Scott R. Grubman

Scott R. Grubman

Scott R. Grubman

Partner

Location: Atlanta, Georgia
Phone: (404) 262-6505
Fax: (404) 261-2842
Contact: sgrubman@cclblaw.com

Scott Grubman is a former Assistant United States Attorney and DOJ Trial Attorney who represents businesses and individuals across a wide variety of industries in connection with government and internal investigations, False Claims Act litigation, and white collar criminal defense.

Much of Mr. Grubman’s practice involves representing healthcare clients of all types and sizes in connection with high-stakes government investigations – both criminal and civil – by agencies including the U.S. Department of Justice, HHS-OIG, the FBI, and state Medicaid Fraud Control Units.  Mr. Grubman also has extensive experience representing healthcare providers in connection with administrative proceedings, audits, and general healthcare regulatory matters, particularly those related to the False Claims Act, Stark Law, and Anti-Kickback Statute.

Mr. Grubman also regularly represents clients who are being investigated for, or who have been charged with, federal crimes, including fraud, embezzlement, theft, and public corruption.  He has first-chaired criminal and civil jury trials in both federal and state court, and has handled numerous criminal and civil appeals.

After graduating from law school summa cum laude and clerking for two federal judges (both district and circuit courts), Mr. Grubman was accepted into the Attorney General Honor’s Program, first serving as a Trial Attorney for the U.S. Department of Justice in Washington, D.C., and then as an Assistant U.S. Attorney (AUSA) in Savannah, Georgia. As an AUSA, Mr. Grubman investigated and prosecuted healthcare and other white collar fraud cases, and was a member of his district’s Healthcare Fraud Taskforce.  Mr. Grubman also represented the United States as lead counsel in dozens of cases in both federal District Court and before the Eleventh Circuit, including felony criminal investigations and prosecutions, criminal and civil appeals, habeas, constitutional claims, and asset forfeiture.  He was awarded a Special Commendation by the DOJ, and was recognized by HHS-OIG for his government service

Mr. Grubman has published dozens of articles on healthcare fraud and white collar crime topics in nationally-recognized journals and publications, and regularly presents at healthcare and white collar crime conferences and seminars nationwide. He  serves as an Adjunct Professor at Emory University School of Law, where he teaches a course on white collar crime, and at Georgia State University College of Law, where he teaches a course on healthcare fraud and abuse.  He also serves in leadership positions in state and national organizations, including the American Health Lawyers Association, the Federal Bar Association, the American Bar Association, and the State Bar of Georgia.  He has been quoted by both national and local news organizations on issues related to healthcare fraud and abuse and white collar crime, including the New York Times, Bloomberg, and the Atlanta Journal Constitution.

Areas of Practice

  • Healthcare Investigations and Litigation
  • False Claims Act Litigation
  • Government Investigations
  • White Collar Criminal Defense
  • Internal Investigations
  • Appeals

Bar Admissions

  • Georgia
  • Supreme Court of Georgia
  • U.S. District Court Northern District of Georgia
  • U.S. District Court Middle District of Georgia
  • U.S. District Court Southern District of Georgia
  • United States Court of Appeals, Eleventh Circuit

Education

    • University of Georgia School of Law, Athens, Georgia
      • J.D., summa cum laude
      • Honors: Order of the Coif
      • Georgia Law Review, Articles Editor
  • Georgia State University
    • B.A., cum laude with Research Honors

Representative Cases

  • Represented healthcare provider in connection with a joint DOJ/MFCU investigation involving alleged violations of the False Claims Act, Stark law, and Anti-Kickback Statute, resulting from a qui tam (whistleblower) action. Mr. Grubman was able to negotiate a highly favorable resolution pursuant to which case was dismissed with prejudice without any monetary settlement or compliance agreement.
  • Represented large physician practice and affiliated surgery center in False Claims Act qui tam.  Secured a rare dismissal of the action by the DOJ.
  • Represented owner of durable medical equipment (DME) company in connection with criminal fraud prosecution. Tried case to verdict.
  • Represented multiple healthcare providers in connection with criminal MFCU investigations. Clients were not charged and cases were closed without any adverse action.
  • Represented multiple healthcare providers facing revocation of their Medicare and Medicaid billing privileges, often referred to as the “death penalty” for healthcare providers. After filing for  emergency injunctions and subsequent negotiations with the DOJ and CMS, the government agreed to retract its revocation decisions.
  • Represented Fortune 500 company in federal RICO putative class action involving allegations of mail and wire fraud, helping to secure complete dismissal without leave to amend, a decision upheld on appeal.
  • Represented numerous corporate executives in connection with government investigations related to fraud and corporate theft.
  • Represented major credit card company in defense of state putative class action.
  • Represented major financial services company in defense of employment discrimination action, negotiating highly favorable resolution.
  • Represented financial advisory firm in defense of wage and hour claim brought under the Fair Labor Standards Act, obtaining summary judgment in favor of client.
  • Represented large physician practice group in connection with HIPAA breach involving over 200,000 records.

Published Works

Classes/Seminars

  • Adjunct Professor, White Collar Crime, Emory University School of Law (2017-Present)
  • Adjunct Professor, Healthcare Fraud and Abuse, Georgia State University College of Law (2015-Present)
  •  Speaker, DecisionHealth 2019 Billing and Compliance Summit (forthcoming, Oct. 2019)
  •  Speaker, Georgia Hospital Association 12th Annual Compliance Officers Retreat (forthcoming, Sept. 2019)
  • Speaker, American Society for Clinical Laboratory Science (ASCLS) Annual Meeting (June 2019)
  • Speaker, SCCE Higher Education Compliance Conference (June 2019)
  • Co-Chair, Georgia ICLE False Claims Act Summit (May 2019)
  • Speaker, American Society of Interventional Pain Physicians (ASIPP) Annual Meeting (May 2019)
  •  Speaker, Atlanta Spine Society (May 2019)
  • Moderator, Georgia Academy of Healthcare Attorneys Annual Meeting (May 2019)
  • Speaker, Clinical Laboratory Mgmt. Assoc., KnowledgeLab 2019 (April 2019)
  • Speaker, American Academy of Pain Management Annual Meeting (March 2019)
  • Speaker, Georgia ICLE Whistleblower Symposium (March 2019)
  • Moderator, Federal Bar Association Qui Tam Conference (March 2019)
  • Speaker, AHLA Physicians and Hospitals Law Institute (February 2019)
  • Speaker, HCCA Atlanta Regional Conference (January 2019)
  • Keynote Speaker, Decision Health 2018 Billing & Compliance Summit (December 2018)
  • Speaker, HCCA 4th Annual Healthcare Enforcement Compliance Conference (November 2018)
  • Speaker, DecisionHealth Advanced Specialty Coding Conference (October 2018)
  • Speaker, Wisconsin Clinical Laboratory Management Association (September 2018)
  • Speaker, Legal Emergencies in Health Care (Florida ICLE) (September 2018)
  • Speaker, American Society for Clinical Laboratory Science Annual Meeting (August 2018)
  • Speaker, Clinical Laboratory Mgmt. Assoc., KnowledgeLab 2018 (May 2018)
  • Speaker, Georgia Academy of Healthcare Attorneys Annual Meeting (May 2018)
  • Webinar, The Opioid Crisis: A prescription for Intense Oversight, Investigations and Litigation (AHLA, April 2018)
  • Speaker, HCCA 22nd Annual Compliance Institute (April 2018)
  • Speaker, Georgia Society of Ambulatory Surgery Centers Annual Conference (February 2018)
  • Speaker, AHLA Physicians and Hospitals Law Institute (February 2018)
  • Keynote Speaker, Decision Health Billing & Compliance Summit (December 2017)
  • Speaker, AHLA Fundamentals Conference (November 2017)
  • Speaker, Tennessee Pain Society Annual Meeting (November 2017)
  • Speaker, American Medical rehabilitation Providers Association Educational Conference (October 2017)
  • Speaker, HCCA 3rd Annual Healthcare Enforcement Compliance Institute (October 2017)
  • Speaker, Central Rockies Physician Practice Associates (October 2017)
  • Speaker, South Carolina Ambulance Providers Association meeting (September 2017)
  • Speaker, South Carolina Association of Residential Care Homes 2017 Fall Convention (September 2017)
  • Speaker, Georgia Hospital Association Compliance Officers Retreat (September 2017)
  • Speaker, Pueblo Healthcare In-Service (September 2017)
  • Speaker, Federal Bar Association Annual Meeting & Convention (September 2017)
  • Speaker, South Carolina Association of Residential Care Homes 2017 Fall Convention & Trade Show in Savannah, GA (September 2017)
  • Webinar, Medicare Audits & Audit Appeals: From A to ZPIC (HCCA, August 2017)
  • Speaker, HIPAA Primer (Integrated Eye Care, August 2017)
  • Speaker,  Ambulatory Surgery Center Association (ASCA) 2017 Annual Meeting (May 2017)
  • Webinar, Government Fraud and Abuse Enforcement in the Pharmacy Space (Nat’l Comm. Pharmacists Association, May 2017)
  • Moderator, Rural Healthcare Symposium at UGA Law School (April 21, 2017)
  • Speaker,  The Independent Physician Association of America (TIPAAA), 22nd Annual Meeting (March 2017)
  • Webinar, Intro to the False Claims Act (AHLA, February 2017)
  • Speaker, Risk Management & Patient Safety Seminar and Bootcamp for Morehouse Healthcare (February 2017)
  • Speaker,  HIMSS17 (February 2017)
  • Speaker,  AHLA Physicians and Hospital Law Institute (February 2017)
  • Speaker, HCCA Managed Care Compliance Conference (January 2017)
  • Speaker, AHLA Fraud and Compliance Forum (October 2016)
  • Speaker, HCCA 2nd Annual Healthcare Enforcement Compliance Institute (October 2016)
  • Speaker, Georgia Hospital Association (GHA) 9th Annual Compliance Officers Retreat (September 2016)
  • Speaker, AHLA Annual Meeting (July 2016)
  • Speaker, Georgia Academy of Healthcare Attorneys (GAHA) Annual Meeting (May 2016)
  • Speaker, ACI’s 16th Annual Forum on Fraud and Abuse in the Sales and Marketing of Drugs (March 2016)
  • Featured guest, Top Docs Radio, a radio program sponsored by the Medical Association of Georgia (February 2016)
  • Speaker, ABA Southeastern White Collar Crime Institute (Health Care Fraud & Qui Tam Litigation) (September 2015)
  • Webinar: Physicians In The Crosshairs (HCCA, September 2015)
  • Speaker, Georgia ICLE Contract Litigation Seminar (Contracts in Healthcare) (August 2015)
  • Speaker, Georgia Academy of Healthcare Attorneys (GAHA) Annual Meeting, Healthcare Fraud Panel (May 2015)
  • Visiting Instructor, False Claims Act, Georgia State Univ. School of Law (Spring 2015)
  • Visiting Instructor, Healthcare Fraud & Abuse, Univ. of Georgia School of Law (Spring 2015)
  • Webinar, The Expansion of OIG’s Exclusion and CMP Authority (AHLA, 2015)
  • Webinar, The Expansion of OIG’s Exclusion and CMP Authority Under the PPACA (HCCA, 2014)
  • Webinar, It Could Happen To You: The Increased Prevalence of Healthcare Fraud Investigations For Non-Compliance And How To Avoid Them (InHealth Consulting & Educational Services, 2014)
  • Speaker, Advanced Healthcare Law, Georgia ICLE (2014)
  • Webinar, Medicare’s Physician Supervision Requirements and the False Claims Act (HCAA, 2014)

Honors and Awards

  • Recognition by Best Lawyers in America in the area of Qui Tam Law (2019, 2020 Editions)
  • Super Lawyers Rising Star for Healthcare in Georgia (2015, 2016, 2017, 2018)
  • Daily Report On The Rise 40 Under 40
  • Georgia Trend Magazine “2014 Legal Elite”
  • American Bar Foundation Fellow
  • U.S. Department of Justice, Special Commendation (2011)
  • U.S. Department of Justice, John W. Douglas Award for Pro Bono Service (2011)
  • Washington Council of Lawyers’ Government Pro Bono Award, DOJ Nominee
  • Recognition by Department of Health & Human Services, Office of Inspector General (“OIG”) for work combating healthcare fraud
  • Martindale-Hubbell AV Preeminent Rating

Professional Associations and Memberships

  • National Association of Criminal Defense Lawyers
  • American Health Lawyers Association (AHLA)
    • Vice Chair, Healthcare Liability and Litigation Practice Group
  • Georgia Academy of Healthcare Attorneys (GAHA)
    • Board of Directors
  • American Bar Association, Health Law Section,
    • Vice Chair, The Health Lawyer Editorial Board
  • Health Care Compliance Association (HCAA)
  • State Bar of Georgia, Health Law Section
    • Executive Committee of the Health Law Section
  • Anti-Defamation League
    • Southeast Region Board of Directors
    • Civil Rights Committee
  • Lamar Inn of Court
  • Lumpkin Inn of Court (2014-2016)
  • Lawyers Club of Atlanta
  • Oakhurst Medical Centers, Inc.
    • Board of Directors (2016-2019)

Past Employment Positions

  • Assistant U.S. Attorney, Southern District of Georgia
  • Trial Attorney, U.S. Department of Justice
  • Law Clerk, Honorable Joel F. Dubina, Chief Judge of the Eleventh Circuit Court of Appeals
  • Law Clerk, Lisa Godbey Wood, Chief Judge of the U.S. District Court for the Southern District of Georgia