U.S. Attorney’s Office in Indicted Case.

January 21, 2021 - David M. Eskew

Abell Eskew Landau LLP (AEL) is proud to announce that it has obtained for its client, Dr. Feng Qin, a Deferred Prosecution Agreement (DPA) from the United States Attorney’s Office (USAO) for the Southern District (SDNY). Dr. Qin was previously indicted over two years ago with one felony count of health care fraud. So long as Dr. Qin complies with the terms of the DPA, which include entering into a civil settlement agreement and refraining from violating the law, the government has agreed to dismiss the indictment and no further prosecution will be instituted in the SDNY related to the conduct alleged in the indictment.

The DPA follows more than a year of intensive discussions, during which AEL presented mitigating and exculpatory evidence to the SDNY, and expressly recognizes that the government ultimately “determined that the interest of the United States and [Dr. Qin’s] own interest [are] best served by deferring prosecution in this District.” Dr. Qin is happy to move on with his life and career without a criminal conviction.

AEL founding partners Kenneth M. Abell and David M. Eskew, who served as lead counsel on Dr. Qin’s case, previously served as federal prosecutors and chiefs of the civil healthcare fraud unit in the U.S. Attorney’s Office for the Eastern District of New York (EDNY) and the criminal healthcare fraud unit in the U.S. Attorney’s Office for the District of New Jersey (DNJ), respectively, and are expert at handling parallel investigations and cases. As these results show, AEL is uniquely positioned to navigate parallel investigations and prevail upon the government that in appropriate circumstances civil resolutions can best serve justice. AEL currently represents multiple institutions and individuals (including physicians) in the midst of parallel federal investigations (both pre and post-charge), and in every case works tirelessly to achieve favorable outcomes for our clients.