Zane David Memeger

Zane returned to Morgan Lewis in 2017 after serving nearly seven years as the US attorney for the Eastern District of Pennsylvania. As US attorney, he led an office of 130 lawyers who investigated and prosecuted criminal and civil cases in one of the nation’s largest districts. While prioritizing national security, public corruption, healthcare fraud and financial crimes on the criminal side, Zane oversaw the handling of FCA cases by one of the premier offices prosecuting FCA matters on behalf of the US Department of Justice (DOJ). During his tenure as US attorney in the Eastern District, Zane oversaw the prosecution and resolution of cases in virtually every sector of the healthcare industry: pharmaceuticals, medical device, durable medical equipment, pharmacies, medical laboratories, hospitals, health clinics, nursing homes, and hospice.

In addition to his regular duties, he served on the attorney general’s Advisory Committee, and was co-chair of the Health Care Fraud Working Group. In that capacity, Zane worked on legal and policy issues related to government enforcement efforts and interfaced regularly with representatives from the various components within the DOJ, the Office of Inspector General – Department of Health & Human Services (OIG-HHS), and the Center for Medicare & Medicaid Services (CMS). Additionally, Zane spoke regularly at compliance conferences to corporate executives, senior management officials, and compliance officers about federal government healthcare enforcement efforts and developing effective compliance and training programs to minimize operational risk.

Before his appointment as US attorney, Zane was a Morgan Lewis partner from 2006 to 2010, focusing on white collar criminal defense work and corporate investigations, with a strong concentration on healthcare fraud investigations involving criminal and civil allegations of fraud, kickbacks, and other misconduct. Zane began his association with Morgan Lewis in 1991, leaving in 1995 to serve as an assistant US attorney in the Eastern District of Pennsylvania, a position he held for more than 11 years. He received several commendations in early 2006 from then FBI Director Robert S. Mueller for his work in the investigation and prosecution of cases involving public corruption and Hobbs Act violations.

Since his return to Morgan Lewis, Zane has grown his practice beyond the healthcare and life sciences space to include representations in the financial services, construction, technology, defense contracting, and public pension fund sectors. In addition to handling litigation and internal investigations for clients in these sectors, Zane counsels and advises on the creation and implementation of corporate compliance and ethics programs to address potential FCA, FCPA, Paycheck Protection Program (PPP), and other compliance enforcement risks. Zane also continues to engage with corporate executives, senior management officials, and compliance officers at various conferences about federal government enforcement efforts and compliance program expectations.

Zane maintains an active pro bono and public interest practice where he has conducted reviews of law enforcement practices on behalf of police departments and state law enforcement agencies, and handled litigation and other projects for various local and national public interest organizations (e.g., National Center for Access to Justice, Lawyers Committee for Civil Rights Under Law, Quattrone Center for the Fair Administration of Justice, Latino Justice, Center for Constitutional Rights, Criminal Justice Act Panel for the Eastern District of Pennsylvania, Support Center for Child Advocates, Education Law Center, etc.).  Zane serves as co-leader for the Law Enforcement Policy Team for the Morgan Lewis Mobilizing for Equality (MFE) Initiative and sits on the board for the Pennsylvania Innocence Project.

Below are Zane’s representative matters as a federal prosecutor in Pennsylvania:

• After a multi-year investigation, secured a guilty verdict against then US Congressman Chaka Fattah, Sr. and four criminal associates for Racketeer Influenced and Corrupt Organizations Act (RICO) conspiracy and related public corruption offenses involving the misuse of campaign and grant funds, bribery, and money laundering
• Supreme Foodservice GmbH entered a guilty plea in 2014 to major fraud charges and paid $434 million to resolve the company’s criminal and civil liability for overcharging the government for food and bottled water being supplied to soldiers stationed in Afghanistan
• Extendicare Health Services Inc. paid $38 million in 2014 to resolve False Claims Act (FCA) allegations related to deficiencies in the operation of its skilled nursing homes

Below are Zane’s representative matters as a litigation attorney in private practice:

• Assisted a foreign based pharmaceutical company resolve criminal and civil allegations of off-label marketing and FCA violations with the US Attorney’s Office for the District of Massachusetts
• Assisted a major medical device company resolve criminal and civil allegations of Anti-Kickback Statute and FCA violations with the US Attorney’s Office for the Northern District of Georgia
• Assisted a foreign-based pharmaceutical company to review its sales and marketing program to enhance compliance with the Foreign Corrupt Practices Act
• Conducted internal review of marketing and sales program for a foreign-based pharmaceutical company to enhance compliance policies and procedures related to regulatory oversight by DOJ and HHS-OIG as to the AKS and FCA
• Provided anticorruption program training and counseling to the sales force of an international technology company
• Provided anticorruption program training and counseling to the sales force of an international pharmaceutical company
• Successfully defended medical device company in an FCA investigation by the US Attorney’s Office for the Western District of North Carolina for alleged device coding violations, reaching a favorable financial settlement with no Corporate Integrity Agreement being imposed
• Successfully negotiated on behalf of a mid-size construction company a criminal resolution to Clean Air Act charges brought by the US Attorney’s Office for the Western District of Pennsylvania, including an administrative agreement with the EPA to avoid debarment from future federal government contracts
• Obtained full declination of criminal charges against state pension fund and executives in an honest services fraud investigation by the US Attorney’s Office for the Eastern District of Pennsylvania
• Led internal investigation on behalf of non-profit organization into the cyber theft of operating funds and successfully negotiated a financial settlement with insurance company that originally denied coverage under organization’s cyber liability insurance policy
• Conducted internal investigation for international chemical company, which included a review of policies and procedures for monitoring and reporting emission incidents to state and federal environmental regulators
• Conducted internal investigation and review of FCPA policies and procedures on behalf of major financial services company
• Provided legal guidance on FCPA to international energy services company for purposes of conducting internal investigation related to alleged bribe requests
• Conducted review and assessment of FCPA policies and procedures for publicly traded pharmaceutical company
• Developed internal policy and procedure for technology firm to respond to government inquiries
• Conducted an after action review of a police shooting on behalf of state attorney general with findings and recommendations
• Provided legal advice and guidance to national healthcare provider regarding responses to grand jury subpoenas issued by the Pennsylvania Attorney General’s Office in multiple matters
• Representation of numerous individuals and organizations in criminal grand jury proceedings and civil administrative proceedings involving requests for documents and witness testimony