Andrew Wirmani

Reese Marketos Lands High-Profile U.S. Prosecutor

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. Recently, 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. He is currently trial counsel in a $1.5 billion fraud case against Janssen Pharmaceuticals alleging anti-kickback and off-label marketing violations.

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.

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:

• Defending DIRECTV against various class action lawsuits brought 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.

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, Government Info Security, 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.

• The Impending Demise of the Intended Loss Doctrine in Federal Sentencing, New York Law Journal (April 2023)
• Updates on the Government’s Prosecution of Healthcare Fraud, 35 Annual Texas Health Law Conference, Austin, Texas (October 2022)
• The Evolution of The Forest Park Medical Center Case, 32nd Annual DFW Fraud Conference, Irving, Texas (August 2022)
• Healthcare Fraud Enforcement Update, Health Care Compliance Association, Regional Conference, Dallas, Texas (February 2022)
• Virtual Cybersecurity Summit:  Fraud and Payment Security (August 2021)
• White Collar Enforcement Trends, 34th Annual National Institute on White Collar Crime, Webinar (June 2020)
• DOJ’s Recent Prosecutions Under the Travel Act: Practical Implications for the Health Care Industry, Health Care Compliance Association, Regional Conference, Dallas, Texas (February 2020)
• Enforcement Trends, Northern District of Texas Bench Bar Conference, Dallas, Texas (2020)
• DOJ’s Recent Prosecutions Under the Federal Travel Act: Practical Implications for all Healthcare Practitioners, Texas Health Law Conference, Austin, Texas (2019)
• Travel Act Case Studies: Anti-Kickback Implications & the Future of Federal Enforcement, American Health Lawyers Association, National Conference, Baltimore, Maryland (2019)
• Trial Lessons, Forest Park Medical Center, Department of Justice, Dallas, Texas (2019)
• Anti-Kickback Statute for Private Payors, Health Care Compliance Association, Regional Conference, Dallas, Texas (2018)
• Waiver of the Right to Remove in Forum Selection Clauses Subject to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 62 Mercer L. Rev. 501 (2011)
• Louisiana Supreme Court Rejects Dormant Commerce Clause Challenge to State’s Ad Valorem Tax Scheme, Corporate Business Taxation Monthly (2010)
• Austin Court of Appeals Ruling Creates New Opportunities for Texas Taxpayers to Be Heard, Journal of State Taxation (2010)
• (Almost) Instant Replay: The Increasing Availability of Mandamus Relief in Texas State Courts, Dallas, Texas (2010)
• Minnesota Supreme Court Upholds Varying Tax Base of the Tobacco Tax Under “Dormant” Commerce Clause, State Tax Return (2009)
• Courts Deciding Class Certification Must Resolve “Dueling” Expert Testimony, American Bar Association, Class Action and Derivative Suits Website (2009)
• High Courts Review, Texas Supreme Court Update, Dallas, Texas (2009)