honors + affiliations
Fellow, American College of Trial Lawyers
Listed, Chambers USA: America’s Leading Lawyers for Business (2005–2013)
Listed, The Best Lawyers in America, White Collar Defense, Health Care, and Commercial Litigation (2008–2012)
Listed, International Who's Who of Business Crime Lawyers (2003–2012)
Listed, Pennsylvania Super Lawyers, Top 100 in Pennsylvania (2004–2011)
Listed, Legal Media Group's Life Sciences "Life Sciences Star" – Fraud and Abuse (2012–2013)
Listed, Law360 Healthcare MVP (2012)
Listed, "Litigation Star," Benchmark Litigation (2013)
Member, American Bar Association, Criminal Justice Section White Collar Crime Committee
Member, American College of Trial Lawyers’ Federal Criminal Procedure Committee
Eric W. Sitarchuk is a partner in Morgan Lewis's Litigation Practice and co-chair of the White Collar Litigation and Government Investigations Practice. Mr. Sitarchuk focuses his practice on white collar litigation and has more than 25 years of experience in this area. He also handles related civil litigation, including Civil False Claims Act actions and antitrust class action defense. Mr. Sitarchuk has defended federal criminal and civil cases alleging healthcare fraud, clinical research fraud, antitrust and securities violations, import/export violations, technology transfer, theft of trade secrets, defense contract fraud, money laundering, official corruption, tax fraud, pyramid schemes, commercial bribery, environmental violations, kidnapping, and a variety of other offenses.
Mr. Sitarchuk's practice also includes defending complex government investigations. He has successfully persuaded prosecutors to take no action and close investigations of prominent lawyers, executives, public officials, Fortune 500 companies, and other institutions. Mr. Sitarchuk also counsels clients, including boards, 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 Chambers USA: America's Leading Lawyers for Business in "Leaders in Their Field" in the area of litigation, The Best Lawyers in America, the International Who's Who of Business Crime Lawyers, and 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 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 United States 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 white collar crime and Civil False Claims Act litigation. 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.
Healthcare Fraud and Abuse:
- Representation of a broad variety of pharmaceutical industry clients in criminal and civil investigations and litigation of issues, including off-label promotion, marketing practices, clinical trials and disclosure of adverse events, employment of an excluded pharmacist, pharmaceutical pricing (AWP), Anti-Kickback Act, best price, and drug switching.
- 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.
- Representation of 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.
- 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, major pharmaceutical manufacturer, and a national provider of mental health services.
- Declination of prosecution in civil investigation of billing fraud in the provision of psychiatric services.
- Declination of criminal and civil prosecution of a major pharmaceutical company in an investigation of marketing practices in relation to a physician-administered drug.
- Declination of criminal and civil prosecution of a national managed care company in an investigation related to alleged violations of the Anti-Kickback Act and Medicaid Best Price rules.
- Declination of criminal and civil prosecution of a major hospital in an investigation of billing and medical necessity issues.
- Declination of criminal and civil prosecution of a major hospital in an investigation of supervision of surgery residents.
- Successful defense of individuals in a criminal and civil investigation of the conduct of a university based gene therapy clinical trial.
- Defense of administrative and civil investigations into pharmacy practices and billing.
- Favorable settlement of a civil investigation alleging violation of incident to billing rules, including securing an agreement by the Office of Inspector General not to require a Corporate Integrity Agreement.
- Review and analysis of the Compliance Program of a large hospital network.
- Federal criminal trial defense of a prominent doctor accused of illegally dispensing diet medication.
- Numerous internal investigations and voluntary disclosure of potential healthcare fraud and abuse issues.
International Business Investigations:
- Conducted a number of internal investigations of potential Foreign Corrupt Practices Act violations.
- Counsel clients on FCPA issues and FCPA compliance programs.
- Defense of criminal investigation of alleged violations of the International Trading in Arms in Arms Regulations (ITAR).
- Criminal declination of company under investigation for various alleged export violations.
- Successful defense of individual under investigation for alleged illegal exports to China.
- Represented individual charged with customs and other violations in connection with importation of software.
False Claims Act Litigation:
- Lead defense counsel in numerous false claims act matters throughout the United States.
- In healthcare matters, have defended a number of major pharmaceutical manufacturers, a national pharmacy chain, hospital and integrated healthcare systems, a national drug wholesaler, health insurers and managed care, a national utilization management company, among others.
- In government contract matters, have defended major defense contractors, aerospace manufacturers, and other suppliers of goods and services to the government.
- Represented numerous healthcare providers and government contractors in False Claims Act investigations where the government elected not to intervene or were otherwise declined without civil or criminal charges.
- An expert witness on False Claims Act investigations and litigation.
Government Contracts Fraud:
- Trial attorney for General Electric Corporation in a 3½ 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.
- Successful representation of a government contractor in an investigation of contracting by the Air Force Thunderbirds.
- Represented defendant charged with defense contract fraud in connection with investigation of Litton Industries.
- Conducted dozens of internal investigations of potential fraud issues for defense contractors.
- Preparation and submission of one of the first voluntary disclosures to the government by a defense contractor, a disclosure which helped form the basis for the Defense Industry Initiative and the Department of Defense Voluntary Disclosure Program.
- Have handled a number of suspension and debarment proceedings on behalf of several defense contractors.
- Declination of prosecution of several major chemical companies in connection with investigations of alleged price-fixing.
- Declination of prosecution of a national newspaper and magazine distributor in connection with an investigation of alleged market allocation.
- Representation of a variety of clients in private civil treble damage and indirect purchaser litigation alleging antitrust violations, including price fixing, output restrictions and market allocation.
- Defense of a variety of investigations of alleging bid-rigging in various industries, including the municipal finance.
- Representation of 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 company in cooperating with the Justice Department’s investigation and prosecution of the company’s former executives. This cooperation resulted in a decision by United States Attorney not to pursue any criminal or civil charges against the company.
- Representation of the CEO of YBM Corporation in connection with what was alleged to have been the largest securities fraud case involving a Canadian stock exchange
- Defense in the Enron investigation of a prominent Houston real estate agent who was involved in one of the first “off-the-books” Enron partnerships. Obtained immunity for the client and dismissal of the civil litigation against her.
- Representation of a number of clients under investigation for alleged insider trading.
- 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 EPA official alleged to have received illegal pay-offs. Prosecution of the client was declined.
- Represented of a number of other present and former government officials.
- Defended owners of a supermarket chain charged with various federal tax evasion.
- Defended owner of 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 owner of video amusement company charged with federal tax evasion.
- Defense of prominent attorney charged with federal tax evasion.
- Represented owners of food distribution company charged with federal payroll tax violations and tax evasion.
- Defense of physician and business owner charged with participation in an illegal tax shelter.
- 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 of clients in criminal trials involving kidnapping, narcotics and other violations.
- Obtained two successive federal appellate reversals of a conviction and sentence of accountant accused of mail, wire, and bank fraud.
- George Washington University Law School, 1983, J.D., With High Honors
- Franklin & Marshall College, 1979, B.A., Cum Laude