Robert S. Salcido

Partner

Areas of Focus

Robert S. Salcido

Partner

rsalcido@akingump.com

Areas of Focus

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Biography
  • Represents Fortune 500 companies, major nonprofit health care systems and executives in responding to governmental civil and criminal investigations.
  • One of the few lawyers who has successfully litigated multiple FCA actions against the government at trial and at summary judgment.
  • Has authored an extensive (1050 pages) FCA treatise and more than 30 articles and spoken at more than 70 conferences regarding the scope and application of the FCA and health care fraud and abuse laws.
  • Recognized by multiple publications for prevailing in several high stakes FCA lawsuits.

Robert Salcido represents clients in False Claims Act (FCA) and qui tam litigation and provides counseling regarding the application of health care fraud and abuse laws. As lead counsel, he has successfully defended a number of FCA actions by obtaining the dismissal of the lawsuit on appeal, at trial, at summary judgment and at the pleading stage.

Robert has authored books and multiple articles, including several cited in court decisions, regarding the FCA and health care fraud and abuse laws. Robert has lectured extensively on defenses to FCA actions; health care coding compliance; and FCA whistleblower litigation, including national conferences sponsored by the American Bar Association, the American Health Law Association and the Health Care Compliance Association.

Prior to joining Akin, Robert was a trial attorney with the U.S. Department of Justice in the Civil Fraud Unit from 1988 to 1993. He prosecuted cases under the FCA, handled cases under the FCA’s voluntary disclosure provisions and concentrated on whistleblower actions brought under the qui tam provisions of the FCA.

Click here for a full list of Robert’s written works, including books, chapters in books and articles.

Representative Work

Robert has successfully defended FCA actions at trial, summary judgment, appeal and at the pleading stage.

  • Represented Golden Living in an FCA action where the federal government had sued Golden Living’s predecessor company, Beverly Enterprises, for $895 million, alleging that Beverly had engaged in an unlawful kickback scheme with McKesson Corp. in violation of the Anti-Kickback Act and the FCA. After 14 days of trial, the court ruled that Beverly and McKesson did not violate the FCA or the Anti-Kickback Act because their business negotiations were fair, reasonable and conducted in good faith. Reported Decision: United States of America ex rel. Jamison v. McKesson Corp., 900 F. Supp. 2d 683 (N.D. Miss. 2012).

Recent Successful FCA Actions at Summary Judgment

  • Represented Aegis Therapies (a rehabilitation therapy company) and a Golden Living skilled nursing facility (SNF) where the federal government had alleged that defendants provided medically unnecessary rehabilitation therapy. The district court granted defendants’ summary judgment motion. Reported Decision: United States ex rel. Lawson v. Aegis Therapies, Inc., 2015 U.S. Dist. LEXIS 45221 (S.D. Ga. Mar. 31, 2015).
  • Represented a physician and multispecialty group practice that the government accused of providing medically unnecessary services. The district court dismissed all of the government’s claims on summary judgment. Ultimately, because the United States’ action lacked “substantial justification,” the U.S. was ordered to pay defendants more than $400,000 in legal fees. In making the ruling, the court ruled that Medicare fraud law is an area of expertise and that it was undisputed that Robert possessed such expertise. Reported Decision: United States v. Prabhu, 442 F. Supp. 2d 1008 (D. Nev. 2006).
  • Represented Golden Living in an action where relator and government sued multiple defendants alleging that they violated the FCA because they knowingly created and operated a supply company in violation of Medicare Supplier Standards. The district court granted defendants’ summary judgment motion regarding the Supplier Standards allegations, finding that the government’s prior administrative proceedings demonstrated that the defendant supply company was entitled to payment. Reported Decision: United States of America ex rel. Jamison v. McKesson Corporation, 784 F. Supp. 2d 664 (N.D. Miss. 2011).
  • Represented Huron Consulting Group in a qui tam action alleging that Huron caused St. Vincent’s Catholic Medical Centers to inflate its charges to obtain an unlawfully excessive amount of Medicare outlier payments. At summary judgment, the court dismissed plaintiff’s claim, ruling that there could be no FCA violation as a matter of law because the alleged practice—raising charges on the chargemaster, which resulted in the receipt of additional outlier payments—”was not forbidden by either regulation or standard practice.” Reported Decision: United States ex rel. Assoc. Against Outlier Fraud v. Huron Consulting Grp., Inc., 929 F. Supp. 2d 245 (S.D.N.Y. 2013).
  • Represented Golden Living nursing facility where plaintiff alleged that nursing facility submitted false claims because it employed an unlicensed nurse. The court granted defendant’s motion, finding that under the Centers for Medicare & Medicaid Services’ (CMS)’ rules, the license never became invalid. Reported Decision: U.S. ex rel. Jehl v. GGNSC Southaven, LLC, 2022 U.S. Dist. LEXIS 58251 (N.D. Miss. Mar. 30, 2022).

Successful FCA Appeals

  • Represented Huron Consulting Group before the 2nd Circuit, which affirmed the district court ruling at summary judgment to dismiss relator’s FCA action. Reported Decision: United States ex rel. Assoc. Against Outlier Fraud v. Huron Consulting Grp., Inc., 567 Fed. Appx. 44 (2d Cir. 2014).
  • Represented Trinity Industries in its appeal from a $663 million FCA judgment. The 5th Circuit reversed the trial court’s verdict, finding that the relator failed to satisfy the FCA’s materiality element. Reported Decision: United States ex rel. Harman v. Trinity Indus., Inc., 872 F.3d 645 (5th Cir. 2017).
  • Represented Golden Living nursing facility before Fifth Circuit, affirming district court ruling at summary judgment that relator’s action was meritless. Reported decision: United States ex rel. Jehl v. GGNSC Southaven LLC, 2022 U.S. App. LEXIS 33584 (5th Cir. Dec. 6, 2022).
  • Represented ExxonMobil before the 10th Circuit, which affirmed the district court’s dismissal of the relator’s action under public disclosure bar. Reported Decision: In re re Natural Gas Royalties Qui Tam Litigation, 562 F.3d 1032 (10th Cir. 2009).
  • Represented Golden Living before the 5th Circuit, which affirmed the district court’s dismissal of the relator’s action under FCA public disclosure bar. Reported Decision: United States ex rel. Jamison v. McKesson Corp., 649 F.3d 322 (5th Cir. 2011).

Other Successful FCA Defenses

  • Along with successfully representing defendants at trial, summary judgment and appeal, Robert has served as lead counsel in multiple FCA actions where the court dismissed the FCA actions at the pleading stage.

Click here for a full list of litigation where Robert was lead or co-counsel resulting in the Court’s dismissal of FCA lawsuits.

"Robert Salcido is one of the most knowledgeable lawyers about the False Claims Act in the country."
Chambers USA, 2021

Education
  • J.D., Harvard Law School, 1988

  • B.A., Claremont McKenna College, 1984

Bar Admissions
  • California

  • District of Columbia

Recognitions

Robert has won extensive recognition for FCA litigation success:

  • Selected for inclusion in The Best Lawyers in America, 2021-2022.
  • Recognized by BTI Consulting Group as 2020 Client Service All-Star, which is based on in-depth interviews with general counsel and recognizes lawyers who have been identified as “delivering the absolute best levels of client service.”
  • Recognized by The National Law Journal in its 2019 inaugural list of Health Care Law Trailblazers regarding those who have made an impact through new strategies or innovative court cases for several notable FCA wins.
  • Recognized by The National Law Journal in its 2018 Winning Litigators chosen for their “great results for clients in high stakes matters” for obtaining a successful trial verdict in an FCA lawsuit.
  • Chambers USA: America’s Leading Lawyers for Business. In the 2011-2019 editions of Chambers USA, Robert is listed under Healthcare: Regulatory & Litigation, Leading Individuals (Nationwide) (Band 1) and as Healthcare Leading Individuals (District of Columbia) (Band 1). In the 2020-2023 editions, he is listed under Healthcare (District of Columbia) (Band 1).
  • Recognized by The National Law Journal in its 2014 Litigation Trailblazers & Pioneers as one of 50 “people who have made a difference in the fight for Justice” for his outstanding work in defending FCA lawsuits.
  • Recognized in Law360, which selected Robert as one of the four Health Care MVPs for 2012 based upon a successful trial verdict obtained in defense of a national skilled nursing facility chain in an $895 million FCA lawsuit the government filed.
  • Recognized by Washington, DC Super Lawyers in the health care practice area (2008-2011; 2013-2020).

Robert also won awards for his governmental service, including:

  • 1993 Department of Health and Human Services Office of Inspector General (OIG) Integrity Award (highest award OIG bestows to individuals outside of the OIG).
  • 1992 United States Department of Justice Special Achievement Award (for Sustained Superior Performance of Duty).
  • 1991 United States Department of Justice Special Achievement Award (for Sustained Superior Performance of Duty).
Speeches and Publications
  • “Trending Defenses to Contest False Claims Act, Stark, Kickback Allegations,” American Health Law Association Fraud and Compliance Forum, September 28, 2023.

  • “False Claims Act Litigation Update,” American Health Law Association Annual Meeting, June 26, 2023.

  • “AseraCare’s Aftermath and Other Trending False Claims Act Defenses Related to Government Investigations and Litigation Against Long Term and Post-Acute Care Providers,” American Health Law Association Long Term and Post-Acute Care Law and Compliance 2023, March 2, 2023.
  • “Health Care Fraud and Abuse: 2022 False Claims Act Update,” American Health Law Association, October 19, 2022.
  • “False Claims Act Update,” American Health Law Association Fraud and Compliance Forum, September 28-30, 2022.
  • “Hot topics 2022: Focus on Infrastructure and Pandemic Relief Funds,” American Bar Association Virtual Civil False Claims Act and Qui Tam Enforcement Institute, September 12-14, 2022.
  • “Efficiently and Effectively Managing Government Law Enforcement Investigations,” American Health Law Association In-House Counsel Program, June 26, 2022.
  • “FCA Activity Surrounding Nursing Homes, Skilled Nursing Facilities, and Hospice Care: Unwritten Lessons for Life Sciences & Healthcare Companies,” ACI’s Virtual False Claims and Qui Tam Summit for Life Sciences and Healthcare, September 24, 2021.
  • “Hot Topics in Fraud and Abuse,” The American Law Association Virtual Annual Meeting, June 29, 2021.
  • “Interactive Ethical Considerations for the FCA Litigator,” ACI’s 8th Annual Forum on False Claims and Qui Tam Enforcement, March 21, 2021.
  • “Cutting Edge Issues Regarding False Claims Act, Stark, Kickback Allegations,” The American Health Law Association’s Virtual Annual Fraud and Abuse Conference, October 1, 2020.
  • “Fraud Hot Topics,” American Health Law Association Annual Meeting, June 30, 2020.
  • "Significant False Claims Act Case Law Developments and Preparing for FCA Enforcement in the Post-COVID-19 World,” American Health Law Association Webinar, May 27, 2020.
  • “Qui Tam Settlements – Latest Trends,” The Healthcare Roundtable, September 11-13, 2019.
  • “Department of Justice’s Evolving Civil Enforcement Priorities,” Congressional Civil Justice Academy, February 22, 2019.
  • "Health Care Enforcement and the False Claims Act (FCA) – Industry Trends and Legal Developments,” Southeastern White Collar Crime Institute, September 5-7, 2018.

Click here for a full list of conferences at which Robert has spoken.

Insights and Achievements

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