Adam P. Schwartz

Overview

Adam Schwartz concentrates his practice on white collar criminal defense, False Claims Act (qui tam/whistleblower) defense, health care fraud and abuse matters, and OFAC sanctions compliance and licensing. He represents individuals and corporations in internal investigations, securities and accounting fraud, asset forfeiture, 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.

The "amazing" Adam Schwartz is recognized by one client as "very focused and responsive," as well as "very proactive in organizing matters." Schwartz possesses particular expertise in white-collar criminal defense, and maintains a fine reputation for his work in healthcare fraud and abuse cases and litigation concerning the False Claims Act. Interviewees agree that Schwartz is a "terrific" practitioner and a "very competent lawyer."

Chambers USA

Featured Insights

White Collar Crime & Government Investigations

Recent DOJ Guidance on Corporate Compliance, Cooperation, and Compensation

Publication

White Collar Crime & Government Investigations

DOJ’s First Cyber-Fraud Settlement Places Emphasis on Cybersecurity Shortfalls

Publication

Cybersecurity and Privacy

DOJ Unveils New Initiative to Pursue Cybersecurity-Related Fraud by Government Contractors and Grant Recipients

Publication

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 FDA investigation regarding an experimental drug.
• Defended construction company in NASA criminal investigation.
• Wellcare of Fla., Inc. v. Total Physician Sols., Inc. Awarded $1.8 million in arbitration.

Featured Insights

White Collar Crime & Government Investigations

Recent DOJ Guidance on Corporate Compliance, Cooperation, and Compensation

Publication

White Collar Crime & Government Investigations

DOJ’s First Cyber-Fraud Settlement Places Emphasis on Cybersecurity Shortfalls

Publication

Cybersecurity and Privacy

DOJ Unveils New Initiative to Pursue Cybersecurity-Related Fraud by Government Contractors and Grant Recipients

Publication

Recognition

• AV Rated by Martindale-Hubbell
• The Best Lawyers in America, Commercial Litigation, Criminal Defense: White-Collar, Qui Tam Law (2021–2023)
• Florida Super Lawyers, Super Lawyers Magazine (2009–2010, 2019–2022)
• Chambers USA (2008–2018, 2021–2023)

• Florida Legal Elite, Florida Trend Magazine (2017) 

Professional & Community Involvement

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

Speaking Engagements

• "Internal Investigations and the Attorney Client Privilege," Client Presentation (March 7, 2023)
• “The Essentials of Preserving Attorney-Client Privilege ,” Federal Bar Association (November 23, 2022)
• “Attorney-Client Privilege & Work Product Doctrine for In-House Counsel,” Association of Corporate Counsel, Tampa Bay Chapter, Longboat Key, FL (August 2022)
• "Don’t Go Up in Smoke: Best Practices for Managing the Latest Cybersecurity and Privacy Risks," Association of Corporate Counsel, Tampa Bay Chapter, Tampa, FL (May 19, 2022)
• “Attorney-Client Privilege & Work Product Doctrine for In-House Counsel,” Federal Bar Association (October 20, 2021)
• “Presenting and Defending False Claims Act Complaints Through Compliance,” ACC West Central Florida Chapter, Longboat Key, FL (August 6, 2021)
• “Mastering Qui Tam, Whistleblower, and False Claims CLE,” Rossdale CLE (June 30, 2021)
• “Attorney-Client Privilege & Work Product Doctrine for In-House Counsel,” Client Presentation (June 29, 2021)
• "When the Government Comes Knocking," Client Presentation (March 4, 2021)
• "A New Frontier: DOJ Enforcement Involving Health IT," American Health Law Association Virtual Fraud and Compliance Forum (October 2, 2020)
• "COVID-19 Whistleblower, Qui Tam, and False Claims Act CLE," Rossdale CLE (June 4, 2020)
• "Electronic Medical Records and the False Claims Act," ABA 29th Annual National Institute on Health Care Fraud, New Orleans, LA (May 2019)
• "Federal and State Enforcement and the Opioid Crisis," ABA 29th Annual National Institute on Health Care Fraud, New Orleans, LA (May 2019)
• "Legal Ethics for Lawyers Who Help Clients After Natural Disasters," Natural Disaster Conference, Miami, FL (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 (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," ACC West Central Florida Chapter, St. Petersburg, FL (April 2018)
• "Painting a Compliance Picture in a False Claims Landscape," ACC West Central Florida Chapter, St. Petersburg, FL (May 2017)
• "Enforcement, Compliance, and Long-Term Care: Home Health, Hospice, and Nursing Homes," Healthcare Enforcement Compliance Conference, Health Care Compliance Association, Washington, D.C. (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, GA (December 2016)
• "Stepping Up: Taking Your Compliance Program to the Next Level in an Era of Heightened Government Scrutiny," ACC 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," ACC 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," White Collar Crime Conference, Atlanta, GA (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, GA (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," ACC 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," AICPA National Forensic Accounting Conference, Las Vegas, NV (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)

Background

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

Areas of Focus