David M. Eskew

David is an accomplished trial attorney, a seasoned criminal and civil litigator, and a trusted counselor to institutions and individuals. In every case, David combines a practical, no-nonsense approach with deep expertise in government enforcement and criminal matters. He formulates realistic and holistic litigation strategies that are designed to navigate the most complex and difficult cases and achieve the best possible outcomes, all while avoiding unnecessary inefficiencies and waste. His practice focuses on white collar criminal defense, parallel criminal and civil government investigations and enforcement matters, and complex commercial litigation. David has experience in both criminal and civil cases across a broad spectrum of white-collar specialties, including healthcare fraud; government fraud; bribery; qui tam matters; bank, wire and mail fraud; cybercrime and computer fraud; identity theft; securities fraud; and tax fraud. David had a distinguished 12-year career as a former federal prosecutor in two different U.S. Attorneys’ Offices where he held multiple supervisory positions and prosecuted some of the country’s largest healthcare, government fraud, cybercrime and securities fraud cases.

White Collar Criminal Defense in Complex Fraud Cases

David defends both institutional and individual clients in 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. With a practical, no-nonsense and “evidence-focused” approach, David has achieved incredible results for AEL’s criminal defendant clients. In just the past year alone, David and his partner Ken Abell have successfully navigated clients out of pending federal criminal charges and negotiated civil-only resolutions, deferred prosecution, and misdemeanor pleas. In multiple cases in which clients were under investigation, AEL navigated those cases to declinations. Oftentimes, the best result is the result no one ever hears about. Simply stated, in high-stakes criminal prosecutions, results matter and 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. As Chief of the Health Care & Government Fraud Unit in the New Jersey U.S. Attorney’s Office, David 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 involving violations of Title 18 of the United States Code, the federal Anti-Kickback Statute (AKS), the federal False Claims Act (FCA), the Food Drug & Cosmetic Act (FDCA), the Health Insurance Portability & Protection Act (HIPAA), and the Foreign Corrupt Practices Act (FCPA). David was also responsible for managing New Jersey’s notable healthcare qui tam practice, making intervention and declination decisions on a wide variety of parallel civil and criminal healthcare investigations. Today, David represents large institutions and individuals in parallel cases and advises his clients on the precarious balancing act and myriad issues that arise in parallel cases.

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 – the Eastern District of New York (EDNY) and the District of New Jersey (DNJ). Over the course of his career in public service, David held multiple supervisor positions, including Chief of the General Crimes Unit, where he was responsible for supervising and training all new AUSAs in the District of New Jersey; Chief of the Health Care & Government Fraud Unit, where he supervised a team of both criminal and civil AUSAs investigating and prosecuting healthcare cases; and Deputy Chief of the Criminal Division, the number two position in the Criminal Division in the District of New Jersey. During his tenure as an AUSA, David tried several jury trials to verdict and prosecuted and supervised nationally-recognized fraud cases.

David regularly speaks at conferences and panels addressing the DOJ’s white-collar and healthcare enforcement policies and priorities, the federal Anti-Kickback Statute, the federal False Claims Act, 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.