Shevon L. Scarafile

Partner

Shevon L. Scarafile represents clients in civil and criminal government investigations, internal investigations, and complex commercial litigation. With a focus on the life sciences industry, Shevon defends pharmaceutical companies, medical device manufacturers, and other healthcare or services companies facing government investigations and civil litigation arising under the False Claims Act, the Anti-Kickback Statute, the Federal Food, Drug, and Cosmetic Act, the Foreign Corrupt Practices Act, and other federal and state civil and criminal laws. She regularly defends and counsels clients in matters involving a broad array of related issues, including off-label promotion, marketing practices, clinical trials, regulatory submissions, pharmaceutical pricing, drug packaging and anti-kickback concerns. She also conducts internal investigations and advises clients on the creation and implementation of compliance programs.

Extended Profile

In addition, Shevon serves as National Discovery Counsel to a major pharmaceutical company. She manages and counsels the company regarding strategic discovery decisions across the client’s broad litigation portfolio to ensure consistent and defensible positions across all of its matters. Shevon is well-versed in current best practices in e-discovery and counsels companies on legal trends, litigation risks, technology advancements, and enhancements to the discovery process.

Her active pro bono work includes representing veterans to obtain discharge upgrades and additional military benefits.

selected representations

Healthcare Fraud and Abuse

Representation of major pharmaceutical manufacturer in a criminal investigation involving allegations of kickback violations regarding speaker programs.
Representation of major medical device manufacturer in a criminal investigation involving allegations of kickback violations regarding financing program.
Represented major medical device manufacturer in a criminal investigation involving allegations of the sales and distribution of adulterated products and negotiated non-prosecution agreement and compliance program.
Defended a medical device manufacturer in responding to government investigations conducted regarding misbranding allegations under the Food, Drug, and Cosmetic Act.
Represented multiple major pharmaceutical manufacturers in response to allegations of government contract overpayments.

False Claims Act/Qui Tam Litigation

Won motion to dismiss with prejudice in non-intervened False Claims Act case brought by relator against major pharmaceutical manufacturer regarding the packaging of its products.
Attained declination of government intervention and dismissal by relators in False Claims Act case against major pharmaceutical manufacturer alleging off-label promotion and kickbacks.
Represented major pharmaceutical manufacturer in False Claims Act government investigation regarding relationship with PBMs and government declined to pursue case.
Attained declination of government intervention and dismissal by relators in case alleging violations of False Claims Act against information technology company.

Internal Investigations

Conducted internal investigation of major pharmaceutical manufacturer regarding allegations of clinical trial fraud.
Conducted multiple internal investigations of major pharmaceutical manufacturers in response to allegations by former executives and employees of off-label promotion, payment of kickbacks, and improper marketing practices.
Conducted an internal investigation for a national health insurance company and assessed whistleblower allegations under the False Claims Act.
Counseled clients on compliance programs and remediation efforts.

Other Significant Representations:

Representation of Fortune 500 company in criminal investigation regarding bribery allegations.
Defended a major chemical manufacturer in government investigation regarding allegations of violations of the Controlled Substances Act and Drug Enforcement Administration regulations.
Defended a medical device manufacturer government investigation regarding allegations of Foreign Corrupt Practices Act violations.
Represented hospital in responding to inquiries received from Securities Exchange Commission.
Represented a medical device manufacturer as plaintiff in breach of contract action against foreign defendant.
Represented a Fortune 50 company as plaintiff in litigation regarding violations of the Lanham Act and several state false advertising laws
Defended a major restructuring company in litigation regarding allegations of mismanagement of bankruptcy