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Adam P. Schwartz

Adam P. Schwartz

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Overview

Adam Schwartz concentrates his practice on white collar criminal defense, False Claims Act (qui tam/whistleblower) defense, and health care fraud and abuse matters. He represents individuals and corporations in internal investigations, securities and accounting fraud, asset forfeiture, real estate and mortgage fraud, defense contractor fraud, money laundering, corporate compliance, grand jury practice and procedure, and complex civil fraud defense. He advises clients on BSA/AML and Patriot Act compliance and defends bank officers and directors in FDIC litigation.

Adam advises pharmaceutical wholesalers on regulatory compliance laws including the Drug Quality and Security Act and the Drug Supply Chain Security Act.

Prior to joining the firm, Adam prosecuted money laundering and asset forfeiture matters as an assistant U.S. attorney with the Eastern District of New York.

Adam speaks regularly before other practitioners on topics ranging from health care fraud to attorney-client privilege considerations during internal investigation. He has been co-chair of the American Bar Association White Collar Crime Subcommittee for the Florida Region since 2007. Adam chairs the firm's White Collar Crime and Government Investigations Practice.

Featured Insights

Experience

  • United States v. HPC Healthcare, Inc., 723 F. App’x 783 (11th Cir. 2018). The Eleventh Circuit Court of Appeals affirmed dismissal with prejudice of a qui tam action brought against our client for the alleged fraudulent submission of medical billing to Medicare and Medicaid. The Eleventh Circuit agreed that the plaintiff had failed to plead detailed allegations sufficient to satisfy the applicable standards under Federal Rule of Civil Procedure 9(b).
  • United States v. Advanced Anesthesia. Relator’s complaint dismissed with prejudice.
  • Markland v. Insys Therapeutics, Inc. Plaintiff’s complaint dismissed with prejudice on federal preemption.
  • Defended physician in FAA investigation regarding an experimental drug.
  • Defended consulting company in NASA criminal investigation.
  • Wellcare of Fla., Inc. v. Total Physician Sols., Inc. Awarded $1.8 million in arbitration.

Featured Insights

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Recognition

  • AV Rated by Martindale-Hubbell
  • Selected for inclusion in Florida Super Lawyers (2009-2010)
  • Listed in Chambers USA Guide to America's Leading Lawyers for Business (2008-2018)
  • Selected for inclusion in Florida Trend’s Florida Legal Elite (2017) 

Professional & Community Involvement

  • American Bar Association
    • Criminal Justice Section 
      • Co-Chair, Florida Region
  • Federal Bar Association
    • Board Member, Tampa Chapter
  • The Florida Bar 
    • Chair, Standing Committee on Advertising (2014) 
    • Chair, Unlicensed Practice of Law Committee 13(A) (2006-2010, 2017) 
      • Grievance Committee 13(B)
        • Vice-Chair (2008-2010)
        • Chair (2010-2011) 
      • Supreme Court’s Bar Admissions Committee
      • Second District Paralegal Committee 
        • Chair, Tampa Branch (2009-2010) 
      • Health Law Section
  • Hillsborough County Bar Association
  • Herbert G. Goldburg-Ronald K. Cacciatore Criminal Law American Inn of Court (2005-2010)
  • Florida Hospital Association
  • Florida Academy of Healthcare Attorneys
  • American Health Lawyers Association
  • American Judicature Society 
  • National Association of Criminal Defense Lawyers

Speaking Engagements

  • “Electronic Medical Records and the False Claims Act,” ABA 29th Annual National Institute on Health Care Fraud, New Orleans (May 2019).
  • “Federal and State Enforcement and the Opioid Crisis,” ABA 29th Annual National Institute on Health Care Fraud, New Orleans (May 2019).
  • “Legal Ethics for Lawyers Who Help Clients After Natural Disasters,” Natural Disaster Conference, Miami (April 2019).
  • “Advising Boards & Management: Ethical Rules & Professional Liability Risks of Corporate Counseling Advising on Advancement and Indemnifications,” ABA Business Law Section Spring Meeting, Vancouver, BC (March 2019).
  • “What to Do When the Government Comes Knocking,” The Florida Bar Health Law Section Webinar (March 2019).
  • “Avoiding Broken Glass: When the Government Comes Knocking,” Association of Corporate Counsel, West Central Florida Chapter, St. Petersburg, FL (April 2018).
  • “Painting a Compliance Picture in a False Claims Landscape,” Association of Corporate Counsel, West Central Florida Chapter, St. Petersburg, FL (May 2017).
  • “Enforcement, Compliance and Long Term Care: Home Health, Hospice and Nursing Homes,” Health Care Compliance Association, Healthcare Enforcement Compliance Institute, Washington (November 2017).
  • “Enforcement and Compliance in Home Health – Hospice – Nursing Homes,” Health Care Compliance Association, Regional Conference, Orlando, FL (February 2017).
  • “Tread Carefully: The Challenges of Representing and Dealing With Whistleblowers,” Georgia ICLE, Health Care Fraud Institute, Atlanta (December 2016).
  • “Stepping Up: Taking Your Compliance Program to the Next Level in an Era of Heightened Government Scrutiny,” Association of Corporate Counsel, West Central Florida Chapter, Longboat Key, FL (August 2016).
  • “Hospice Enforcement and Compliance,” ABA 26th Annual National Institute on Health Care Fraud, Indian Wells, CA (May 2016).
  • “Attorney-Client Privilege for In-House Counsel,” Association of Corporate Counsel, West Central Florida Chapter, St. Petersburg, FL (May 2016).
  • "The Fifth Pillar: Anti-Money Laundering/Bank Secrecy Act: A Risk-Based Approach to Customer Due Diligence," Tampa, FL (April 1, 2016).
  • “Dodging Bullets: Efficiencies and Ethics in Lawsuit Avoidance and Early Case Resolution,” Association of Corporate Counsel, Tampa, FL (November 19, 2015).
  • “Trends in BSA/AML Compliance and Enforcement,” Tampa, FL (October 2015).
  • “Qui Tam/False Claims Act Investigation and Retaliation,” Association of Corporate Counsel Spring Symposium, Streamsong, FL (May 2015).
  • “Qui Tam/False Claim Act Basics,” Hillsborough County Bar Association, Health Law Section, Tampa, FL (May 2015).
  • NACDL White Collar Criminal Defense College, Stetson University College of Law, Gulfport, FL (March 2015).
  • "Employees and Independent Contractors – Consequences of (Mis)Classification and Ancillary Issues," Association of Corporate Counsel, Tampa, FL (September 2014).
  • "M&A Regulatory Concerns," Association of Corporate Counsel Symposium, Clearwater, FL (August 2014).
  • "Individual Representation – Guiding Directors, Officers, and Employers Through the Minefield," Georgia ICLE, White Collar Crime Conference, Atlanta (January 31, 2014).
  • "How to Effectively Handle Government Investigations," Association of Corporate Counsel, Tampa, FL (September 2013).
  • "Ethically Understanding the Foreign Corrupt Practices Act and Know Your Customer Considerations," Association of Corporate Counsel Annual Corporate Counsel Summer Symposium, Longboat Key, FL (August 2011).
  • “Preserving the Attorney-Client Privilege: Common Issue and Problems in Criminal Investigations,” Atlanta (January 28, 2011).
  • “Mortgage Fraud Offenses II,” Federal Sentencing Guidelines Seminar, St. Petersburg, FL (May 14, 2010).
  • “Ethics: Advertising and Social Media,” The Florida Bar CLE: Current Issues in Condominium and Community Association Law, Tampa, FL (April 16, 2010).
  • “Privileged or Not Privileged: Attorney-Client Privilege for In-House Counsel,” Association of Corporate Counsel, Central Florida Chapter, Orlando, FL (May 23, 2009).
  • “Guideline Departures & Variances Outside the Range Under 3553 (a),” Federal Sentencing Guidelines Seminar, Clearwater, FL (May 21-22, 2009).
  • “Deposing Expert Witnesses,” Association of International Certified Professional Accountants (AICPA)'s National Forensic Accounting Conference, Las Vegas (September 25-26, 2008).
  • “The Ethics of Advising the Corporation on Internal Investigations: Does the Attorney-Client Privilege Matter?” White Collar Institute, Tampa, FL (May 8, 2008).
  • “Attorney-Client Privilege for In-House Counsel and Corporate Legal Departments,” Blue Cross Blue Shield Association’s 41st Annual Lawyers’ Conference, Fort Lauderdale, FL (May 4, 2007).

Credentials

Education
  • Temple University Beasley School of Law (J.D., cum laude, 1995)
  • Saint Joseph's University (B.A., 1991)
Bar Admissions
  • Florida
  • New Jersey
  • New York
  • Pennsylvania
Court Admissions
  • United States Supreme Court
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Western District of Pennsylvania
  • Florida State Courts

Background

  • Assistant U.S. Attorney, U.S. Attorney’s Office, Eastern District of New York (2003-2005)
  • Associate, Zuckerman Spaeder (1996-2003)

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.