Morgan Lewis

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10/28/14-10/31/14 2014 Association of Corporate Counsel Annual Meeting New Orleans, LA
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Photo of  Eric W. Sitarchuk

honors + affiliations

Fellow, American College of Trial Lawyers

Listed, Chambers USA: America’s Leading Lawyers for Business (2005–2014)

Noted in The US Legal 500 for White Collar Criminal Defense (2014)

Recommended as a national and local litigation star for Pennsylvania for White Collar Crime in Benchmark Litigation (2010–2015)

Listed, The Best Lawyers in America, White Collar Defense, Health Care, and Commercial Litigation (2008–2014)

Listed as a Leading White Collar Crime Lawyer by Expert Guide (2013–2014) Listed, International Who's Who of Business Crime Lawyers (2003–2014)

Listed, International Who's Who of Investigations (2014)

Listed, Pennsylvania Super Lawyers (2004–2014)

Listed, Legal Media Group's Life Sciences "Life Sciences Star" – Fraud and Abuse (2012–2014)

Listed, Law360 Healthcare MVP (2012)

Member, American Bar Association, Criminal Justice Section White Collar Crime Committee

bar admissions

  • Pennsylvania
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Eric W. Sitarchuk
Partner


Email: esitarchuk@morganlewis.com
Philadelphia
1701 Market St.
Philadelphia, PA 19103-2921
United States of America
Phone: +1.215.963.5840
Fax: +1.215.963.5001

Eric W. Sitarchuk is a partner in Morgan Lewis's Litigation Practice and the co-chair of the White Collar Litigation and Government Investigations Practice. Mr. Sitarchuk focuses his practice on white collar litigation and has nearly 30 years of experience in this area. In addition to criminal defense, Mr. Sitarchuk focuses a substantial portion of his practice on Civil False Claims Act litigation and Foreign Corrupt Practices Act (FCPA) investigations. Mr. Sitarchuk has defended federal criminal and civil cases alleging healthcare fraud; clinical research fraud; FCPA, antitrust, and securities violations; import/export violations; technology transfers; theft of trade secrets; defense contract fraud; money laundering; official corruption; tax fraud; pyramid schemes; commercial bribery; environmental violations; and a number of other alleged offenses.

Mr. Sitarchuk's practice also includes defending complex government investigations. He has successfully persuaded prosecutors to take no action and close investigations of Fortune 500 companies, large healthcare institutions, and prominent lawyers, executives, and public officials. Mr. Sitarchuk also counsels clients, including boards of directors, audit committees, and management, on the development and implementation of internal compliance and ethics programs and the conduct of internal investigations.

Mr. Sitarchuk is a member of the prestigious American College of Trial Lawyers. He is also listed in, among others, Chambers USA: America's Leading Lawyers for Business in "Leaders in Their Field" in the area of litigation, Benchmark Litigation as a national star, The Best Lawyers in America, the International Who's Who of Business Crime Lawyers, and he was named a "Pennsylvania Super Lawyer" by Law & Politics and Philadelphia magazines in the area of Criminal Defense: White Collar.

Prior to joining Morgan Lewis, Mr. Sitarchuk was a partner in and the head of the White Collar Litigation Practice at a large national law firm. Before that, he was an assistant U.S. Attorney in the Criminal Division of the U.S. Attorney's office in Philadelphia. He also served as a special assistant U.S. Attorney in the U.S. Attorney's office in Washington, D.C. While there, he was the deputy prosecutor in charge of the criminal investigation of federal law enforcement's handling of the stand-off at Ruby Ridge, Idaho, and its aftermath.

Mr. Sitarchuk is a frequent lecturer on topics such as Civil False Claims Act litigation and international investigations. He was also a faculty member for the Department of Justice Office of Continuing Legal Education.

Mr. Sitarchuk received his J.D., with high honors, from the George Washington University School of Law in 1983, where he was a member of the George Washington Law Review and was named to the Order of the Coif. After law school, he served as a law clerk to Judge Bruce S. Mencher of the District of Columbia Superior Court. Mr. Sitarchuk received his B.A., cum laude, from Franklin & Marshall College in 1979, where he was elected to Phi Beta Kappa.

Mr. Sitarchuk is a member of the Pennsylvania Bar Association and the American Bar Association's Criminal Justice Section White Collar Crime Committee.

Mr. Sitarchuk is admitted to practice in Pennsylvania.

Selected Representations

Healthcare Fraud and Abuse

  • Defended pharmaceutical industry cases involving a broad variety of issues, including off-label promotion, marketing practices, clinical trials and disclosure of adverse events, pharmaceutical pricing (AWP/ASP/AMP/Best Price), Anti-Kickback Act, drug switching, and controlled substance diversion programs.
  • Negotiated a $425 million global civil and criminal settlement for a major bio-tech pharmaceutical manufacturer of litigation and investigations alleging illegal off-label marketing.
  • Represented a variety of hospitals and clinicians in criminal and civil investigations and litigation of issues, including Anti-Kickback Act, Stark regulations, employment of an excluded physician, physician supervision, coding, medical necessity, Medicare outlier payments, in- and out-patient psychiatric services, and hospital/clinical practice relationships and billing practices.
  • Defended a variety of companies against state attorney general unfair trade practices/Consumer Protection Act claims of alleged healthcare fraud.    
  • Represented clients in administrative matters, including exclusion and corporate integrity agreements (CIAs), involving the Department of Health and Human Services Office of Inspector General.
  • Negotiated CIAs for, among others, a national pharmacy chain, a major pharmaceutical manufacturer, and a national provider of mental health services.
  • Obtained declinations of prosecution in civil and criminal healthcare fraud investigations on dozens of occasions. 
  • Defended a prominent doctor accused of illegally dispensing diet medication in a federal criminal trial.
  • Advised on numerous internal investigations and voluntary disclosures of potential healthcare fraud and abuse issues.

False Claims Act/Qui Tam Litigation

  • Lead defense counsel in numerous False Claims Act and qui tam matters throughout the United States.
  • In healthcare matters, defended major pharmaceutical manufacturers, national pharmacy chains, hospital and integrated healthcare systems, a national drug wholesaler, health insurers and managed care organizations, and a national utilization management company, among others.
  • In government contract matters, defended major defense contractors, aerospace manufacturers, and other suppliers of goods and services to the government.
  • Represented a large number of healthcare providers and government contractors in False Claims Act investigations where the government elected not to intervene or where the investigations were otherwise declined without civil or criminal charges.
  • Litigated numerous nonintervened qui tam cases to successful conclusions.
  • Served as an expert witness on False Claims Act litigation.

International Investigations

  • Conducted a variety of internal investigations of potential FCPA violations, export violations, or related compliance issues involving countries, including Russia, Georgia, Singapore, Korea, Poland, United Arab Emirates, China, Mexico, Japan, Taiwan, Thailand, India, Czech Republic, and Romania.
  • Counseled clients on FCPA issues and FCPA compliance programs.
  • Defended criminal investigations of alleged violations of the International Traffic in Arms Regulations (ITAR).
  • Obtained a criminal declination of prosecution for a company under investigation for various alleged export violations.
  • Successfully defended an individual under investigation for alleged illegal exports to China.
  • Represented an individual charged with customs and other violations in connection with the importation of software.

Government Contracts Fraud

  • Served as trial attorney for General Electric Corporation in a 3.5-month federal criminal false claims and conspiracy federal fraud trial alleging fraud in a U.S. Army contract.
  • Successfully defended numerous government contractors in false claims investigations that were resolved without the filing of a civil complaint or criminal charges.
  • Obtained declinations of prosecution for numerous individuals under investigation or charged with government contracts fraud.
  • Successfully represented a government contractor in an investigation of contracting by the Air Force Thunderbirds.
  • Represented a defendant charged with defense contract fraud in connection with the investigation of Litton Industries.
  • Conducted dozens of internal investigations of potential fraud issues for defense contractors.
  • Prepared and submitted one of the first voluntary disclosures to the government by a defense contractor, a disclosure that helped form the basis for the Defense Industry Initiative and the Department of Defense Voluntary Disclosure Program.
  • Handled a number of suspension and debarment proceedings on behalf of several defense contractors.

Antitrust

  • Obtained a declination of prosecution for several major chemical companies in connection with investigations of alleged price-fixing.
  • Obtained a declination of prosecution for a national newspaper and magazine distributor in connection with an investigation of alleged market allocation.
  • Represented a variety of clients in private civil treble damage and indirect purchaser litigation alleging antitrust violations, including price-fixing, output restrictions, and market allocation.
  • Defended investigations of alleging bid-rigging in various industries, including the municipal finance industry.

Securities Fraud

  • Represented a major pharmacy and retail chain in connection with criminal and civil investigations arising from a financial statement fraud scheme alleged to have been in the hundreds of millions of dollars. Assisted the company in cooperating with the Justice Department’s investigation and prosecution of the company’s former executives. This cooperation resulted in a decision by the U.S. Attorney not to pursue any criminal or civil charges against the company.
  • Represented the CEO of YBM Corporation in connection with what was alleged to have been the largest securities fraud case involving a Canadian stock exchange.
  • Defended a prominent Houston real estate agent who was involved in one of the first “off the books” Enron partnerships as part of the Enron investigation. Obtained immunity for the client and dismissal of the civil litigation against her.
  • Represented a number of clients under investigation for alleged insider trading.

Official Corruption

  • Represented the Mayor of Philadelphia in the context of a wide-ranging investigation of alleged municipal corruption. No charges were brought against the mayor.
  • Defended the CFO of a multinational corporation in connection with an alleged scheme to make illegal campaign contributions. No charges were filed against the client.
  • Represented an Environmental Protection Agency official alleged to have received illegal pay­offs. Prosecution of the client was declined.
  • Represented a number of other present and former government officials.

Tax

  • Defended the owners of a supermarket chain charged with various federal tax evasion matters.
  • Defended the owner of an electrical contracting business charged with federal payroll tax violations and tax evasion.
  • Represented prominent real estate developers charged with federal payroll tax violations and tax evasion.
  • Defended the owner of a video amusement company charged with federal tax evasion.
  • Defended a prominent lawyer charged with federal tax evasion.
  • Represented the owners of a food distribution company charged with federal payroll tax violations and tax evasion.
  • Defended a physician and business owner charged with participation in an illegal tax shelter.

Miscellaneous

  • Represented a large university in connection with an investigation and civil class action litigation regarding alleged trafficking in human body parts. Defeated class certification.
  • Represented a prominent Civil War artifacts dealer accused of perpetrating a fraud in connection with the “Antiques Roadshow” television program.
  • Won acquittals for clients in criminal trials involving kidnapping, narcotics, and other violations.
  • Obtained two successive federal appellate reversals of a conviction and sentence of an accountant accused of mail, wire, and bank fraud.

education

  • George Washington University Law School, 1983, J.D., With High Honors
  • Franklin & Marshall College, 1979, B.A., Cum Laude