Jesse A. Witten defends health care providers, pharmaceutical manufacturers and other clients in the health industry against fraud and abuse matters in government investigations and litigation, particularly False Claims Act matters. Jesse also assists clients in internal corporate investigations and self-disclosures to the government of regulatory violations and Medicare/Medicaid overpayment. He counsels clients on compliance with Anti-Kickback Statute and Stark Law and laws governing the sale and marketing of medical devices and pharmaceutical products.
Before joining Drinker Biddle, Jesse served as a Deputy Associate Attorney General in the U.S. Department of Justice, where he co-chaired the DOJ's health care fraud task force. He also served as a Deputy Assistant Attorney General in the DOJ Environment and Natural Resources Division. Jesse was previously a partner with an international law firm.
In 2016, Jesse received the National Congress of American Indians’ (NCAI) Special Recognition Award for his work in Blackhorse v. Pro-Football, Inc., a case in which Drinker Biddle lawyers represent five Native American individuals seeking to cancel the trademark registrations of the Washington professional football team.
Jesse taught a Health Law course at George Washington University and is a frequent speaker at health care conferences. He has published numerous articles on Medicare fraud enforcement and health care compliance topics.
- Defense of government investigations and enforcement actions alleging Medicare/Medicaid fraud. Jesse has defended hospitals and other providers accused of violating the Anti-Kickback Statute and Stark Law, reporting unallowed costs on Medicare cost reports, DRG upcoding, inflating charges to obtain excess Medicare outlier reimbursement, billing Medicare Part A for patients who did not satisfy inpatient criteria and other alleged fraud. He has also defended medical device manufacturers accused of illegal financial relationships with physicians and marketing non-FDA-approved devices, and pharmaceutical manufacturers accused of reporting false prices to Medicare and Medicaid.
- Counseling pharmaceutical and device manufacturers, health plans, hospitals and other providers on numerous health law issues, including: (i) Medicare and Medicaid reimbursement; (ii) compliance with Anti-Kickback and Stark laws; (iii) Medicaid and Medicare price reporting requirements for pharmaceutical manufacturers; and (iv) implementation and operation of corporate compliance programs.
- Advise clients on compliance with the Foreign Corrupt Practices Act and other international anti-corruption requirements.
- Assisted providers in making disclosures of regulatory violations under the HHS-OIG and CMS Self-Disclosure Protocols.
- Assisted in submission of requests for advisory opinions from the HHS-OIG.
- Obtained permanent injunction terminating a CMS Medicare demonstration project in New Jersey on “gainsharing.”
- Represented major research institution in investigation of alleged scientific research misconduct.
- Defended nonprofit hospitals accused of alleged excessive charges and unlawfully aggressive collections practices in violation of IRS laws governing tax-exempt hospitals.
- Obtained reversal of murder conviction of an innocent man on death row.
Chambers USA, District of Columbia, Healthcare (2012–2019)
Outstanding Health Care Litigator, Nightingale's Health Law News
National Congress of American Indians’ (NCAI) Special Recognition Award
Best Lawyers®, Health Care Law (2020)
Jesse Witten is a go-to attorney for a range of healthcare providers, offering notable strength in fraud and abuse investigations and enforcement actions. Clients describe him as ‘superb,’ adding: ‘He's super bright, extremely current and on the pulse of what is going on.’Chambers USA (2019)
Jesse Witten represents healthcare providers on a range of compliance and litigation matters, as well as investigations and fraud and abuse issues. Sources describe him as ‘an excellent practitioner,’ with another adding: ‘He is very knowledgeable, thorough and can cut to the heart of the issues very quickly.'Chambers USA (2018)
- District of Columbia
- Harvard Law School, J.D., 1991, magna cum laude
- Princeton University, A.B., 1988, Phi Beta Kappa