Eric W. Sitarchuk

A fellow of the American College of Trial Lawyers, Eric has defended clients in a broad variety of criminal and civil whitecollar matters. He is also widely regarded for his False Claims Act defense work, bet-the-company litigation, and institutional crisis management.

In defending organizations and individuals during US government investigations, Eric has persuaded prosecutors to take no action and close investigations of Fortune 100 and multinational companies, large healthcare institutions, and universities, as well as prominent executives, lawyers, and public officials. He has tried numerous cases both as a former federal prosecutor and defense lawyer.

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.

Representative Matters

• Eric is lead national counsel for a major pharmaceutical manufacturer in the opioid multi-district litigation, and multiple opioid investigations and lawsuits brought by state Attorney General offices. As such, he oversees the client’s defense of more than 3,000 lawsuits filed throughout the United States, as well as defends state Attorneys General matters throughout the United States. Eric is also lead settlement counsel for the client. 
• Defended U-Haul of Pennsylvania against a federal criminal indictment alleging that the company violated hazardous materials laws in connection with a fatal propane tank explosion. The case was resolved through a plea to a single technical violation with all other charges dismissed.
  Represents one of the world’s largest technology companies in connection with the fulfillment of its obligations under a non-prosecution agreement arising from a FCPA investigation and resolution.
• Represented an aerospace company in the defense of a federal criminal matter and a civil lawsuit, both premised on allegations by a competitor of theft of trade secrets and industrial espionage. The civil case was dismissed based on misconduct by the competitor and the judge in the course of the litigation. The government voluntarily dismissed the criminal case. The competitor then agreed to settle a substantial counterclaim brought against it by the client.
• Has won dismissals in numerous False Claims Act matters in jurisdictions throughout the United States.

False Claims Act/Qui Tam Litigation

• Has served as lead defense counsel for decades in some of the nation’s most significant criminal and civil False Claims Act and qui tam matters.
• In healthcare cases, has defended major pharmaceutical manufacturers, national pharmacy chains, hospital and integrated healthcare systems, a national drug wholesaler, health insurers and managed care organizations, long -term care facilities, providers of healthcare consulting services, and physician practices, among others.
• In government contract matters, has defended major defense contractors, technology companies, 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.
• Represented financial institutions in both federal and state False Claims Act cases.
• Represented a variety of companies in state False Claims Act matters alleging a failure to escheat to states funds in their possession. 
• Litigated numerous nonintervened qui tam cases to successful conclusions.
• Served as an expert witness on False Claims Act litigation.

Criminal Defense

• Represented institutional and individual clients in the defense of federal criminal charges or investigations involving alleged official corruption, FCPA violations, tax fraud, ERISA fraud, bank fraud, price fixing, bid rigging, insider trading, market manipulation, kickbacks and commercial bribery, government contracts fraud, FDA violations, healthcare billing fraud, import/export offenses, theft of trade secrets, economic espionage, money laundering, environmental violations, Controlled Substance Act matters, and other federal offenses.  
• Negotiated a criminal misdemeanor plea for a national specialty pharmacy accused of not following good manufacturing practice.
• Negotiated a $425 million global civil and criminal settlement for a major biotech pharmaceutical manufacturer of litigation and investigations alleging illegal off-label marketing.
• Served as trial attorney for General Electric Corporation in a nearly four-month -long federal criminal false claims and conspiracy trial alleging fraud in a US Army contract.
• Represented a prominent Civil War artifacts dealer accused of perpetrating a fraud in connection with the “Antiques Roadshow” television program.
• Represented a client in connection with an indictment alleging illegal conversion of union funds, and tax and bank fraud.
• Defended a prominent doctor accused of illegally dispensing diet medication in a federal criminal trial.
• Obtained two successive federal appellate reversals of a conviction and sentence of an accountant accused of mail, wire, and bank fraud.
• Won acquittals for clients in criminal trials involving kidnapping, narcotics, and other violations.

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 theories (theories including speaker programs, charitable contributions, and many others) Medicare Parts C, drug switching, and controlled substance diversion programs.
• 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 US 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. 

International Investigations

• Conducted a variety of internal investigations of potential FCPA/anticorruption violations, export violations, or related compliance issues involving numerous countries, including Russia, Georgia, Brazil, Angola, Portugal, Singapore, South Korea, Poland, the 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

• 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.
• Represented a shipping firm and logistics contractor in connection with shipments into the war theater in Afghanistan. 
• Successfully represented a government contractor in an investigation of contracting by the US 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 US
• 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 pricefixing.
• 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 pricefixing, output restrictions, and market allocation.
• Defended investigations of alleged bidrigging 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 US 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.

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 US 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 major university in connection with state and federal investigations of the alleged misrepresentation of college rankings data to US News & World Report.
• Conducted an internal investigation regarding the outbreak of COVID-19 at a long -term care facility. 
• Represented a charitable foundation associated with a major public figure in connection with an investigation by the New York Attorney General of the alleged misuse of charitable funds.
• Represented a major university in connection with an investigation and civil class action litigation regarding alleged trafficking in human body parts. Defeated class certification.