Andrew is an experienced, go to trial lawyer and former federal prosecutor. Between private and government practice, he has successfully tried numerous high-profile cases to verdict. In 2021, Andrew played a prominent role as trial counsel in securing a $36 million trial win with mandatory trebling ($108 million) in a False Claims Act case involving procurement fraud, U.S. ex rel. Marsteller v. MD Helicopters, Inc. The case was recognized by the National Law Journal as one of the top 100 verdicts in the country and by Top Verdict as both a top 100 verdict and the top verdict in the False Claims Act category. In 2024, he and his colleagues from Reese Marketos prevailed in a two-month jury trial against Janssen Pharmaceuticals alleging anti-kickback and off-label marketing violations. With mandatory trebling and statutory penalties, the final judgment could exceed a billion dollars. Andrew is also currently defense counsel in two of the largest healthcare fraud prosecutions pending in Texas, and a $900 million False Claims Act case against PharMerica pending in the District of New Jersey.
Andrew leads Reese Marketos’ white collar defense practice and has deep expertise in healthcare matters, including fraud enforcement and investigations. He also represents whistleblowers in False Claims Act cases and companies and individuals in high-stakes business disputes, both on the defense and plaintiff’s sides.
Experienced Trial Lawyer and Appellate Advocate
Andrew is equally comfortable and skilled before juries as he is with appellate judges. Andrew has successfully tried over 20 cases as lead or co-lead counsel. Several of those trials were complex, high-profile white collar matters. At the same time, Andrew is a former federal appellate clerk who has led 75 appeals, successfully argued ten appeals across a number of federal circuits, and represented clients before the United States Supreme Court.
Former Veteran Prosecutor in High Profile Cases
In addition to his years of experience in private practice, Andrew previously served as an Assistant United States Attorney for nearly a decade. During that time, Andrew ran some of the Department’s largest, most challenging cases. He led the fraud investigation and two-month trial of Forest Park Medical Center–a case described by media sources as the most important white collar case in Texas since Enron. Andrew also led the prosecution of the Dallas school-bus-camera scandal, one of the largest domestic bribery cases in history. Andrew handled hundreds of other white collar matters involving healthcare fraud, securities fraud, COVID-19 fraud, and cybercrime, and he oversaw public corruption cases for the Northern District of Texas.
Experienced, Creative, and Connected Advocate
Andrew’s trial experience, legal creativity, and previous long tenure with the government leave him well positioned to get results for individuals and companies under government scrutiny, whistleblowers seeking to expose fraud, and businesses with high stakes disputes. Andrew’s other recent experience includes:
- Favorably settling various class action lawsuits brought against DirectTV under the Telephone Consumer Protection Act.
- Settling a $9 million fraud case brought against three healthcare companies by a national insurance carrier for nuisance value.
- Securing a $38.5 million settlement on behalf of client under the False Claims Act, U.S. ex rel. Thrower v. Academy Mortgage Corp.
- Defending the former CEO of one of the nation’s largest laboratories in parallel civil and criminal investigations brought by the Department of Justice.
- Convincing the Civil Section not to pursue an enforcement action against a laboratory under investigation for alleged violations of the False Claims Act and the Federal Anti-Kickback statute.
- Conducting an internal investigation of potential AKS and Stark violations for one of Texas’ largest physician groups.
- Representing a hospice company in a grand jury investigation being conducted by the Department of Justice’s criminal Fraud section.
- Securing a multi-million dollar settlement on behalf of an investment fund in a breach of contract and fraudulent transfer case.
- Representing multiple clients under investigation by the FDA for importing alleged adulterated and counterfeit Ozempic.
- Representing a physician practice group in an arbitration against its former CEO involving fraud and breach of fiduciary claims.
- Representing CareOne Healthcare Company in litigation against cofounder alleging fraud and breach of contract claims.
- Representing numerous whistleblowers in sealed qui tam actions involving healthcare fraud, cybersecurity breaches, and procurement fraud.
- Representing SEC whistleblowers in investigations involving securities fraud, real estate fraud, and offering fraud.
Andrew is a member of the Health Care Compliance Association, the American Health Lawyer’s Association, and the Health Law Section of the Texas State Bar. He is also the vice chair of government lawyers for the American Bar Association’s Health Law Section. He is a frequent speaker and writer on the subject of healthcare investigations and enforcement, and has been quoted in the Wall Street Journal, the Dallas Morning News, Law360, and the Capital Forum, and provided analysis on television for ABC, FOX4 (KDFW), NBC DFW, and CBS Texas.
Before his time with the Department of Justice, Andrew practiced commercial and appellate litigation for several years at an international law firm. He also served as a law clerk for Justice Scott Brister on the Texas Supreme Court and Judge Catharina Haynes on the United States Court of Appeals for the Fifth Circuit.