Habib F. Ilahi
- University of Houston Law Center
- University of Texas at Austin
- Bar Admissions:
- District of Columbia
- Practice Focus:
Habib F. Ilahi counsels business entities and individuals in highly regulated industries through complex health care, procurement, and other government enforcement investigations and litigation, as well as through general white collar criminal and civil defense matters. As a former federal prosecutor with the Fraud Section of the Department of Justice, Civil Division, Mr. Ilahi gained extensive expertise in matters involving the False Claims Act (FCA), the Anti-Kickback Statute, and the Stark Law. Mr. Ilahi has continued his FCA practice in the private sector and has unique experience representing clients on all three sides of the FCA – as defense counsel, relator’s counsel, and government counsel during his DOJ tenure. As defense counsel, Mr. Ilahi has advised and represented pharmaceutical and life sciences companies, hospital systems, national nursing home and long-term care facility chains, large and small government contractors, state and federal grant recipients, and a variety of other types of businesses and individuals in FCA investigations and litigation involving government programs.
Outside of FCA matters, Mr. Ilahi has advised and represented numerous government contractors, foreign and domestic business entities, and individuals in criminal, civil, and administrative government investigations, including those involving government contracting and procurement fraud, violations of the Foreign Corrupt Practices Act, securities and accounting fraud, tax fraud, civil and criminal conflict of interest violations, lobbying violations, and sanctions and export-control violations.
- Represented physician medical director and target of FCA investigation, resulting in U.S. Attorney’s Office closing its investigation against the client.
- Represented government contractor in internal investigation and successful response to a cure notice, involving a mandatory disclosure regarding potential FCA violations relating to its federal contract.
- Represented federal grant funds recipient in internal investigation and related state enforcement matter regarding potential state and federal government grant violations.
- Obtained $65 million FCA settlement from Prime Healthcare Services, Inc. to resolve allegations that Prime hospitals in California submitted false claims to Medicare through various upcoding schemes.
- Managed multiple investigations involving a national hospital emergency department provider and alleged upcoding of Medicare claims and potential FCA and Anti-Kickback Statute violations.
- Led investigation of physician-owned hospital for potential FCA, Anti-Kickback Statute, and Stark Law violations.
- Led investigations of separate durable medical equipment providers and telemarketing companies for potential FCA and Anti-Kickback Statute violations.
- Led investigations of separate national skilled nursing home chains for potential FCA violations involving understaffing and failure of care.
- Managed data-driven FCA investigations involving various types of health care providers and fraud schemes.
- Represented several former employees of national skilled nursing facility chain in FCA litigation involving allegations of upcoding for medically unnecessary rehabilitation therapy.
- Represented whistleblower/relator in FCA action resulting in $24 million settlement to resolve Stark Law violations pertaining to group practice/in-office ancillary services exception.
- Represented several employees of publicly traded health care provider in various FCA investigations and criminal health care fraud investigations led by the Department of Health and Human Services Office of Inspector General and the Department of Justice.
- Represented publicly traded medical device manufacturer/federal government contractor in internal investigation and subsequent voluntary disclosure regarding potential government contracting violations, Federal Supply Schedule pricing issues, and FCA violations.
- Represented several employees of publicly traded global supplier of test systems and industrial position sensors/federal government contractor in government contracting and FCA investigation regarding potential violations of the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Addendum.
- Represented drop shipper/federal government contractor in FCA investigation and subsequent settlement for Export Administration and other government contracting violations involving prohibited items on Government Services Administration schedule contract.
- Represented Department of Defense Contracting Officer in criminal investigation into favorable treatment in connection with weapons procurement contracts, resulting in declination of prosecution.
- Represented principal of military contracting company in criminal investigation and subsequent plea agreement involving bribery of Department of Defense Contracting Officer for favorable treatment in connection with weapons procurement contracts.
- Represented Federal Emergency Management Agency Senior Executive Service employee in criminal and civil investigation and subsequent plea agreement and civil settlement involving conflicts of interest regarding a multimillion-dollar government contract for polling and consulting services.
- Represented telecom company/federal government contractor in debarment proceeding before Department of Homeland Security Suspension and Debarment Office.
- Represented several employees of publicly traded oil services company in multi-year criminal and civil FCPA investigations led by the Department of Justice and the Securities and Exchange Commission.
- Represented former executive of construction and project management company in FCPA investigation led by the Department of Justice.
- Represented former executive of multinational conglomerate in criminal FCPA investigation regarding potential payments to Vietnamese government officials.
- Represented former executive of international energy company in criminal and civil FCPA investigations led by the Department of Justice and the Securities and Exchange Commission regarding potential payments to Brazilian government officials.
- Represented Audit Committee of publicly traded self-regulatory organization in internal investigation regarding potential regulatory violations.
- Represented several employees of publicly traded REIT in investigation led by the Securities and Exchange Commission.
- Represented former Chief Technology Officer of publicly traded technology company in eight-week long civil securities fraud trial involving the Securities and Exchange Commission, resulting in client being found not liable on all claims.
- Represented former corporate counsel of marketing company in five-week long criminal conspiracy and mail fraud trial involving the U.S. Attorney’s Office for the Eastern District of North Carolina, resulting in acquittal of client on all counts.
Before entering government service, Mr. Ilahi spent 15 years in private practice, including 10 years as Of Counsel at Schertler Onorato Mead & Sears, specializing in white-collar criminal defense. Mr. Ilahi left the firm in 2015 to become Special Counsel to Karl A. Racine, the Attorney General for the District of Columbia, where he advised the Office of the Attorney General on various criminal justice and opioid enforcement related issues affecting the District of Columbia, including drafting landmark legislation that enabled D.C. law enforcement to prosecute elusive synthetic opioid sellers and manufacturers. Mr. Ilahi joined the Department of Justice Civil Division in 2016. In 2019, Mr. Ilahi reentered private practice and, in 2022, he rejoined Schertler Onorato Mead & Sears as a Partner.
Mr. Ilahi is a former President and Board member of the South Asian Bar Association of Washington, D.C., and is a former Executive Committee and Board member of the South Asian Bar Association of North America. Mr. Ilahi also has been an active member of the American Bar Association, Federal Bar Association, and the American Health Law Association. Mr. Ilahi has written and spoken extensively on the False Claims Act, the Foreign Corrupt Practices Act, healthcare fraud, procurement fraud, and other current white-collar defense issues.
The attorneys of Schertler Onorato Mead & Sears bring deep experience, practical judgment, and vigorous advocacy to the matters we handle. Our lawyers include former federal prosecutors, former members of the Antitrust and Tax Divisions of the Department of Justice, and a former Assistant to the Solicitor General. We have tried cases large and small, have briefed and argued numerous appeals, and also have the skill and acumen to negotiate resolutions of matters when it is in the best interests of our clients. More detailed biographies of our attorneys are accessible below.