Amy Kossak is a partner in Ropes & Gray’s litigation & enforcement practice group and is an integral 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 strategic judgment as well as her thoroughness, Amy is a seasoned advocate with a practical approach. 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's FCA practice is informed by her decade in the Civil Fraud Section of the U.S. Department of Justice (DOJ), where she was lead counsel for the government in a variety of matters, primarily those involving the healthcare and life sciences sectors but also in matters involving tariff evasion and government contracts. 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, Amy served as a highly sought-after E-Discovery Advisor for several years and brings an efficient and strategic approach to e-discovery challenges. She also is skilled at both selecting and deploying the most appropriate cutting-edge AI and GenAI tools to generate cost-savings, produce case-advancing work product, and bring strategic advantages to clients in document-heavy investigations and litigation.
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.
- Representing several large pharmaceutical companies in responding to Civil Investigative Demands (CIDs) issued by the U.S. Department of Justice in matters involving drug pricing and reporting, claim submission, Medicare coverage conditions, and allegations of Anti-Kickback Statute violations.
- Representing several prominent research universities in FCA investigations alleging faculty research misconduct, improper foreign influence, and/or violation of federal grant conditions.
- Representing client in high-stakes parallel criminal and civil investigations by the Department of Justice involving the Criminal Division’s Health Care Fraud Unit and the Civil Division’s Fraud Section.
- Advised multiple private equity firms and their portfolio companies in U.S. Attorney’s Office FCA inquiries concerning Paycheck Protection Program (PPP) loans. Secured a complete government declination (and dismissal with prejudice by the relator) in one matter and a favorable settlement in another, both on compressed timelines that allowed the portfolio companies and their PE sponsors to quickly put the investigations behind them.
- Advised a large medical device company and a healthcare-focused private equity sponsor in connection with their acquisitions of entities that, at the time, faced FCA allegations.
- Spearheaded a targeted internal investigation on behalf of a leading private equity firm into billing 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 alleged tariff evasion (in the form of 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