Franklin Monsour Jr.

• Kenia Valle Boza, a health plan director, in the criminal healthcare fraud case, United States v. Valle Boza, 23-CR-20417, in the Southern District of Florida. The case was touted as a first-of-its-kind Medicare Advantage criminal prosecution, alleging over $53 million in fraudulent medical claims. After a two-week trial, it took the jury only four hours to acquit Ms. Valle Boza of all charges.
• Employees of a health plan in a False Claims Act investigation out of the Eastern District of Pennsylvania, investigating allegations of kickbacks paid to providers through speaker programs and medical directorships. The case resulted in no action taken by the government.
• A biopharmaceutical company in a False Claims Act investigation out of the Southern District of New York U.S. Attorney’s Office, investigating allegations of misrepresentations to the National Institutes of Health (NIH) concerning clinical trials; after multiple presentations to the government, no action was taken.
• Pavendeep Bakhshi in United States v. Parmar, et al., 18-CR-00877, in the District of New Jersey, alleging a $300 million securities fraud conspiracy involving a foreign traded medical billing company. The U.S. Attorney’s Office agreed to voluntarily suppress a large portion of its evidence based on alleged search warrant violations and, after numerous presentations demonstrating Mr. Bakhshi’s innocence, to dismiss the indictment. Mr. Bakhshi instead pleaded to a misdemeanor with a $5,000 fine.
• Employees of a national nursing home chain in a False Claims Act investigation out of Florida, investigating allegations of kickbacks paid to medical directors in exchange for patient referrals, resulting in no action taken by the government.
• A global data marketing company in response to a subpoena from the Department of Justice; conducted a comprehensive internal investigation and presented to DOJ, resulting in no action taken.
• A global medical device company for guidance on False Claims Act and Anti-Kickback Statute implications of coupon and co-pay waiver programs.
• Former executives of a publicly traded company in parallel investigations by the Department of Justice and the Securities and Exchange Commission, concerning alleged securities and audit misrepresentations.
• Sun Life Financial in a claw-back action brought by a court-appointed receiver seeking $100 million in profits earned by innocent investors in a Ponzi scheme. Succeeded in having the entire claim dismissed pursuant to New York's borrowing statute.
• Executives of Lottery.com in a securities class action in the Southern District of New York, alleging misrepresentations in a SPAC-related proxy.
• A national health plan as plaintiff in a civil Racketeer Influenced and Corrupt Organizations Act (RICO) case against numerous fraud actors perpetrating a telemedicine fraud scheme, resulting in complete injunctive relief and monetary damages.
• A pharmacy chain as petitioner in a JAMS arbitration against a private equity buyer under a Membership Purchase Agreement, resulting in a settlement for all claimed damages plus interest and attorney’s fees.

Includes matters handled at Dechert or prior to joining the firm.

• Global Investigations Review’s GIR 100, Recommended, 2024
• Defense Criminal Investigative Service, commendation
• U.S. Army, Patriotic Service Medal
• U.S. Drug Enforcement Administration, commendation
• U.S. Attorney’s Office for the Southern District of Florida, B. B. Allen Award