1701 Market St.\\Philadelphia, PA 19103-2921\\United States
Eric W. Sitarchuk represents clients in government investigations and white-collar litigation. With 30 years of experience in this area, he represents clients in a wide variety of white-collar criminal matters, False Claims Act (FCA) and qui tam litigation, and Foreign Corrupt Practices Act (FCPA) and other complex federal and state investigations. Working with boards of directors, audit committees, and corporate management, Eric has conducted numerous internal investigations, and advised on the creation and implementation of corporate compliance and ethics programs. He serves as chair of the firm’s white collar and corporate investigations practice.
A Fellow of the American College of Trial Lawyers, Eric defends clients in federal criminal and civil cases that allege healthcare fraud; defense contract fraud; FCPA violations and other official corruption; securities fraud; antitrust violations; import/export offenses; theft of trade secrets; money laundering; drug diversion; tax fraud; pyramid schemes; commercial bribery; and environmental violations.
In defending organizations and individuals during US government investigations, Eric has persuaded prosecutors to take no action and close investigations of Fortune 500 companies, large healthcare institutions, and prominent lawyers, executives, and public officials. He has tried numerous cases.
Eric also brings government service experience to his practice. He worked as an Assistant US Attorney in the Criminal Division of the US Attorney’s office in Philadelphia. He also served as a Special Assistant US Attorney in the US Attorney’s office in Washington, DC, where he led the criminal investigation of federal law enforcement’s handling of the standoff at Ruby Ridge, Idaho, and its repercussions.
Eric is a frequent lecturer on topics such as FCA litigation and international investigations.
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, shipping and logistics firms, 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.
Conducted a variety of internal investigations of potential FCPA/anticorruption violations, export violations, or related compliance issues involving numerous countries, including Russia, Georgia, UAE, Brazil, Angola, Portugal, 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 US 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.
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 alleged bid-rigging in various industries, including the municipal finance industry.
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 US 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.
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.
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.
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.
Awards and Affiliations
Client Service All-Star, BTI Consulting Group (2019)
Band 1, Litigation: White-Collar Crime & Government Investigations, Pennsylvania, Chambers USA (2005–2019)
Recommended, Dispute Resolution - White-Collar Criminal Defense, The Legal 500 US (2016–2019)
Fellow, American College of Trial Lawyers
Lawyer of the Year, Health Care Law Philadelphia, The Best Lawyers in America (2020)
Lawyer of the Year, Qui Tam Law, Philadelphia, The Best Lawyers in America (2019)
Recognized, Bet-the-Company Litigation, Heath Care Law, Criminal Defense: White Collar, Commercial Litigation, Qui Tam Law, Philadelphia The Best Lawyers in America (2008–2020)
Recognized, Benchmark Litigation Star (2018)
Best of the Bar, White Collar, Philadelphia Business Journal (2018)
Recommended as a national and local litigation star for Pennsylvania for White Collar Crime in Benchmark Litigation (2010–2017)
Life Sciences Star, Fraud and Abuse (2012–2015); Non-IP Litigation and Enforcement (2016–2019), LMG Life Sciences Guide
Recognized, Who’s Who Legal: Business Crime Defense - Corporates (2005–2019)
Recognized, International Who's Who of Investigations (2014–2016)
Recognized, International Who’s Who of Business Crime Lawyers (2003–2015)
Recognized, BTI Client Service All-Star (2015)
Winner, Corporate Livewire Global Awards: Government Investigations - Pennsylvania, USA (2015)
Recognized, Pennsylvania Super Lawyers (2004–2015)
Recognized, Law360 Healthcare MVP (2012)
Member, American Bar Association, Criminal Justice Section White Collar Crime Committee
Clerkship to Judge Bruce Mencher of the Superior Court of the District of Columbia (1984 - 1985)
The George Washington University Law School, 1983, J.D., With High Honors
Franklin & Marshall College, 1979, B.A., Cum Laude