David M. Eskew

David is an accomplished trial attorney, a seasoned criminal and civil litigator, and a trusted advocate to both individual and institutional clients. 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 a track record of success on the defense side, having obtained multiple dismissals and deferred prosecutions in both the federal and state systems. In every case, David brings exceptional subject matter expertise following a 12-year career as a federal prosecutor at two U.S. Attorney Offices where he held multiple supervisory positions and led some of the country’s most significant criminal and civil prosecutions.

For his work on the defense side, 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 has handled numerous high-profile fraud cases on behalf of individual and institutional clients, including charged individuals, investigative targets and subjects, and subpoenaed persons and entities. David navigates his clients through high-stakes investigations with zealous advocacy, an honest, evidence-based approach, and compassion for and attention to his clients’ needs and unique situation.

David routinely serves as pool counsel or individual counsel in complex federal investigations of institutional clients, with a particular expertise in parallel criminal and civil healthcare fraud investigations and qui tam (whistleblower) actions. He has extensive experience in representing professionals, including doctors, pharmacists, nurses, and attorneys. David also has experience representing c-suite executives, board members, and current and former employee groups. David’s institutional clients have included large publicly-traded companies, hospital systems, laboratories, medical practice groups, pharmaceutical companies, and pharmacies, among others. In every case, David’s goal is to formulate a realistic, evidence-based strategy without unnecessary expense and inefficiency. David also has a robust civil practice where he handles commercial disputes mainly on behalf of healthcare clients.

Before co-founding AEL, David had a distinguished career as a federal prosecutor in two different U.S. Attorneys’ Offices – the Eastern District of New York (EDNY) and the District of New Jersey (DNJ). He held multiple supervisory positions, including Chief of the Healthcare and Government Fraud Unit and Deputy Chief of the Criminal Division. David also served in both the Civil and Criminal Divisions and supervised both civil and criminal investigations, giving him unique expertise and insight in federal parallel investigations and cases.

Representative Matters

David’s exceptional results and representative matters include:

  • Obtained dismissal of all federal criminal charges alleging violations of the Antikickback Statute (AKS) against client operating a mobile COVID-19 testing business. Read more about the case here.
  • Obtained deferred prosecution and 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.
  • Obtained deferred prosecution of federal assault charges filed against Special Agent with federal law enforcement.
  • Obtained an administrative civil-only resolution in a New York State Department of Health investigation related to fraud in the reporting of vaccinations for school-age children.
  • Negotiated stipulated plea and probationary 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. The State also returned approximately $1 million in restrained assets and negotiated a contemporaneous resolution with NY OPMC regarding the doctor’s continued use of his NY State Medical License. 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.
  • Representing hospital system defendant in civil qui tam lawsuit alleging violations of the federal False Claims Act (FCA) and Antikickback Statute (AKS).
  • Pool counsel in federal parallel criminal and civil investigation of publicly-traded diagnostic laboratory company regarding alleged violations of the Antikickback Statute (AKS).
  • 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 pharmacy owner in federal criminal healthcare fraud indictment in the SDNY.
  • Representing ophthalmologist and his medical practice in federal parallel criminal and civil investigation in DNJ.
  • Representing high-profile defendant in federal cybercrime/bank fraud/computer fraud case in EDNY.
  • Represented former New York City Police Officer in corruption and commercial bribery case in EDNY.
  • Represented client in securities fraud investigation conducted by the SEC related to cannabis investment startup.
  • 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 and experienced defense attorney, David has been on both sides and has a deep understanding of how federal criminal cases are put together and deconstructed. David takes a practical, no-nonsense and evidence-based approach that seeks to attack the government’s factual assumptions and legal conclusions . David has achieved incredible results for AEL’s clients, including multiple dismissals and deferred prosecution in charged cases. David is an expert in the federal sentencing Guidelines and an experienced negotiator. He has obtained exceptional plea deals, including probationary and below-Guidelines sentences in several charged cases. David has also steered investigations to declination and civil-only resolutions, taking advantage of his extensive knowledge of both the criminal and civil aspects of federal 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.