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Kevin Darken

ATTORNEY AT LAW

Kevin Darken is a Harvard-educated former federal prosecutor who practices False Claims Act qui tam litigation and white-collar criminal defense. He was a health care fraud coordinator in the United States Attorney's Office in Tampa, FL and is the author of Defending and Preventing Health Care Fraud Cases: An Attorney's Guide (CCH: 13th edition).

Mr. Darken successfully brought False Claims Act cases against WellCare Health Plans, Inc., a national Medicare and Medicaid HMO, and Genzyme, Inc., a large biotech company. The Department of Justice settled the WellCare case for $217.5 million. Mr. Darken has sued a variety of defendants under the False Claims Act, including local, regional and national hospital chains; a pharmaceutical manufacturer; and national pharmacies, in addition to physicians and physician practice groups. Kevin Darken has experience litigating non-intervened cases, including motions to dismiss, summary judgment motions and False Claims Act jury trials. He is a member of the Taxpayers Against Fraud realtor attorney network.

Kevin Darken practices white-collar criminal defense in both federal and state courts. In addition to handling criminal investigations and trials, Mr. Darken also has experience doing criminal appeals and post-conviction motions. Mr. Darken was selected by his peers to be included in Best Lawyers in America for white-collar criminal defense. While an Assistant United States Attorney, he served as the Hillsborough County Bank Fraud Task Force Coordinator.

In addition to writing his health care fraud treatise, Mr. Darken has published articles on False Claims Act litigation, health care fraud, and white collar criminal defense in the American Bar Association's Criminal Justice magazine, the Florida Bar Journal, the Florida Bar Health Law Section Newsletter, and the Hillsborough County Bar Association's Lawyer magazine. He has spoken on various health care fraud topics at a number of Florida Bar CLE courses, as well as at the ABA National Health Care Fraud Institute.

Kevin Darken has been a Boy Scout leader for over ten years and is currently a district chairman in the eight-county Gulf Ridge Council and a member of the Council's Executive Board. Gulf Ridge Council has awarded him both the Distinguished District Chairman Award and the District Award of Merit for his service, as well as the Bronze Pelican Award by the Catholic Committee on Scouting. The highlight of Mr. Darken's Scouting experience was helping to lead Scouts from his troop on a 65 mile backpacking expedition at Philmont Scout Ranch in northern New Mexico.

Publications

  • “Avoiding Liability for Witness Tampering Under 18 U.S.C. § 1512: Tips for Criminal Defense Lawyers.” ABA Complex Crimes Journal, 1990
  • “Defending Against Allegations of Corporate Criminal Liability Under Bank of New England,” Corporate Counsel's Quarterly, 1993
  • “ “Understanding the New Federal Health Care Fraud Legislation.” Florida Bar Journal, 1997
  • “ “Understanding the New Federal Health Care Fraud Legislation.” ABA Criminal Justice Magazine, 1997
  • “ “Lessons for Lawyers from the Kickback War,” Hillsborough Lawyer, 2000
  • “ “Preaching Compliance to Your Physician Clients.” Hillsborough Lawyer, 2000
  • “ “Civil Monetary Penalty Investigations for Kickback Violations On The Rise.” Hillsborough Lawyer, 2001
  • “ “Employees Beware of Criminal Sanctions for Unauthorized Access to Computer Information.” Hillsborough Lawyer, 2003
  • “ “Defending Unlicensed Practice of Medicine and Unlicensed Practice of Health Care Professions Prosecutions.” Florida Bar Health Law Section Newsletter, 2009
  • “ “How to Make Money From False Claims Act Qui Tam Actions Arising From Medical Malpractice Presuit Investigations.” Florida Justice Association Journal, 2009
  • “ “False Claims Act Amendments Expand Anti-Retaliation Protections for Whistleblowers and Potential Liability for Government Contractors and Health Care Providers.” The Checkoff – A Publication of the Florida Bar Labor & Employment Law Section, 2009
  • “ “False Claims Act Amendments Expand Liability for Health Care Providers and Anti-Retaliation Protections for Whistleblowers.” The Florida Bar – Health Law Section Newsletter, 2010
  • Defending and Preventing Health Care Fraud Cases: An Attorney's Guide (book). Aspen Publishers (now CCH), 1999-present

Bar Admissions

Florida

Middle, Northern and Southern Districts of Florida


 

Court Admissions

United States Court of Appeals for the Eleventh Circuit


 

Practice Areas

False Claims Act qui tam litigation
white-collar criminal defense


 

Work History

Associate, Crowell & Moring, Washington, D.C. (1986-1991)
Assistant United States Attorney, Middle District of Florida, Tampa Division (1991-1997)
Shareholder, Trenam Kemker, Tampa, FL (1997-2002)
Attorney, The Barry A. Cohen Law Group (2002-present)


 

Awards and Recognitions

Best Lawyers in America, Distinguished District Chairman Award (Gulf Ridge Council); District Award of Merit (Gulf Ridge Coucil); Bronze Pelican Award (Catholic Committee on Scouting); BOy Scouter of the Year Award (New Fire District)

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The Barry A. Cohen Law Group
Fifth Third Center 201 East Kennedy Blvd.
Suite 1950 Tampa, FL 33602