David M. Eskew

Partner

(646) 970-7342

PRACTICE AREAS
GOVERNMENT SERVICE
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Assistant U.S. Attorney, U.S. Attorney’s Office, District of New Jersey (2012-2020)

Chief, Health Care and Government Fraud Unit (2018-2020)

Deputy Chief, Criminal Division (2018)

Chief, General Crimes Unit (2017-2018)

Deputy Chief, General Crimes Unit (2016-2017)

Assistant U.S. Attorney, Economic Crimes Unit, Computer Hacking and Intellectual Property Section (2013-2016)

Assistant U.S. Attorney, General Crimes Unit (2012-2013)

Assistant U.S. Attorney, U.S. Attorney’s Office, Eastern District of New York, Civil Division (2008-2012)

CLERKSHIPS
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Law Clerk to the Honorable Stuart M. Bernstein
United States Bankruptcy Judge
Southern District of New York

EDUCATION
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J.D., St. John’s University School of Law, Cum Laude (2004)

B.A., College of the Holy Cross, Cum Laude (2001)

ADMISSIONS
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New Jersey; New York

U.S. District Courts for District of New Jersey, Southern District of New York, and Eastern District of New York

U.S. Court of Appeals for the Second Circuit and Third Circuit

PUBLICATIONS & PANELS
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  • Moderator and Panel Member, ACI 9th Annual Advanced Forum on False Claims and Qui Tam Enforcement, “Cybersecurity Fraud: The New Frontier in FCA and Qui Tam Enforcement?” (June 2022)
  • Moderator and Panel Member, Heckell Inn of Court, “State and Federal Enforcement Priorities and Trials During COVID” (April 2022)
  • Panel Member, New York State Bar Association: 2021 Annual Meeting, “Launching and Growing a Boutique Firm: A View from the Trenches” (January 2021)
  • Moderator, Heckell Inn of Court, “The Annual Check-Up: Healthcare in 2020 and Where We Are Headed in 2021” (January 2021)
  • Co-Author, Propensity – Persuasion and Prejudice: A Look at “Other Acts” Evidence and What Defense Can Do About It, ABA Litigation Journal, Vol. 47, No. 2 (Winter 2021)
  • Panel Member, Heckell Inn of Court, Jury Selection Tips and Best Practices (March 2020)
  • Panel Member, CBI 8th Annual Compliance Monitoring, Audit & Risk Oversight Conference, “Enforcement Panel” (February 2020)
  • Panel Member, Pharmaceutical & Medical Device Investigations and Enforcement Conference (January 2020)
  • Panel Member, ACI 7th Annual Advanced Forum on False Claims and Qui Tam Enforcement, “Analyzing the Government’s Evaluation of a Qui Tam Action” (January 2020)
  • Panel Member, ACI 25th Annual Conference on Drug and Medical Device Litigation, “An Interview with the Enforcers” (December 2019)
  • Panel Member, CBI 16th Annual Pharmaceutical Compliance Congress (PCC), “The Past and Present Prosecutor Parley” (April 2019)
  • Panel Member, ACI 6th Annual Advanced Forum on False Claims and Qui Tam Enforcement, “Parallel Proceedings” (January 2019)
  • Panel Member, ACI 24th Annual Conference on Drug and Medical Device Litigation Conference (November 2018)
  • Panel Member, CBI Coupon and Copay Conference, “Enforcement Trends in Patient Assistance Programs” (September 2018)
  • Panel Member, National Health Care Fraud and Telemedicine Conference, “Recent Developments in Corporate Health Care Fraud Resolutions” (September 2018)
  • Panel Member, Securities and Exchange Commission, Cybercrime Panel (February 2017)
  • Speaker, Federal Bureau of Investigation Post-Blast Investigator’s School (June 2016)
  • Panel Member, ACI’s 9th National Advanced Forum on Cyber & Data Risk Insurance (September 2014)
  • Co-Author, SIVs, CDOs and Structured Products in Distress: Cross-Border and Other Issues for Lenders and Investors, The Americas Restructuring and Insolvency Guide 2008/2009 (June 2008)
  • Co-Author, Structured Products in Need of Restructuring: Solutions for Issues Facing Distressed SIVs, The New York Law Journal (March 3, 2008)
  • Co-Author, At the Crossroads: The Intersection of the Federal Securities Laws and the Bankruptcy Code, The Business Lawyer (November 2007)

David is an accomplished trial attorney, a seasoned criminal and civil litigator, and a trusted counselor to institutions and individuals. He combines a practical, evidence-based, no-nonsense approach with deep expertise in criminal and civil investigations, with a particular focus on parallel investigations; False Claims Act defense; healthcare fraud; bank and wire fraud; government fraud, including COVID-19 and SBA loan fraud cases; computer fraud and abuse; bribery and corruption cases; tax fraud; and, identity theft cases.

David has been recognized by Chambers USA for two years straight as a leading attorney in the categories of White Collar Crime and Government Investigations in both New York and New Jersey and for Healthcare. Clients describe David “as practical and smart” with “great judgment” and “a deep knowledge of government investigations relating to healthcare and the False Claims Act.” David also has a robust civil practice where he handles commercial disputes mainly on behalf of healthcare clients.

On the defense side, David has handled numerous high-profile fraud cases, obtained dismissals and deferred prosecution in charged cases in both the federal and state courts, and guided both individual and institutional clients through high-stakes investigations. In every case, David’s goal is to formulate a realistic, evidence-based strategy without unnecessary expense and inefficiency.

Before co-founding AEL, David had a distinguished 12-year career as a federal prosecutor in two different U.S. Attorneys’ Offices. He held multiple supervisory positions and prosecuted and supervised some of the country’s most significant fraud cases.

Representative Matters

David defends both institutional and individual clients in complex fraud cases and is an expert in parallel criminal and civil cases involving, among other things, violations of the federal False Claims Act (FCA), the Antikickback Statute (AKS), and securities laws. Below are a few examples of David’s representative matters:

  • Obtained dismissal of all federal criminal charges alleging violations of the Antikickback Statute (AKS) against client operating a mobile COVID-19 testing business.
  • Obtained dismissal of federal criminal indictment alleging healthcare fraud against physician and negotiated civil-only global resolution of the charges. AEL also resolved the underlying qui tam complaint. Read more about the case here.
  • Obtained dismissal of a felony healthcare fraud indictment for physician, who pled guilty to a superseding information charging him with a non-intent misdemeanor offense related to misbranded drugs. Doctor received a sentence of 1 year probation. Read more about the case here.
  • Negotiated stipulated plea and sentence in a several years-long state healthcare fraud indictment. Doctor pled to a lesser included offense on a single count of an 878-count indictment and received a sentence of probation and return of approximately $1 million in restrained assets. David also negotiated a contemporaneous resolution with NY OPMC. Read more about the case here.
  • Obtained dismissal of all charges in a loan fraud case on behalf of healthcare client in New Jersey State Court, Hudson County.
  • Served as pool counsel in federal parallel criminal and civil investigation of prominent diagnostic laboratory company regarding alleged violations of the Antikickback Statute (AKS).
  • Served as pool counsel in federal parallel criminal and civil investigation of national hospital system regarding alleged violations of the False Claims Act (FCA) and Antikickback Statute (AKS).
  • Steered parallel criminal/civil fraud and False Claims Act (FCA) investigation involving a chiropractor to a global civil-only resolution.
  • Representing c-suite executive in indicted healthcare fraud case related to compounding pharmacy alleging healthcare fraud conspiracy and violations of the Antikickback Statute (AKS).
  • Representing multiple physicians in connection with federal HIPAA subpoenas.
  • Representing high-profile defendant in federal cybercrime/bank fraud/computer fraud case.
  • Served as testifying expert witness in an arbitration proceeding related to matters arising under the False Claims Act (FCA) and Antikickback Statute (AKS).

White Collar Criminal Defense in Complex Fraud Cases

As a former federal prosecutor, David has a deep understanding of how federal criminal cases are put together and has successfully applied that experience to deconstructing investigations on the defense side. David takes a practical, no-nonsense and evidence-based approach that seeks to attack the government’s factual assumptions and conclusions regarding the conduct of AEL’s clients. On the defense side, David has achieved incredible results for AEL’s charged criminal defendant clients, including dismissal of charges, deferred prosecution, and probationary pleas. David has also steered investigations toward declination and civil-only resolutions, taking advantage of his extensive knowledge of both the criminal and civil aspects of federal healthcare investigations. Oftentimes, the best result is the result no one ever hears about. In high-stakes criminal prosecutions, results matter and there is no substitute for subject-matter expertise. David and his partners have a proven track record of success.

Expert in Parallel Civil/Criminal Matters

David is an expert in so-called “parallel” cases in which the U.S. Department of Justice, state Attorneys General offices, and other federal and state agencies – sometimes together and sometimes separately – are investigating and prosecuting cases involving criminal, civil, and administrative penalties. David stands out among former prosecutors in that, as an AUSA, he handled and supervised both criminal and civil cases, gaining real experience in the myriad and unique issues that arise in parallel cases. He previously served as the Chief of the Health Care & Government Fraud Unit in the New Jersey U.S. Attorney’s Office, where he supervised a team of both criminal and civil AUSAs investigating and prosecuting cases against major multinational pharmaceutical companies, hospital systems, pharmacies, healthcare companies, doctors, and other medical professionals.

An Experienced, Hard-Nosed Litigator

David has personally litigated and supervised hundreds of complex civil and criminal cases. He has tried more than a dozen federal cases on both the prosecution and defense side. Against the backdrop of his extensive in-court experience, David crafts litigation strategies that are evidence-based, rooted in reality, and designed to win. He currently handles a wide variety of criminal and civil cases before the federal and state courts in New York, New Jersey, and elsewhere.

Prior Government Service and Thought Leadership

Prior to co-founding AEL, David had a distinguished 12-year career with two separate U.S. Attorney’s Offices – as a civil AUSA in the EDNY and a criminal AUSA in the DNJ. Over the course of his career in public service, David held multiple supervisory positions, including Chief of the General Crimes Unit, where he was responsible for supervising and training all new AUSAs in DNJ; Chief of the Health Care & Government Fraud Unit, where he supervised a team of both criminal and civil AUSAs investigating and prosecuting healthcare and government fraud cases; and Deputy Chief of the Criminal Division, the number two position in the Criminal Division in DNJ. During his tenure as an AUSA, David tried over a dozen jury trials to verdict and prosecuted and supervised nationally-recognized fraud cases. He specialized in healthcare, cybercrime, bank/wire fraud, securities fraud, tax fraud and other major fraud cases. Among his many highlights as a prosecutor, he was one of a team of prosecutors that investigated and charged the “Newswire” case, a cutting edge “hacking and trading” conspiracy in which cybercriminals infiltrated major newswire agencies and then sold stolen material nonpublic information to securities traders before press releases were made public. He investigated, prosecuted and tried one of the largest ever “brick and mortar” ATM skimming cases. And, he investigated and prosecuted the largest ever government fraud against the GI Bill.

David regularly speaks at conferences and panels addressing the DOJ’s white-collar and healthcare enforcement policies and priorities, the federal Anti-Kickback Statute (AKS), the federal False Claims Act (FCA), parallel proceedings, and corporate compliance. David has published articles in the ABA Litigation Magazine, the New York Law Journal, Law360, and other publications. David also taught a college course on Cybercrime.

Prior to joining the U.S. Attorney’s Office, David was an associate at a prestigious international law firm in New York City where he focused on creditors’ rights and restructuring matters. He also served as a Law Clerk to the Honorable Stuart M. Bernstein, Chief Judge, U.S. Bankruptcy Court, Southern District of New York.