M. Richard Mullins

Representative Experience

• In a three-week trial, successfully  defended the former chief executive officer of a publicly traded laboratory company charged with participating in alleged criminal conspiracies to commit Medicare fraud and securities fraud. In the former count, the government brought what is believed to be the first federal prosecution of laboratory executives for alleged violations of the anti-kickback law. The client was acquitted on both counts.
• Obtained summary judgment on behalf of physician surgical group in qui tam action on more than 2,200 allegedly false claims involving multiple alleged schemes to defraud Medicare.
• Obtained a directed verdict in a trial where the plaintiff brought multiple tort and breach of contract claims against a hospital for alleged improper billing practices.
• Obtained dismissals on behalf of physician surgical groups in qui tam cases based on alleged Medicare fraud.
• Successful resolution on behalf of hospital in connection with U.S. Department of Justice’s national enforcement initiative regarding Medicare billing for implantable cardioverter defibrillators (ICDs), coordinating experts to defend hospital practices and compliance department to implement proactive procedures to ensure regulatory conformity.
• Successful resolution on behalf of hospital in connection with qui tam case in which U.S. Department of Justice and State of Oklahoma intervened involving allegations of improper billing for inpatient services versus outpatient services.
• Successful resolution on behalf of hospital in connection with U.S. Department of Justice and State of Oklahoma investigation into allegedly improper billing for inpatient services.
• Successful resolution on behalf of construction company in connection with False Claims Act case brought by U.S. Department of Justice for allegedly improper billing for non-conforming materials.
• Successful resolution on behalf of technology research company in connection with False Claims Act allegations brought by U.S. Department of Defense.
• Representation of government contractor in a False Claims Act lawsuit brought by a relator and corresponding grand jury investigation.
• Representation of several hospitals and physician groups in internal investigations and subsequent self-disclosures under OIG self-disclosure protocol for overbilling and potential false claims issues.
• Obtained summary judgment and successfully resolved cases involving health insurance coverage disputes involving allegations of bad faith.
• Pre-litigation negotiation and resolution of allegations of fraud and abuse made by the government against physician practices and hospitals.
• Successful representation of national wholesaler in a multi-plaintiff employment dispute.
• Representation of client in equity skimming allegations brought by the U.S. Department of Justice on behalf of the U.S. Department of Housing and Urban Development.
• Spearheaded numerous internal investigations on behalf of entities alleged by the government, whistleblowers or others to have engaged in defrauding the government or government-regulated institutions. Such entities have included physician groups, hospitals, construction companies, and government contractors.