The Boston Bar Association held its annual White Collar Crime Conference on May 7, 2026, featuring lawyers from the defense and plaintiffs’ bar and current and former prosecutors from the US Attorney’s Office for the District of Massachusetts (the Office) and the Office of the Massachusetts Attorney General.
The conference addressed important areas of enforcement that have been at the forefront of the US administration’s enforcement priorities, including a panel dedicated to the array of investigations and enforcement actions involving federal grant recipients. But the highlight of the conference, and the focus of this blog, was the healthcare fraud panel, during which representatives from the Office emphasized that enforcement activity in the District of Massachusetts remains business as usual.
Insight from the Office
When asked about the current state of the Office, Assistant US Attorney (AUSA) Mackenzie Queenin, chief of the Health Care Fraud Unit, and AUSA Brian LaMacchia, chief of the Affirmative Civil Enforcement (ACE) Unit, said their respective units were nearly “fully staffed.” AUSA Queenin stated that she was seeking to recruit “aggressive prosecutors” for two openings, but AUSA LaMacchia reported that ACE was “firing on all cylinders” with nine other experienced AUSAs in addition to himself. Both pointed to recent settlement figures from fiscal year 2025 as evidence that healthcare fraud enforcement, both civil and criminal, is alive and well in Massachusetts.
AUSA Queenin specifically noted that the Health Care Fraud Unit has embraced DOJ Main Justice’s approach to move corporate investigations along more quickly, noting repeatedly that the Office will not be allowing investigations to languish for years before an ultimate resolution. She also reminded the audience that the Office had decided in the fall of 2025 to partner with Main Justice on the New England Strike Force, which gives the Office access to additional data mining tools and data analysts to help make healthcare fraud cases.
Both AUSA Queenin and AUSA LaMacchia reiterated that the Office’s enforcement priorities are consistent with Main Justice and focused on areas that cause the cost of healthcare to rise for consumers. They specifically identified the following areas of focus:
- Kickbacks to Healthcare Professionals (HCPs) through traditional mechanisms like speaker programs that lead to overutilization of drugs and procedures
- Managed care fraud
- Fraudulent schemes involving manufacturers of durable medical equipment (DME)
- Pharmaceutical manufacturer drug price reporting
- Benefits to beneficiaries, including copayment assistance
- Medically unnecessary laboratory services
A new area highlighted by AUSA Queenin and other panelists was the increase in criminal investigations and resolutions under the federal Food, Drug, and Cosmetic Act (FFDCA). The panel specifically referenced the recent deferred prosecution agreement with Kimberly-Clark Corporation related to the sale of allegedly adulterated surgical gowns and the recent sentencing of three officers of Magellan Diagnostics for the introduction of misbranded medical devices into interstate commerce and making false statements. Panelists noted the US Food and Drug Administration’s Office of Criminal Investigations’ willingness to work with the US Department of Justice (DOJ) to pursue more investigations of adulteration and misbranding under the statute, which may signal an enforcement trend.
Defense and Whistleblower Perspectives on Changes at DOJ
Representatives from the defense bar and the whistleblower bar responded to the Office’s pronouncement of full staffing and continued aggressive enforcement. Gregg Shapiro, former District of Massachusetts AUSA and current whistleblower attorney, claimed that several US Attorney offices around the country had been “decimated,” which is a big factor for him when deciding where to bring cases. He also claimed that, despite DOJ’s seemingly record-setting False Claims Act (FCA) recoveries from fiscal year 2025, the numbers on settlements and recoveries did not tell the full story, especially in light of the recent departures from the country’s other largest US Attorney offices.
Mr. Shapiro noted that, of the $6.8 billion purportedly recovered by DOJ in 2025, nearly half of that figure was the result of two FCA trials that may not actually lead to a full recovery by the government. He also stated that the whistleblower awards for the year, approximately $330 million, were less than in previous years, implying that DOJ hasn’t put its full resources behind investigating many of the record-setting number of qui tam (whistleblower) complaints filed in the last year.
In addition, a member of the defense bar asked AUSA LaMacchia whether enforcement against pharmaceutical manufacturers is still a priority for the office and referred to comments from Deputy Attorney General Brenna Jenny, who spoke at the Pharmaceutical Compliance Congress, where she noted that there had yet to be an FCA settlement with a pharmaceutical manufacturer this year. AUSA LaMacchia responded unequivocally, “no,” and that enforcement in the pharmaceutical industry remained a top priority for the Office. Overall, there appeared to be tension between the Office’s “business as usual” approach and the views expressed by members of the whistleblower and defense bars.
Massachusetts AG Reiterates Strong Enforcement Presence
Kevin Lownds, Division Chief, Medicaid Fraud Division of the Massachusetts Attorney General’s Office, explained that the state has continued its enforcement efforts, even when not directly partnered with the Office. Mr. Lownds noted that the AG’s office has experienced a strategic shift in the past year, joining “national” qui tams even when DOJ has declined to intervene in the case. The message to attendees was clear: the AG’s office is going to pursue investigations and enforcement even when the Office, or other USAOs, may not be able to join the fray.
Importantly, Mr. Lownds also said that the Medicaid Fraud Division is focused on two areas of fraud and abuse specifically: (1) Applied Behavioral Analysis (ABA) therapy for children with autism and (2) non-emergency medical transportation. Both areas have simultaneously been the focus of audits by the US Department of Health and Human Services Office of Inspector General (HHS OIG), which has found tens of millions of dollars of unsupported claims in several states, particularly with respect to ABA therapy.
Key Takeaway
While there may have been a lag in enforcement in 2025 from the Office, stakeholders should take the message of “fully staffed” resources that are “firing on all cylinders” seriously. It’s foreseeable that the additional personnel, coupled with the administration’s continued public support for robust enforcement of healthcare fraud, waste, and abuse, will increase the Office’s investigative and enforcement activity.
Rather than letting down their guard, stakeholders in the healthcare and life sciences industries should get ahead of this increased activity by taking steps to analyze internal data and bolster compliance programs to be prepared to swiftly and strategically respond to an inquiry from the Office.