Gregory S. Saikin

Experience

White Collar Defense

• Co-counsel for national healthcare provider in Harbor Healthcare Sys. v. United States 5 F.4th 593 (5th Cir. 2021), the groundbreaking federal appeals court decision finding that the Department of Justice acted in “callous disregard” of his client’s rights in connection with its execution of five corporate search warrants.
• Days before federal trial, secured “bust down” to single misdemeanor charge on behalf of noted pro sports bettor originally indicted on multiple felony currency structuring counts in the District of Nevada.
• On behalf of Florida substance abuse treatment operator, obtained published court opinion of first impression holding that the state must prove “specific intent” to convict under the Florida Patient Brokering Act.
• Successfully defended high net worth oilfield services operator against IRS money laundering and tax evasion investigation, resulting in declination of enforcement.
• Defended real estate developer in connection with FBI international money laundering investigation in the Western District of Texas, resulting in no charges.
• Defended plastics manufacturer under FCPA investigation for alleged payments to foreign officials, resulting in no charges.
• Defended city council member under FBI investigation for public corruption involving contract procurements in the Southern District of Texas, resulting in no charges.
• Defended oilfield services company under FBI investigation in the Southern District of Texas for alleged export control violations, resulting in no charges.
• Defended California acute care hospital under FBI health care fraud investigation, resulting in no charges.
• Defended independent diagnostic testing facility owner under OIG investigation for federal anti-kickback statute violations in the Southern District of Texas, resulting in no charges.
• Defended owner of compounding pharmacy under OIG investigation for alleged federal anti-kickback statute violations in the Eastern District of Tennessee, resulting in no charges.
• Defended home health agency under FBI investigation for health care fraud in the Southern District of Texas, resulting in no charges.
• Defended radiologist under OIG investigation for alleged federal anti-kickback statute violations in the District of New Jersey, resulting in no charges.
• Defended chiropractor against health care fraud and bribery charges in the Eastern District of Missouri, resulting in sentence 50 percent lower than the low end of federal sentencing guidelines.
• Defended pipeline company in response to groundwater contamination investigation by state regulators, resulting in no enforcement action.
• Defending national post-acute company in response to FBI investigation and search warrants in the Eastern District of Texas.
• Defending national pharmacy company in response to FBI and OIG investigation for health care fraud in the District of Utah.
• Defending hotel developer in connection with FBI investigation in the Southern District of Texas related to agreement with local economic development corporation.

Civil and Administrative Matters

• Despite target letters from the U.S. Department of Justice alleging violations of the False Claims Act, successfully defended executive vice president of national post-acute company with no claims filed.
• Defended national compounding pharmacy in response to DEA diversion charges, reducing alleged penalties from $1.2 mm to $60,000.
• Defended pain management clinic in response to DEA diversion investigation, resulting in warning letter.
• Defending national mail order compounding pharmacy in response to diversion investigation by the Massachusetts Attorney General involving consumer protection allegations.
• Routinely represent clients across industries in response to Civil Investigative Demands and related inquiries by state attorneys general.
• Conducted internal investigation on behalf of refinery client, arising out of self-dealing allegations against former vice president.
• Defended pediatric rehabilitation facility against OIG overpayment demand exceeding $1 mm, resulting in $55,000 settlement.
• Defending numerous healthcare providers under audit by the Texas Health and Human Services Commission, Office of Inspector General (OIG) and Zone Program Integrity Contractors (ZPIC)
• Routinely advise clients dispensing controlled substances on various DEA regulations, including DEA Form-106 filings.

Memberships

• Houston Bar Association
  • Healthcare Section
  • Criminal Law and Procedure Section: Secretary and Treasurer
• American Health Lawyers Association