David S. Schumacher

David Schumacher is a partner in Hooper, Lundy & Bookman’s Boston Office. He focuses his practice on criminal defense, fraud & abuse compliance and defense, as well as other health care enforcement actions. He is a member of the firm's Fraud & Abuse Practice Group.

Mr. Schumacher was previously  deputy chief of the Health Care Fraud Unit in the U.S. Attorney’s Office for the District of Massachusetts. During his eight-year tenure as a federal prosecutor, Mr. Schumacher investigated some of the largest and most complicated health care fraud cases in the country. Mr. Schumacher investigated pharmaceutical and medical device companies, home health care organizations, medical equipment companies, laboratories, physicians, and other health care providers, in cases involving  violations of the federal health care fraud statute, False Claims Act, Anti-Kickback Law, HIPAA criminal violations, and the Food, Drug and Cosmetic Act.

As a result of  his investigations, Mr. Schumacher returned hundreds of millions of dollars to the federal government and convicted dozens of individuals of health care fraud charges, including several convictions following jury trials. Prior to joining the U.S. Attorney’s Office, Mr. Schumacher practiced at one of the largest law firms in Boston, focusing his practice on white collar criminal defense and commercial litigation. Mr. Schumacher also spent six months as a Special Assistant District Attorney in Middlesex County.

Through his experience, Mr. Schumacher is uniquely qualified to represent health care provider organizations and individuals in the most complex investigations and prosecutions. Mr. Schumacher’s experience is invaluable to clients in need of representation before state and federal regulatory and law enforcement agencies and departments. He is well-positioned to defend clients under investigation by the Department of Justice and U.S. Attorney’s Offices, state Attorneys General, and federal agencies. Mr. Schumacher also has extensive experience litigating qui tam whistleblower actions and conducting internal investigations. He is also available to provide compliance advice to health care providers and assist with the development of compliance plans.

Representative Matters

False Claims Act (“FCA”) Experience

• Represent medical supplier in federal False Claims Act case scheduled for trial
• Defended long term care provider in FCA investigation obtained declination and closure of investigation
• Represent hospital system in FCA investigation involving allegations of fraudulent billing for clinical trials and kickbacks; obtained declination
• Represent New England-based hospital system in FCA investigation involving allegations of kickbacks
• Represented provider of electronic health records in federal FCA investigation
• Represent consultant to pharmaceutical industry in DOJ and U.S. Senate investigation
• Represent former employees of pharmaceutical company in FCA/kickbacks investigation
• Represent witness in FCA investigation involving kickbacks and potential patient harm
• Represent physician/“speaker” for pharmaceutical company in FCA/kickbacks investigation

Criminal Experience

• Represent owner of pharmacy and psychology center in investigation involving allegations of fraud/overbilling
• Represent principal of native American tribe in federal fraud investigation
• Represented substance abuse provider in DOJ investigation
• Represented executive director of surgery center indicted for alleged health care fraud\
• Represented chiropractor indicted by a state Attorney General for alleged fraud

Other Experience

• Represent medical device company in state investigations related to allegations of overbilling and misbranding
• Represented chain of substance abuse providers in civil litigation against large insurance company
• Represent individual before Massachusetts Securities Division involving allegations of fraud and failure to register as a securities broker/adviser
• Counsel for Massachusetts Senior Care Association; advise on fraud & abuse issues

Professional Affiliations

• Boston Bar Association, Health Law Committee, White Collar Crime Section Steering Committee

Honors & Awards

• Massachusetts Super Lawyer (2018-2020)

Presentations & Speaking Engagements

News

Health Law Perspectives

Publications

• When Does a Health Care Case Go Criminal?, American Health Lawyers Association 2018 Annual Meeting (June 25, 2018)
• More Than Just Paperwork: Prior Authorizations, The Latest Enforcement Risk,  BNA Health Law Reporter (October 5, 2017)
• Health Care Fraud Enforcement-A View From the Trenches, American Health Lawyers Association 2017 Annual Meeting (June 28, 2017)
• Recent Federal Law Enforcement Efforts to Combat Opioid Crisis, American Health Lawyers Association, E-Alert (February 14, 2017)
• Federal and State Enforcement, MCLE New England, Massachusetts Health and Hospital Law Manual (2014, 2016, 2017)
• Individual Accountability in Health Care Fraud Investigations, U. S. Department of Justice, United States Attorney’s Office Bulletin (November 2016)