| Health Care Fraud and Abuse | White Collar Criminal Defense |
| "White Collar" Crime | Expert Witness |
| Complex Civil/Health Law Litigation | Internal Investigations |
| Federal False Claims Act | Qui Tam Prosecution and Defense |
How To Contact Us:
E-Mail: mcd@mcdlaw.com
Click on the links below to view one of our outlines.
| The Firm | Our Practice | The Attorneys | Attorney Biographies |
McDonough & Associates, p.c. concentrates in White-Collar Criminal Defense, with particular emphasis on Health Care Fraud and Abuse, the Federal False Claims Act, and administrative proceedings before numerous state and federal regulatory agencies in the Health Care area. Emphasis on litigation has enabled the firm to develop and implement effective investigatory, discovery, pre-trial, trial and appellate expertise. Our attorney has substantial jury and non-jury trial experience representing corporations, governmental agencies and individuals on both sides of the docket. Mr. McDonough's extensive experience and level of legal sophistication allows him to provide the highest caliber of aggressive legal representation to his clients within the bounds of legal ethics. The firm's size and aggressive hands-on approach to each case enables us to establish face to face relationships with our clients, tailor our investigation to meet their individual needs, fashion specific factual and legal arguments, and provide concise and understandable guidance to our clients in a cost effective manner. Clients are referred to the firm from across the country, and the firm takes professional pleasure in returning clients to the referring attorneys for their continued representation.
I. White Collar Crime
The government's criminalization of Health Care provider services has reached an all time high. In Texas alone the government has already criminalized the oil & gas, chemical, environmental and now the Health Care industry. Attorneys refer clients because they know we have substantial experience and expertise throughout the United States in the Health Care related white collar criminal process from investigation through appeal. Our experience in complex grand jury investigations including testimonial and documentary privileges and compliance, allows us to identify and prepare defensive issues during the investigation. Often we are successful in defusing the investigation and avoiding indictment. Our representations encompass a wide range of Health Care Fraud and Abuse areas, including: Medicare and Medicaid, Anti-Trust, False Claims Act, administrative procedures, bribery, embezzlement, other state and federal grant program fraud, money laundering, wire fraud, mail fraud, obstruction of justice, all varieties of schemes and reimbursement related fraud.
The Guidelines for Sentencing of Organizations, effective November 1, 1991, provides for a mitigation of severe criminal penalties if the organization has ". . . an effective program to prevent and detect violations of the law." We tailor preventative corporate compliance programs to address the individual needs of our corporate clients based on size, current compliance practices, risks associated with business operations and history of prior offenses. After implementation of the compliance program, the firm assists in auditing the organization's internal compliance and analyzing the audit data. The firm has designed compliance programs in the areas of Health Care Fraud and Abuse and government procurement.
Often, at the request of corporations, we conduct internal investigations to ascertain possible criminal violations in response to allegations of wrongdoing. We also conduct corporate compliance audits to help our clients discover or avoid undesirable situations.
II. Civil Litigation
While we may be better known for our representation in complex white collar criminal cases, a substantial portion of our practice is devoted to prosecuting and defending client interests in complex civil litigation, such as the Federal False Claims Act, including its Qui Tam provisions as related to health law. We utilize the latest computer technology, including voice command software to catalog and analyze thousands of pages of depositions, hundreds of exhibits and information from years of cost report workpapers. Likewise, the firm has represented clients in complex litigation involving more than 60 depositions, numerous experts and a multitude of multi-million dollar transactions
Our practice in these areas has equipped the firm to handle complex discovery issues including tracing and analyzing funds through cost reports, numerous bank accounts and coordinating civil discovery, when necessary, during the pendency of a parallel criminal investigation. Of course, we handle numerous other civil and white collar criminal matters that may be incidental to or otherwise referred to us by clients and other attorneys.
The firm's attorney is active in bar, political, charitable and community endeavors. Firm member belongs to numerous national, state and local professional associations. Attorney lectures at legal and other professional seminars and have written legal articles for seminar presentation and publication. The firm participates in a pro bono program sponsored by volunteer programs and pro bono mediation in response to the need in our community.
The firm provides legal services to clients engaged in a wide variety of areas including Health Care, manufacturing, construction, oil and gas, import/export, real estate, banking and government.
Our attorney’s experience and knowledge in criminal and civil areas offers a unique approach to combat the hazards of complex health law litigation. We have developed management information systems to streamline legal research, document analysis and grand jury compliance. These systems are supported by a proficient support staff and we have ready access to other talented professionals and experts. Truly, the firm and its attorneys are ready to handle any complex business litigation, whether it be civil or criminal.
Certified by the Texas Board of Legal Specialization
CRIMINAL LAW
Former United States Attorney, Southern
District of Texas.
Former Chief, Criminal Division, Southern District of Texas.
Former Assistant District Attorney, Harris County, Texas.
Director, Development Board of the University of Texas Medical Branch at Galveston, 1996-99.
Candidate, Master of Law (LL.M.) degree in Health Law, 1999, University of Houston Law Center.
Board Certified, Criminal Law, Texas Board of Legal Specialization.
Past Director, College of the State Bar of Texas
Past Director, State Bar of Texas
Born Galveston, Texas, admitted to the Texas bar, also admitted to practice before the U.S. Supreme Court; U.S. Court of Appeals, Fifth and Sixth Circuit; U.S. Claims Court; U.S. District Court, Northern, Southern, Eastern and Western Districts of Texas. Preparatory education: University of Notre Dame (B.A.). Legal education: University of Texas (J.D.). Fraternity: Phi Alpha Delta. Mediator, Attorney Mediator Institute, Inc., Dallas, Texas. Other: Director, Federal Executive Board of Houston. Co-Chairman, Federal-State Law Enforcement Committee. Member: Houston, American and Federal (Past President, Houston Chapter) Bar Associations; State Bar of Texas (Past Director); National Association of Former United States Attorneys (Past President). Fellow: Houston Bar Foundation; Texas Bar Foundation. Recent lectures include: National Home Health Care Association Annual Law Symposium, 1992-96; Environmental Enforcement: Mounting a Successful Defense, ABA Institute on White Collar Crime, 1994; Avoiding the Meteors of Fraud and Abuse, Texas Association for Home Care, 1995; Health Care Fraud and Abuse, False Claims, Qui Tam . . . Obstruction of Justice?, National Association of Former United States Attorneys, 1996, and Wednesday Tax Forum of Houston; Health Care Fraud and Abuse - The 1996, 1997 and 1998 Statutes, University of Texas Law School Annual Health Law Program, 1998 and National Association of Former United States Attorneys, 1998.