Michael Shaheen is Co-Chair of the False Claim Act Practice at Quinn Emanuel. His practice focuses on federal litigation, investigations, and enforcement actions. Michael has significant experience with the False Claims Act (FCA), with particular emphasis on health care fraud.
Before joining Quinn Emanuel, Michael was a partner in the White Collar & Regulatory Enforcement and Health Care groups in the Washington, D.C. office of Crowell & Moring. Prior to his role at Crowell & Moring, Michael served as a Trial Attorney with the Fraud Section of the Department of Justice (DOJ), where his work primarily involved investigating and prosecuting FCA matters. At DOJ, he obtained judgments totaling hundreds of millions of dollars and was involved in the settlement of numerous false claims cases of similar magnitude. Michael served in a variety of roles in these cases, ranging from first-chair trial attorney to lead investigator.
More specifically, he successfully tried a high-profile case against individuals charged with violating the FCA and the Anti-Kickback Statute that resulted in a $117 million judgment. Michael also spearheaded DOJ initiatives targeting fraud in the laboratory industry, fraud in skilled nursing facilities and inpatient rehabilitation facilities, and fraud committed by large banks that underwrote Department of Housing and Urban Development backed loans.
Prior to his government service, Michael was an associate at a leading white collar criminal defense law firm, where he was a member of the defense team that represented a global retailer in one of the largest Foreign Corrupt Practices Act investigations ever conducted.
While at Cornell, Michael participated in the Cornell Death Penalty Project and helped brief a case argued before the U.S. Supreme Court.
- Represented a Medicare Advantage (“MA”) plan against allegations that it paid kickbacks in order to secure MA beneficiaries.
- Represented a MA plan against allegations that it inflated its Risk Adjustment scores in order to increase the capitated payments that Medicare paid for each beneficiary in the plan.
- Worked with regional health care system to refute allegations that it upcoded various procedures and also provided medically unnecessary services to its patients.
- Represented a not-for-profit educational corporation in responding to a government investigation alleging the misuse of federal grant money and conspiring to commit grant fraud.
- Represented a medical device company in a FCA case alleging that client overcharged the United States for patient monitoring equipment sold to the U.S. Department of Veterans Affairs (VA) and the Department of Defense.
- Represented a not-for-profit health system and several individual defendants in a FCA case alleging that Defendants upcoded medical procedures and accepted kickbacks from medical device companies.
- Worked with consulting firm to advise on FCA and AKS compliance training programs.
- Represented government contractor in responding to a government investigation alleging client fraudulently misstated compliance with certain regulatory provisions while bidding for a contract.
- Represented client in responding to a government investigation alleging client’s business practices violated the Financial Institutions Reform, Recovery, and Enforcement Act.
- Represented nine former employees of an MA plan in a FCA case alleging that defendants failed to allocate federal insurance dollars in an appropriate way.
- Retained by Am Law 20 firm to serve as an expert for a Committee of Unsecured Creditors to opine on the Department of Justice’s Ability to Pay Settlement Procedures.
- Cornell University
(J.D., cum laude, 2009) - Vanderbilt University
(B.S., English Literature, 2000)
- The District of Columbia Bar
- United States District Courts:
- Southern District of New York
- Central District of California
- District of South Carolina
- District of Alabama
- Middle District of Florida
- Southern District of Florida
- Eastern District of Virginia
- Bankruptcy Court for the Eastern District of Virginia
- State Courts:
- Eleventh Judicial Circuit of Florida
- Sixth Judicial Circuit of Florida
- Fairfax County General District Court
- Crowell & Moring LLP
- Partner, 2020-2023
- United States Department of Justice
- Trial Attorney, 2014-2020
- Jones Day
- Associate, 2009-2014
Speeches & Presentations
- “Understanding False Claims Act Investigations: A Look Behind the Curtain,” Healthcare Ounce of Prevention Seminar (HOOPS) 2023–Navigating the Rapid Developments in Health Care. (March 15, 2023). Presenters: Michael Shaheen, Jed Wulfekotte, and Payal Nanavati.
- "Developing Precedent on the FCA Element of Scienter," 2023 Qui Tam Conference, Washington, D.C. (February 16, 2023). Speaker: Michael Shaheen.
- “DOJ Litigation and OIG Priorities,” 2022 American Health Law Association Conference, Chicago, IL. (June 27 and 28, 2022). Speakers: Michael Shaheen, Susan Gillin, and Rohith Srinivas.
- “A Primer on DOJ’s Main Civil Enforcement Tool: The False Claims Act (2020/2021)” 2021 American Health Law Association Conference, (June 29, 2021). Speakers: Michael Shaheen and Dimitra Doufekia.
- "New and Recurring Issues in False Claims Act Investigations," Responding to Government Investigations: The Latest Developments and Strategies for Government Contractors, Washington, D.C. (May 17, 2022). Speakers: Lyndsay A. Gorton, Brian Tully McLaughlin, Warrington Parker, and Michael Shaheen.
- "Procurement Fraud/FCA/Investigations," OOPS 2021, Crowell & Moring's 37th Annual Ounce of Prevention Seminar (May 13, 2021). Presenters: Mana Elihu Lombardo, Brian Tully McLaughlin, Warrington Parker, Michael Shaheen, Gail D. Zirkelbach, and Nkechi Kanu.
- "Health Care Investigations: FCA and Beyond," Investigations: Readiness and Response Webinar Series (April 29, 2021). Presenters: Troy A. Barsky, Michael Shaheen, Roma Sharma, and Payal Nanavati.
- "COVID-19 and the False Claims Act," Crowell & Moring Webinar (April 7, 2021). Presenters: Mana Elihu Lombardo, Brian Tully McLaughlin, Nicole Owren-Wiest, and Michael Shaheen.
- "A Look at the Top False Claims Act Developments of 2020," Healthcare Ounce of Prevention Seminar (HOOPS) 2021: Health Care in the Biden Era (February 24, 2021). Presenters: Michael Shaheen, Nkechi Kanu, and Payal Nanavati.
- "Part 2 - A Look at the Top False Claims Act Developments of 2020," Crowell & Moring Webinar (February 18, 2021). Presenters: Michael Shaheen, Nkechi Kanu, and Payal Nanavati.
- "What Are the Most Likely Federal and State Enforcement and Oversight Priorities in 2021, with a Particular Focus on False Claims Act Risks, and How Can Companies Prepare Now?" Crowell & Moring Webinar (December 11, 2020). Presenters: Natalie O. Ludaway, Preston L. Pugh, Rebecca Monck Ricigliano, and Michael Shaheen.
- "Getting a subpoena: Are you ready?" Crowell & Moring Webinar (October 13, 2020). Presenters: James G. Flood, Thomas A. Hanusik, Rebecca Monck Ricigliano, and Michael Shaheen.
Publications
- "Hidden Costs Of FCA, Anti-Kickback Claims For Public Cos." Law360 (February 22, 2023). Authors: Micahel Shaheen, and Rebecca Lennon Baskin.
- "Tipping The Scales: Third Circuit Weighs In On Circuit Split Regarding The Government's Dismissal Authority Over False Claims Act Qui Tams," Westlaw Today (November 23, 2021). Authors: Brian Tully McLaughlin, Lyndsay A. Gorton, Michael Shaheen, and Amanda H. McDowell.
- "The Top Healthcare FCA Developments Of 2020," Compliance Today (May 4, 2021). Authors: Michael E. Shaheen, Matthew P. Vicinanzo, and Payal Nanavati.
- "OIG Sends a Special Fraud Alert on Speaker Programs," Crowell & Moring’s Health Law Blog (November 25, 2020). Authors: Troy A. Barsky, Michael Shaheen and Lidia Niecko-Najjum.
- "Telehealth Industry Beware: The DOJ Is Watching," Bloomberg Law (October 6, 2020). Author: Michael Shaheen.