Harold Malkin, who spent more than 20 years at the US Department of Justice, advises companies facing government investigations and enforcement proceedings. He focuses on guiding individuals and companies through civil and criminal government investigations and prosecutions, as well as state attorney general enforcement proceedings. Harold also counsels clients on civil and commercial litigation and compliance issues and conducts sensitive internal investigations for a wide variety of companies, from small businesses to large publicly traded corporations. While at the Justice Department, Harold served as deputy chief of the Civil Division at the US Attorney’s Office in Seattle and led the Affirmative Civil Enforcement Unit. In his government service, Harold handled major investigations, civil litigation, and settlements of significant False Claims Act cases involving government contractors and government program participants.

Chambers USA has recognized Harold as a “leading practitioner” and “an extremely capable litigator whose written and oral advocacy skills are superb.” Clients called him “very level-headed” and someone who “cares passionately about” them.

Representative Cases

• Healthcare providers (pharmaceutical companies, practice groups, clinicians, and nursing home chains) in government investigations relating to alleged False Claims Act violations involving Medicare, Medicaid, and Tricare reimbursement and to alleged Stark Act and Anti-Kickback Act violations

• Government contractors and their employees in investigations relating to alleged improper billing and product substitution

• A national cable company in state attorney general enforcement proceedings under the Consumer Protection Act involving allegations of misleading price disclosures

• An investor in a parallel criminal and civil insider-trading investigation involving alleged improper profits of $1.4 million in stock sales

• A publicly traded Fortune 125 corporation in separate internal investigations into allegations of accounting irregularities and inappropriate workplace conduct

• A publicly traded government telecommunications contractor in an internal investigation into compliance with Federal Acquisition Regulations

• An owner and manager of an e-waste disposal company charged with conspiracy to commit wire fraud in federal e-recycling fraud prosecution

• Local government agencies requiring investigations of hostile workplace allegations and fatality accidents

Publications

• 3/8/2024 - DOJ Update: Financial Awards for Corporate Whistleblowers, Enhanced Penalties for Fraud Involving AI Misuse

• 6/16/2023 - US Supreme Court Affirms Easy Government Dismissal Standard in Declined Qui Tam Cases, But Renews Constitutionality Debate

• November 2022 - State Attorneys General Post-Election Report 2022

• 7/21/2022 - OIG Issues Telehealth Special Fraud Alert on the Heels of DOJ Takedown, Health Law Scan