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On February 28, 2025, Abell Eskew Landau LLP and FAMM filed an amicus brief in the U.S. Supreme Court in Carter v. United States.  This is the second brief filed by AEL and FAMM arguing that the United States Sentencing Commission’s recent policy statement, U.S.S.G. § 1B1.13(b)(6), is valid, proper, and within the scope of the Commission’s authority. The brief urged the Supreme Court to grant a petition for certiorari filed by Johnnie Markel Carter, who had sought a sentence reduction in the lower courts pursuant to 18 U.S.C. § 3582(c)(1)(A) (sometimes called the “compassionate release” statute). The district court denied relief and the United States Court of Appeals for the Third Circuit affirmed.     

Section 1B1.13(b)(6) provides that, when deciding whether a person has identified an extraordinary and compelling reason for a sentence reduction, courts may consider a later change in the law if the person has already served ten years of “an unusually long sentence” that, after full consideration of the person’s individualized circumstances, reflects “a gross disparity” between the sentence being served and the sentence likely to be imposed today. The Third Circuit’s precedent in this area reignites a division among the federal Courts of Appeals that § 1B1.13(b)(6) properly resolved, and it prevents many incarcerated people from even seeking to reduce lengthy sentences now acknowledged as unjust. The brief urges the Court to grant the petition in order to confirm the statutory authority of the Commission, the broad scope of courts’ sentencing discretion, and the relevance of changes in the law to motions seeking relief under § 3582(c)(1)(A).

The brief, which can be read in full here, reflects the firm’s commitment to seeking justice in sentencing and advocating for the rights of incarcerated persons.

The AEL team includes Jarrod Schaeffer, Olivia Jecklin, and Nafeesah Attah. The FAMM team includes Mary Price and Shanna Rifkin.

AEL and FAMM File Amicus Brief in Rutherford v. United States

On February 21, 2025, Abell Eskew Landau LLP and FAMM filed an amicus brief in the United States Supreme Court in Rutherford v. United States.  The brief urged the Supreme Court to grant a petition for certiorari filed by Daniel Rutherford, who had sought a sentence reduction in the lower courts pursuant to 18 U.S.C. § 3582(c)(1)(A) (sometimes called the “compassionate release” statute). The district court denied relief and the United States Court of Appeals for the Third Circuit affirmed, holding that a policy statement promulgated by the United States Sentencing Commission in 2023 permitting certain people to seek sentence reductions exceeded the broad authority that Congress expressly delegated to the Commission.     

The brief supports Petitioner’s argument that the Commission’s policy statement, U.S.S.G. § 1B1.13(b)(6), was valid, proper, and within the scope of the Commission’s authority.  Section 1B1.13(b)(6) provides that, when deciding whether a person has identified an extraordinary and compelling reason for a sentence reduction, courts may consider a later change in the law if the person has already served ten years of “an unusually long sentence” that, after full consideration of the person’s individualized circumstances, reflects “a gross disparity” between the sentence being served and the sentence likely to be imposed today. The Third Circuit’s decision reignites a division among the federal Courts of Appeals that § 1B1.13(b)(6) properly resolved, and it prevents many incarcerated people from even seeking to reduce lengthy sentences now acknowledged as unjust. The brief urges the Court to grant the petition in order to confirm the statutory authority of the Commission, the broad scope of courts’ sentencing discretion, and the relevance of changes in the law to motions seeking relief under § 3582(c)(1)(A).

The brief, which can be reviewed below, reflects the firm’s commitment to seeking justice in sentencing and advocating for the rights of incarcerated persons.

The AEL team includes Jarrod Schaeffer, Jeffrey Braun, Katherine Kulkarni, and Olivia Jecklin. The FAMM team includes Mary Price and Shanna Rifkin.

AEL attorneys David M. Eskew and Heather Suchorsky obtained a probationary sentence (no jail time) in a federal healthcare fraud case on behalf of a pharmacist client. The case, which had been indicted in the Eastern District of New York, was part of a broader healthcare fraud scheme in which the conspirators allegedly paid kickbacks to obtain over $100 million in pharmacy billings. At the sentencing hearing, the government sought a “Guidelines” sentence of nearly three years’ imprisonment and contested the defendant’s submission regarding his role in the broader conspiracy. AEL won the disputed role enhancement issue and obtained a further downward variance based upon several factors under 18 U.S.C. § 3553(a).

The favorable sentence ended a lengthy ordeal for the client, which included a years’ long investigation and an indictment that had been pending for nearly two years more.

The client described AEL’s work in the case: “I am incredibly grateful for the dedication and skill that AEL brought to my case. Their strategic approach, deep understanding of the law, and unwavering support made all the difference in achieving this outcome. It was a long and difficult journey, but their guidance gave me confidence every step of the way.”

AEL specializes in federal white-collar criminal defense with a particular expertise in parallel criminal and civil investigations involving individual and institutional healthcare clients ranging from doctors, pharmacists, and other healthcare professionals to large national hospital systems, laboratories, life sciences companies, and healthcare adjacent entities. AEL has an established track record of assisting clients in avoiding and minimizing federal charges and pushing back against federal prosecutors and agencies with an evidence-based, detail-oriented approach.

*** The foregoing may constitute attorney advertising and readers are cautioned that prior results do not guarantee future outcomes.

2024 was yet another banner year for AEL with noteworthy results for our clients, growth in several of our practice areas, and a slew of recognitions and honors. We are proud to share just some of the highlights from a truly memorable year at AEL.

Growing Our Team

In 2024, we added to our deep bench of litigators. In January 2024, Jarrod Schaeffer joined AEL as a Partner, Jeff Braun joined as Counsel, and Olivia Jecklin joined as an Associate. Jarrod joined AEL after more than five years as an AUSA in the SDNY where he investigated and prosecuted cases involving corruption, fraud, and international money laundering. Jeff joined AEL following many years at a nationally renowned law firm. Jeff is a highly regarded litigator with broad experience handling commercial and business disputes. Olivia joined AEL from a top-ranked international law firm. AEL also welcomed two new paralegals, Veronica Banat and Charlotte Woods, both recent graduates with exceptional academic credentials. We are incredibly proud of our close-knit team and supportive culture and look forward to announcing more strategic additions to our team in the near future!

Noteworthy Cases and Results

In 2024, AEL continued its well-established track record of getting exceptional results in big cases. Here are just a few examples of our noteworthy results from 2024 and ongoing matters:

False Claims Act and Complex Civil Litigation

• AEL obtained a civil-only settlement under the False Claims Act on behalf of a nursing home system that owned and operated more than a dozen skilled nursing facilities in the New York region and elsewhere. The highly favorable settlement resolved multiyear parallel criminal and civil investigations conducted by the U.S. Attorney’s Office for the Northern District of New York and the New York Attorney General’s Office. The case was handled by Ken Abell, Scott Glicksman, and Raquel Frier.

• AEL resolved a pending qui tam action in the Southern District of New York on behalf of a New York-based cardiologist who was previously convicted of criminal charges in connection with a billing issue. The case was handled by Ken Abell, Jarrod Schaeffer, and Kate Kulkarni.

• AEL procured the voluntary dismissal of all claims brought against multiple clients as part of a sprawling, multimillion dollar civil RICO action filed in New York federal Court. The case was handled by Scott Landau, Jarrod Schaeffer, and Jan Jorritsma.

• AEL represents the Chief Executive Officer of a large laboratory company in an intervened qui tam action in the Southern District of New York. The client provided institutional and mobile COVID-19 testing services in New York and beyond during the height of the pandemic. The case is being handled by Scott Landau, David Eskew, Scott Glicksman, and Olivia Jecklin.

• AEL represents the former Chief Executive Officer of a clinical laboratory in a declined qui tam action in the Eastern District of New York. The client’s laboratories provided services to medical practices and skilled nursing facilities. The case is being handled by Scott Landau and Scott Glicksman.

• AEL represents a major hospital system in a declined qui tam action pending in the District of New Jersey. The client operated joint ventures regarding skilled nursing care that are alleged to have violated the federal Antikickback Statute. The case is being handled by Ken Abell, David Eskew, Jan Jorritsma, and Olivia Jecklin.

• AEL represents a large health technology company in connection with a civil FCA investigation being conducted by the U.S. Attorney’s Office for the Eastern District of New York. The case is being handled by Ken Abell and Olivia Jecklin.

White Collar Criminal and Parallel Investigations

• AEL is representing Linda Sun, a former public official in the New York State Government, in a significant prosecution in the Eastern District of New York involving alleged violations of the Foreign Agents Registration Act, visa fraud, alien smuggling, and money laundering. The case is being handled by Ken Abell, Jarrod Schaeffer, and Scott Glicksman.

• AEL represents one of the country’s largest health systems in several ongoing criminal and civil investigations, including matters related to HIPAA, drug diversion, and False Claims Act investigations. Multiple investigations are pending in the Southern and Eastern Districts of New York, which are primarily being handled by Ken Abell, David Eskew, and Scott Landau.

• AEL negotiated a favorable plea deal and obtained a sentence of probation for a pharmacist indicted in the Eastern District of New York. The probationary sentence constituted a substantial downward variance from a recommended Guidelines range of three years’ imprisonment. The case was handled by David Eskew and Heather Suchorsky.

• AEL negotiated a favorable plea deal and obtained a sentence of time served for a Russian national in connection with a multimillion dollar computer fraud conspiracy prosecuted in the Eastern District of New York. The case was handled by David Eskew and Heather Suchorsky.  

• AEL successfully navigated the former owner of multiple pharmacies through plea negotiations and sentencing in a case indicted in the Southern District of New York. AEL negotiated a favorable plea deal and handled the sentencing, at which the client received a meaningful downward variance. The case was handled by David Eskew and Scott Glicksman.

• AEL obtained a sentence of 60 days’ imprisonment for a client convicted of leading a telecommunications fraud conspiracy. The case was prosecuted by the Southern District of California and then transferred to the Eastern District of New York for sentencing. The case was handled by David Eskew.
• AEL obtained a substantial downward variance for a physician-client who pleaded guilty in the District of New Jersey to healthcare fraud charges arising from a genetic testing laboratory scheme. The case was handled by David Eskew and Heather Suchorsky.

• AEL is serving as pool counsel on behalf of a large publicly-traded diagnostic laboratory services company in connection with a parallel investigation being conduct by the U.S. Attorney’s Office for the District of New Jersey. The case is being handled by David Eskew and Heather Suchorsky.

• AEL is serving as pool counsel to a large national health system in connection with a parallel investigation being conducted by the U.S. Attorney’s Office for the District of New Jersey. The case is being handled by David Eskew.

• AEL is representing a former employee of a durable medical equipment company who is being prosecuted in the District of New Jersey. The case is being handled by Ken Abell, David Eskew, and Scott Glicksman.

• AEL represents a large publicly-traded company in connection with an investigation being conducted by the U.S. Attorney’s Office for the District of New Jersey. The case is being handled by David Eskew.

Healthcare Regulatory and Transactional Matters

• AEL advised a prominent Article 28 diagnostic treatment center (DTC) in connection with a complicated transaction involving the restructuring of its facility lease and associated debts and obligations.    

• AEL defended a large not-for-profit multispecialty provider in connection with a third-party payor audit and overpayment demand. The payor’s initial overpayment demand was approximately $3.4mm, however, AEL’ convinced the payor that is allegations were baseless. The payor agreed to drop the audit and demand in its entirety and to close the file. The client paid $0 in overpayments.  

• AEL represented Ambulatory Surgery Centers in equity and asset sale transactions with private equity backed ventures and other provider entities. 

• AEL advised multiple healthcare providers and “healthtech” ventures in connection with regulatory and compliance questions and issues, including questions regarding HIPAA privacy and security, Antikickback and Stark Law compliance, Medicare conditions of participation, FDA regulatory matters, and New York State healthcare issues.

• AEL designed OMIG compliant compliance programs for practice groups and HIPAA compliance programs for healthcare providers and healthcare adjacent concerns.

• AEL advised a medical practice in connection with a data breach incident and associated issues and questions regarding breach notification, mitigation, and exposure. 

Awards, Recognitions and Accolades

In 2024, AEL received deserved recognition for its excellent work. Below are some highlights:

• In June 2024, AEL was once again ranked by Chambers USA as a leading law firm in Healthcare (NY), Specialist Litigation Firms in White Collar & Government Investigations (NY), and White Collar Crime & Government Investigations (NJ). Ken Abell, David Eskew, Scott Landau and Jeff Braun were all individually ranked in multiple categories.

• In July 2024, Jarrod Schaeffer was selected to the 2024 Lawdragon 500 X “Next Generation” list.

• In August 2024, Jarrod Schaeffer was named to Benchmark Litigation’s 40 and Under List.

• Also in August 2024, Best Lawyers honored Ken Abell, Scott Landau, Scott Glicksman and Raquel Frier as Best Lawyers in Health Care Law. AEL was also ranked as a Best Law Firm in Health Care Law.
• David Eskew and Jeff Braun were named to the Super Lawyers list. David Eskew was recognized as a Top Attorney in White Collar Criminal Defense. Jeff Braun obtained the honor for the 18th year in a row in the areas of Business Litigation, Land Use & Zoning and Environmental Litigation.

• Scott Landau became an Adjunct Professor of Law at Brooklyn Law School, where he co-teaches a seminar on Healthcare Regulation. 

We are enormously grateful for our continued success and to our clients who continue to trust us with important and sensitive matters. We are proud to zealously represent their interests and we are looking forward to an even better 2025. Happy New Year to all.

Best Lawyers® honored AEL and three of its attorneys again this year.

AEL has been recognized again by “Best Lawyers” as a 2025 “Best Law Firm” in the area of Health Care Law. Additionally, four AEL attorneys took home individual honors. Partners Ken Abell and Scott Landau were named “Best Lawyers” in the category of Health Care Law. And associates Scott Glicksman and Raquel Frier were each named “Ones to Watch.”

The Best Lawyers in America list is one of the most reputable and recognized rankings of attorneys across the nation. Those honored on the list are divided by geographic region and practice area(s) and their work undergoes a significant peer review process.

Best Lawyers: Ones to Watch in America recognizes associates and other attorneys who are at earlier stages of their careers for their impressive performance and professional excellence in private practice. Although slightly newer than the traditional The Best Lawyers in America list, Ones to Watch utilizes the same robust peer-review process and methodology.

AEL proudly recognizes partner Jarrod L. Schaeffer for his selection to Benchmark Litigation’s 40 and Under List. Jarrod, a former federal prosecutor who worked in the U.S. Attorney’s Office for the Southern District of New York, was included in the 2024 list recognizing the “top emerging talent in litigation” from across the United States.

This most recent selection continues a streak of prestigious honors for Jarrod in 2024. Earlier this year, Jarrod was recognized as a rising star in the legal profession by Lawdragon, which named him to their “500 X – The Next Generation” list. Jarrod joined AEL in 2024 and focuses his practice on white collar criminal defense, government investigations, internal investigations, and complex commercial litigation, with a particular focus on matters involving allegations of bribery and corruption, complex fraud, international money laundering, healthcare fraud and novel issues such as artificial intelligence (AI), cryptocurrency, and cybercrime.

AEL is proud to announce that Partner Jarrod R. Schaeffer was recognized as a rising star in the legal professional by Lawdragon, which named him to their “500 X – The Next Generation” list. The elite list of attorneys includes honorees from all over the world. Lawdragon is a leading producer of “best lawyer” guides that highlight and recognize the most effective lawyers in various industries and specialties, using a no pay-wall peer-reviewed methodology.

Jarrod joined AEL earlier this year in January 2024 and has immediately taken the lead on several complex federal white collar matters. Jarrod is a former federal prosecutor, having previously worked in the U.S. Attorney’s Office for the Southern District of New York. His practice is focused on white collar criminal defense, government investigations, internal investigations, and complex commercial litigation, with a particular focus on matters involving allegations of bribery and corruption, complex fraud, international money laundering, healthcare fraud and novel issues such as artificial intelligence (AI), cryptocurrency, and cybercrime. Since joining private practice, he has also become a thought leader, having published multiple articles in Law360 on emerging issues in campaign finance and AI.

AEL and four of its attorneys, including all three of its partners, were recognized in the 2024 Chambers USA Guide as a leading law firm and leading attorneys in multiple categories for the fourth year in a row.

In the 2024 Guide, which was released earlier today, Chambers ranked AEL in three categories:

• Healthcare (NY);

• Litigation: Specialist Firms in White-Collar Crime & Government Investigations (NY); and,

• Litigation: White-Collar Crime & Government Investigations (NJ).

In each category, AEL is ranked alongside some of the most prestigious law firms in the nation, including much larger law firms. Clients described the Firm as having “consistent talent across the board” that use a “reasonable, practical,” and “nimble” approach to “resolve difficult, nuanced matters” to “navigate the perils of potential criminal jeopardy.” As one client stated, “the entire group is fantastic.”

Chambers also recognized four AEL attorneys individually, including all three partners. Two of AEL’s partners – Ken Abell and Scott Landau – moved up in the Healthcare rankings. David Eskew moved up in the White-Collar Crime rankings and maintained his rankings in Healthcare. And Ken Abell obtained the White-Collar Crime ranking in NY for the first time. AEL’s Counsel, Jeff Braun, maintained his prestigious Band 2 ranking in Real Estate: Litigation as well. AEL’s continued success in the areas of healthcare, white-collar criminal defense, government investigations, and commercial litigation continue to place it among the nations’ top law firms of any size. Clients and peers stated that AEL consistently provides “client-centric” representation that is practical, focused, efficient, and incredibly effective. AEL continues to pride itself on being a boutique law firm with exceptional reach and expertise at a fraction of the price of larger law firms. We handle matters of various sizes, ranging from large healthcare and corporate clients to high-stakes individual matters. Regardless of the size of the matter, AEL maintains its signature and well-recognized responsive, practical, detail-oriented, evidence-based, and efficient approach. 

Chambers noted the glowing comments about AEL’s ranked attorneys. Ken Abell was described as a “truly remarkable attorney” who “can handle incredibly complex matters with ease and grace.” Clients noted Ken’s “strong government experience” and stated that he “provides excellent advice.” David Eskew was described as a “smart, practical, and very client-friendly” advocate who “delivers consistently excellent results.” As one client stated, David “is outstanding on the defense side. He cuts through issues, understands ridiculously complex material and applies his judgment to carve out a path.” Similarly, Scott Landau was described as a “brilliant attorney” who is “knowledgeable and responsive and has strong attention to detail.” And one client described Jeff Braun as “among the most sophisticated litigators in NYC working on land use and related matters” who is “able to focus in on the issues and cut straight to their heart.”

The complete rankings by Chambers USA appear below:

Firm-Wide Rankings

Healthcare (NY) – Band 5

Litigation: Specialist Firms in White-Collar Crime & Investigations (NY) – Band 3

Litigation: White-Collar Crime & Government Investigations (NJ) – Band 3

Kenneth M. Abell

Healthcare (NY) – Band 4

Litigation: Specialist Firms in White-Collar Crime & Investigations (NY) – Band 5

David M. Eskew

Litigation: White Collar Crime & Government Investigations (NJ) – Band 2

Litigation: White Collar Crime & Government Investigations (NY) – Band 5

Healthcare (NY) – Band 5

Scott R. Landau

Healthcare (NY) – Band 4

Jeffrey L. Braun

Real Estate: Litigation – Band 2

AEL Partner and former federal prosecutor (SDNY) Jarrod Schaeffer was interviewed by NPR’s Leila Fadel regarding the release of additional documents connected to the Jeffrey Epstein case.

The interview, which was featured on WNYC’s Morning Edition, was aired on on January 5, 2024. You can listen and read the full transcript here, or listen to the full audio below.  

AEL Partner and former federal prosecutor (SDNY) Jarrod Schaeffer was quoted in a recent article by ABC News regarding the challenges facing both the prosecution and defense lawyers in jury selection in the upcoming Trump “hush money” trial.

The article, which was published on March 11, 2024, is entitled “Attorneys face unprecedented challenge in selecting jury for Trump’s hush money trial.” You can read the full article courtesy of ABC News here.

AEL is proud to announce that it has been recognized by “Best Lawyers” as a 2024 “Best Law Firm” in the area of Health Care Law – New York City.  These rankings are based in part on responses and comments from our wonderfully supportive clients, just a few of whose comments are as follows:

• “Abell Eskew Landau is a small firm with world class expertise and knowledge. They do phenomenal work across a range of healthcare and corporate issues.”

• “Abell Eskew Landau is an outstanding boutique firm with deeply knowledgeable attorneys in the field of healthcare law. The firm’s team demonstrates a commitment to excellence, value and client service.”

• “Abell Eskew Landau is an amazing boutique specialty law firm. Very responsive, aggressive but diplomatic and overall, extremely effective.”

This honor follows on the heels of AEL’s recent recognition by Chambers USA as a leading law firm in Healthcare and White Collar Crime & Government Investigations, and its inclusion as a Best Law Firm for Health Care Law by U.S. News and World Report.

In addition, a number of AEL attorneys were individually named to the 2024 lists of Best Lawyers in America. Scott R. Landau was once again recognized as a “Best Lawyer” in the category of Health Care Law, and Scott Glicksman, Kate Kulkarni, and Raquel Frier were all recognized as “Best Lawyers: Ones to Watch in America.” 

About AEL

Abell Eskew Landau (AEL) is a boutique law firm specializing in government investigations and enforcement matters, whistleblower/qui tam cases, white collar criminal defense, regulatory and compliance counseling, sophisticated transactional matters, and complex commercial litigation, with a particular focus on the healthcare industry. Our lawyers have decades of combined experience as federal and state healthcare and white collar fraud prosecutors, as in-house counsel for an academic medical center, and as trusted outside counsel to hospitals and health systems, diagnostic and treatment centers, ambulatory surgery centers, nursing homes, private medical practices, professionals and executives, and healthcare tech startups. We leverage our unique experience to provide expert advocacy and innovative solutions to the most challenging problems faced by our clients. 

About Best Lawyers in America

The Best Lawyers in America list, having been published for more than three decades, is one of the most reputable and recognized rankings of attorneys across the nation. Those honored on the list are divided by geographic region and practice area(s) and their work undergoes a significant peer review process.

Best Lawyers: Ones to Watch in America recognizes associates and other attorneys who are at earlier stages of their careers for their impressive performance and professional excellence in private practice. Although slightly newer than the traditional The Best Lawyers in America list, Ones to Watch utilizes the same robust peer-review process and methodology.

To learn more about the review process utilized by Best Lawyers, please click here.

AEL attorneys Ken Abell and Heather Suchorsky successfully steered a federal felony investigation regarding potential criminal violations of the Food Drug and Cosmetic Act (FDCA) to a misdemeanor resolution and a probationary sentence with no fine. Over the course of a lengthy twenty-month period, federal prosecutors and law enforcement agencies in the Eastern District of New York (EDNY) were investigating the client – a Long Island-based import/export wholesale business – for two felonies: distribution of misbranded drugs and smuggling goods into the United States. AEL made several presentations to the EDNY and provided exculpatory information relating to the two felony charges, which led prosecutors to accept a non-intent misdemeanor plea under the FDCA from the client. At sentencing last month, the judge imposed a purely probationary sentence and rejected the imposition of any fine.

The client was comforted by the result and stated the following:

Over a challenging 20-month period, dealing with FDA and trade matters, I had the privilege of being represented by Ken and his excellent team. Ken, with his unending availability and insightful advice, made the entire process more manageable. He was consistently approachable, listened to all of my concerns attentively, and guided me towards the most beneficial solutions. Heather, a member of his team, displayed immense knowledge and demonstrated an impressive readiness[.] The satisfaction and relief I feel today would not have been possible without their expertise and commitment. I wholeheartedly recommend their services, especially to those dealing with FDA-related complexities. They bring experience, professionalism, and most importantly, empathy to their work.

This is not the first time AEL has resolved federal felony charges for a non-intent misdemeanor FDCA offense and a probationary sentence. In 2021, AEL previously secured dismissal of a felony healthcare fraud indictment against a doctor-client who pled guilty to a superseding information charging only the non-intent FDCA offense. The doctor also received a probationary sentence.

AEL specializes in federal white-collar criminal defense with a particular expertise in parallel criminal and civil investigations involving individual and institutional healthcare clients ranging from doctors, pharmacists, and other healthcare professionals to large national hospital systems, laboratories, life sciences companies, and healthcare adjacent entities. AEL has an established track record of assisting clients in avoiding and minimizing federal charges and pushing back against federal prosecutors and agencies with AEL’s signature evidence-based, detail-oriented approach.

Abell Eskew Landau LLP (“AEL”) is pleased to announce that the Firm and all three of its Partners were once again recognized in the 2023 Chambers USA Guide as a leading law firm and leading attorneys in multiple categories.

In the 2023 Guide, which was released earlier today, Chambers ranked AEL alongside some of the nation’s largest and most prestigious firms in the categories of Healthcare (NY); Litigation: White-Collar Crime & Government Investigations (NJ); and Litigation: Specialist Firms in White-Collar Crime & Government Investigations (NY).

Remarkably, AEL is the only top-ranked law firm in Chamber’s Healthcare (NY) rankings with less than 80 lawyers (AEL has 9) and only one of two law firms with less than 200 lawyers, making AEL a “unicorn” within the legal healthcare market. AEL is a powerhouse healthcare boutique that stands alone in its ability to deliver top-quality healthcare counsel with the unrivaled efficiency and responsiveness of a true boutique law firm.

Indeed, Chambers took particular note of AEL’s “thoughtfulness of approach and efficiency in delivering first-rate results.” With respect to white-collar criminal matters and government investigations, Chambers stated: “AEL has an excellent ability to handle complex white-collar and health regulatory matters.” One client noted, “[t]he Abell Eskew Landau team has terrific experience and a real understanding of how the government works.” Regarding healthcare matters, a client stated that AEL “lawyers have a breadth of experience and they know the subject matter well.”

Chambers also recognized AEL’s partners individually, ranking all three AEL partners as top attorneys for Healthcare (NY) and partner David Eskew as a top lawyer White-Collar Crime & Government Investigations in both NY and NJ. Clients and other attorneys lauded AEL’s partners, describing Scott Landau as “well informed, responsive, and able to clearly explain the risks and benefits of complex legal options in a way that is actionable.” One client described David Eskew as a “real sharp lawyer” and a “strong white-collar practitioner who knows how to interact with judges effectively.” Ken Abell was recognized as “incredibly responsive” and as having “a very strong knowledge of the law,” especially when it comes to “handling complex litigation in the healthcare space.”

AEL’s year-over-year Chambers ranking continues to place it among the nations’ top healthcare Firms, alongside some of the country’s largest and most well-known law firms. Nonetheless, AEL continues to pride itself on being a boutique law firm that specializes in healthcare and white collar parallel criminal and civil cases and government investigations, with a particular expertise in matters involving the False Claims Act (FCA), the Antikickback Statute (AKS), the federal Stark Law, and other healthcare-centric regulatory and enforcement matters. With a growing team of 9 lawyers and 2 paralegals, AEL is capable of handling any matter or client – no matter how large or small – while still maintaining its signature and well-recognized responsive, practical, detail-oriented, evidence-based, and efficient approach.

The complete rankings by Chambers USA appear below:

Abell Eskew Landau

Litigation (NJ) – Band 3

Healthcare (NY) – Band 5

Litigation: Specialist Firms in White-Collar Crime & Investigations (NY) – Band 3

Kenneth M. Abell

Healthcare (NY) – Band 5

David M. Eskew

Healthcare (NY) – Band 5

Litigation: White Collar Crime & Government Investigations (NJ) – Band 3

Litigation: White Collar Crime & Government Investigations (NY) – Band 5

Scott R. Landau

Healthcare (NY) – Band 5

New York, NY — On March 23, 2023, AEL secured a below-Guidelines sentence for its client, a NYC-based pain management physician who previously pled guilty for his role in an alleged fraud scheme in the Southern District of New York. As part of his negotiated guilty plea, he faced a maximum 10-year sentence and Guidelines range of 70 to 87 months. At the sentencing hearing, the Government sought a Guidelines sentence despite the presence of several mitigating factors.

The multi-defendant case–implicating a group of lawyers, doctors, and a litigation financier, among others–involved an alleged conspiracy to defraud businesses and insurance companies through the staging of accidents and unnecessary medical procedures to support fraudulent legal claims. At the sentencing hearing and in its sentencing memorandum, AEL argued that its client’s intent and conduct were substantially and meaningfully different from that of other members of the conspiracy, some of whom had already been convicted in a previous trial and sentenced to as much as 72 months in prison. AEL asked the Court to consider various mitigating factors relating to its client’s offense conduct and personal history and circumstances, urging the Court to impose a sentence of probation or in the alternative, a far lower custodial term than was called for by the Guidelines and sought by the Government. On behalf of its client, AEL submitted 77 letters from friends, family members, colleagues, and former patients to demonstrate that he was a generous and selfless person of extraordinary character.

After a 2-hour sentencing hearing and as a result of AEL’s arguments, the Court imposed a sentence of 36 months’ imprisonment, far below the terms received by defendants previously sentenced, nearly half of the applicable Guidelines range, and far lower than the sentence sought by the prosecutors. “Though the Court imposed a custodial sentence, we are grateful that the court took into account several factors that we asked it to consider,” said AEL partner Kenneth M. Abell in a press statement. AEL’s client “appreciates the careful consideration the court put into crafting its sentence and accepts and respects the judge’s decision.”

“From the outset, the team at AEL (Ken, Scott and Nora) treated me with dignity and respect,” said the client. “They never judged me for the decisions I made and instead focused on getting the best possible outcome.  They did a lot of hard work, learned the details of my case, negotiated a good plea agreement with the government and drafted a sentencing memorandum that explained my specific situation to the judge.  They also obtained permission for me to travel to Brazil for health and family reasons on three separate occasions after I was arrested. The sentence I ultimately received was far less than the government was seeking and I have the team at AEL to thank for that.  I’m forever grateful for their diligence, compassion and professionalism.”

The highly-publicized case, handled by partner Kenneth M. Abell, associate Scott Glicksman and paralegal Nora Maetzener, was covered by Law360 as well as various regional, national, and international news outlets.

For select coverage, see the following:

• NY Daily News Article Regarding the Plea
• Law360 Coverage Regarding Sentencing
• Law360 Coverage Regarding Sentencing Submissions

AEL has a robust white collar criminal defense practice that focuses on complex fraud investigations and prosecutions, with a particular expertise in healthcare and government fraud, securities fraud, bank and wire fraud, money laundering, and computer fraud. AEL also specializes in parallel criminal and civil investigations and cases, whistleblower/qui tam defense, and False Claims Act (FCA) and Antikickback Statute (AKS) cases. Partners Ken Abell and David M. Eskew lead the Firm’s White Collar Criminal Defense and Government Investigations and Enforcement Defense Practice Areas.

* This post contains attorney advertising. Prior results do not guarantee similar outcomes.

Brooklyn, New York – On February 15, 2023, a Kings County Judge sentenced an AEL client – a radiologist based on Long Island, New York – to a sentence of probation. As part of the global resolution of the charges, the Kings County District Attorney’s Office also agreed to release its restraints on the client’s home, car, and over approximately $1 million in assets held in nearly two dozen bank, credit and brokerage accounts. AEL also negotiated for the doctor to retain his medical license pursuant to the terms of a Consent Agreement that was negotiated with the New York Office of Professional Medical Conduct (OPMC) in conjunction with the entry of the client’s plea in this matter.

This global resolution and probationary sentence resolved a years’ long multi-defendant criminal case that began in 2017 and straddled (and was repeatedly delayed by) the COVID-19 pandemic. The client was originally charged in a sweeping 34-defendant, 878-count indictment that alleged, among other things, a $146 million healthcare fraud scheme. The client emphatically denied his involvement in the broader enterprise corruption conspiracy charged in the complaint and consistently maintained that he endeavored to improve the alleged conspirators’ medical practices rather than joining in a conspiracy with them. Over the course of many years, with the assistance of and in collaboration with the client, AEL succeeded in whittling away the State’s case and proofs. In December 2022, after extensive negotiation amongst the DA’s Office and AEL, the client pled guilty to a single count of healthcare fraud in the third degree – a lesser included offense of one of the counts of the indictment – admitting that he had wrongfully received in the aggregate more than just $10,000 from a single health plan. The parties stipulated to a probationary sentence, a $400,000 forfeiture, release of the remaining restraints on the client’s property, including the client’s home and more than $1 million in assets, and the maintenance of the client’s medical license.

The case was handled by AEL partner David M. Eskew and associate Julia H. Sear.  

AEL prides itself on its evidence-based approach to its defense of white-collar criminal and complex fraud cases and its particular expertise in achieving global resolutions in parallel criminal and civil investigations and cases that threaten not only criminal and civil penalties, but administrative and professional licensing issues as well.

On November 3, 2022, U.S. News & World Report announced that it had selected AEL as a Best Law Firm for Health Care Law in New York. According to U.S. News & World Report, “[a]chieving a tiered ranking in U.S. News – Best Lawyers “Best Law Firms” signals a unique combination of quality law practice and breadth of legal expertise. Ranked firms, presented in three tiers, are recognized on a national and regional-based scale. Firms that received a tier designation reflect the highest level of respect a firm can earn among other leading lawyers and clients from the same communities and practice areas.”

AEL is extremely proud to be a leader in representing and advocating for health care concerns. In the past year, AEL has advised clients of all sizes – from publicly-traded companies to individuals – on healthcare regulatory matters; healthcare transactions; parallel criminal and civil investigations arising under the federal False Claims Act (FCA), the Antikickback Statute (AKS), HIPAA, the “Stark Law,” and other federal and state statutes; white collar criminal cases involving doctors, pharmacists, and other medical professionals; and in high stakes commercial litigation. AEL’s lawyers have been qualified as experts by courts and tribunals in the areas of parallel investigations, the FCA, the AKS, and EKRA. Earlier this year, AEL was recognized by Chambers & Partners in the areas of Health Care Law and White Collar Criminal Defense and Government Investigations.

AEL is thrilled to announce that former federal prosecutor Heather Suchorsky, who spent five years in the U.S. Attorney’s Office for the District of New Jersey as a white-collar and gangs prosecutor, has joined Abell Eskew Landau LLP (AEL) as Of Counsel. Since its launch in 2020, AEL has become known as experts within the healthcare legal market and has built a thriving practice representing healthcare institutions, healthcare-adjacent technology companies, and healthcare professionals in federal and state investigations, civil enforcement matters, criminal cases, and insurance disputes. With the addition of Ms. Suchorsky, AEL expands its rapidly growing New Jersey practice and augments its expertise in the areas of securities fraud, bank fraud, and mortgage fraud cases.

Over the past three years, AEL’s partners Ken Abell, David Eskew and Scott Landau have built a well-rounded full-service healthcare law firm representing institutions and individuals, from publicly-traded companies and prominent hospital systems to local labs, medical practices, start-ups, and individual doctors and medical professionals. AEL has been recognized by Chambers & Partners as a top firm for both Healthcare and White Collar Crime and Government Investigations and each of AEL’s partners have been individually ranked. As recognized by Chambers, the Firm has experienced a “meteoric rise” and is already “one of the top-tier groups for healthcare and white-collar matters[.]” In the past three years, AEL has added four associates and two paralegals and built out an office space on Fifth Avenue in Manhattan.

With the addition of Heather Suchorsky, AEL adds to its deep bench of experienced federal practitioners. “Heather was among the finest AUSAs in the District of New Jersey, respected for her intelligence, work ethic, trial acumen and fairness,” said AEL partner David M. Eskew. “She brings to the Firm extensive trial experience and deepens our capabilities in the defense of financial crimes, including securities fraud, bank and wire fraud, and mortgage fraud. Perhaps more importantly, Heather adds another dimension to our Firm’s leadership and we are thrilled to welcome her.”

Heather served as a federal prosecutor in the U.S. Attorney’s Office for the District of New Jersey from 2017 to 2022. Most recently, she served in the Office’s Economic Crimes Unit, which handles complex financial crimes. Before that, Heather served in the Organized Crime and Gangs Unit where she specialized in the investigation and prosecution of violent organized street gangs. Before her time as a federal prosecutor, Heather clerked for the Honorable Kevin McNulty, U.S. District Judge for the District of New Jersey and worked at a large international law firm. She is a graduate of the University of Pennsylvania Law School, magna cum laude, and the University of Pennsylvania College of Arts & Sciences, summa cum laude.