Kathleen Cooperstein

Kathleen represents corporations, directors, and other individuals in government investigations and white collar defense. Her experience includes matters involving internal investigations, the False Claims Act (FCA), Anti-Kickback Statute, and health care fraud in both criminal and civil matters. She supports her clients at every stage of litigation from grand jury proceedings to appeals to the U.S. Supreme Court.

Kathleen previously served as a trial attorney in the U.S. Department of Justice's Criminal Section Health Care Fraud Unit. In her capacity as a healthcare fraud prosecutor, Kathleen pursued fraud at all levels, including opioid distribution, kickback schemes, illegal patient recruiting, upcoding, double-billing, and psychotherapy scams. She also has investigated pharmaceutical schemes, such as rebate fraud, pharmacy shortage scams, and mail-order pharmacy fraud. This work required her to work with and gather information from PBMs and pharmacy wholesalers, giving her a unique insight into the workings of Medicare Part D and drug distribution in general.

Representative Matters

• Defended clients in civil and criminal matters with a focus on the False Claims Act and other fraud investigations/litigations.
• Litigated extensive attorney-client privilege issues in the context of corporate counsel conducting internal investigations.
• Conducted internal investigations to advise clients on potential civil and criminal liability, assist in mandatory disclosures, and negotiate resolutions with government parties.

Professional Experience

• Trial Attorney, Department of Justice, Criminal Division (2019-2023)
• White Collar Defense Associate, Private Law Practice (2013-2019)