Amy Kossak is a partner in Ropes & Gray’s litigation & enforcement practice group and a member of the firm’s Chambers Band 1-ranked False Claims Act (FCA) practice. With years of experience investigating and litigating FCA cases on behalf of the federal government, Amy brings exceptional skills and knowledge to clients facing government investigations and enforcement actions. Known for her integrity as well as her thoroughness, Amy is a seasoned advocate with a practical approach.
Amy's FCA practice is informed by the decade she spent in the Fraud Section of the U.S. Department of Justice (DOJ), Civil Division, where she was lead counsel for the government in a variety of matters, primarily those involving the healthcare and life sciences sectors. As a Senior Trial Counsel, Amy managed a nationwide docket of FCA cases through all phases of investigation, litigation and settlement. She also provided strategic advice to political appointees and managed some of the highest-profile and politically sensitive matters on DOJ’s docket while serving for a time as Counsel in the Office of the Assistant Attorney General for the Civil Division. In addition, she was an E-Discovery Advisor for several years and brings an efficient and strategic approach to e-discovery challenges.
Since joining Ropes & Gray, Amy has become an integral part of the firm’s FCA team. She is a frequent speaker on FCA topics at industry conferences and in the media and handles FCA matters for a wide variety of clients, including private equity firms, healthcare and life sciences companies, and academic research institutions.
Amy previously served as an adjunct professor at Georgetown Law, where she taught a civil litigation practice seminar. Prior to joining DOJ, she practiced at a major law firm based in Washington, D.C., where she represented clients in civil, criminal and government investigation matters.
Experience
- Secured dismissal (on a motion to dismiss) of FCA claims filed by a whistleblower against a global private equity firm concerning the firm’s investment in a healthcare-focused portfolio company whose coding, referral, and medical exam policies were allegedly improper.
- Representing a value-based care company in an FCA investigation by the U.S. Department of Justice into whether the company caused the submission of improper diagnosis codes to the Medicare Advantage program.
- Advising a large private equity firm and several of its portfolio companies in a U.S. Attorney’s Office’s FCA inquiry concerning Paycheck Protection Program (PPP) loans received by the firm’s portfolio companies.
- Advised a large medical device company in connection with its acquisition of an entity that, at the time, faced FCA allegations.
- Spearheaded a targeted internal investigation on behalf of a leading private equity firm into concerns raised by one of its portfolio company’s employees; completed investigation quickly, presented clear findings to the Board, and assisted portfolio company with related process improvements.
- Litigated a Customs-related FCA matter involving the alleged evasion of antidumping and countervailing duties by several companies for allegedly misrepresenting the country of origin of Chinese-made products.*
*Prior to joining Ropes & Gray