Sean Robert McKenna

Practice Details

• Languages
  French
  Chinese
  Spanish
• Payment Information
  Payment & Cost Features

  Free initial consultation
  
• Firm Information
  Position

  Attorney

  Firm Name

  Spencer Fane, LLP
• Representative Cases & Transactions
  Cases

  Experience: Representative Matters: Regular representation of individuals
  providers under civil
  administrative investigation by the Department of Justice, Offices of Inspector General,
  Attorneys' Generals Medicaid Fraud Control Units.
  Routinely represents individuals
  healthcare providers in criminal matters conducted by the United States
  State Attorneys' General.
  Represents providers before Medicare, Medicaid,
  commercial contractors.
  Advises clients regarding proposed
  existing arrangements, including employment, contractual
  regulatory compliance with state
  federal rules
  regulations.
  Conducts internal investigations
  compliance review/organizational assessments for health care clients.
  Regular representation of health care clients in litigation matters.
  Government Experience: Assistant U.S. Attorney, Northern District of Texas, 2003-2013
  Associate Counsel, Office of Counsel to the Inspector General, 2000-2003
  Associate Regional Counsel, Office of General Counsel, U.S. Department of Health
  Human Services, 1999-2000

  Transactions

  Representative Experience Assistant U.S. Attorney, U.S. Attorney's Office for the Northern District of Texas, 2003-2013 Investigated and prosecuted criminal health care, pension, wire fraud, money laundering, illegal kickbacks, and forfeiture cases, resulting in significant sentences and judgments. See, e.g., United States v. Ekanem, 555 F.3d 172 (5th Cir. 2009); United States v. Ogba, 526 F.3d 214 (5th Cir. 2008).Resolved civil health care fraud matters against pharmaceutical manufacturers, medical device companies, physician groups, clinicians, hospital systems, laboratories, ambulance companies, durable medical equipment suppliers, home health agencies, hospice providers, long term care facilities, pharmacies, and billing companies. Investigated and resolved procurement fraud matters against defense, postal, and other federal contractors. Filed civil actions restraining fraud proceeds and other assets. See, e.g., United States v. Hague-Rogers, Civil Action No. 3:11-cv-0792-L, 2011 WL 2669100 (N.D. Tex. July 7, 2011).Successfully defended Title VII cases alleging discrimination and retaliation, as well as injunctions filed against federal agencies. See, e.g., NATA v. U.S. Dept. Health Human Servs.; 455 F.3d 500 (5th Cir. 2006).Associate Counsel in the Office of Counsel to the Inspector General, U.S. Department of Health and Human Services, Washington, D.C., 2000-2003Investigated and resolved affirmative civil monetary penalty and exclusion cases against physician groups, clinicians, hospital systems, laboratories, home health agencies, and long term care facilities for illegal kickbacks, Stark violations, medically unnecessary services, EMTALA violations, and other false claims. Defended mandatory exclusion determinations and health care providers' bankruptcy injunctions and filings. See, e.g., Sternberg v. Sec. Dept. Health Human Servs., 299 F.3d 1201 (10th Cir. 2002); Pennington v. Thompson, 249 F. Supp. 2d 931 (W.D. Tenn. 2003).Assistant Regional Counsel in the Office of the General Counsel, U.S. Department of Health and Human Services, Dallas, Texas, 1999-2000Resolved long-term care civil monetary penalty cases, proposed suspensions and terminations against individual and chain health care providers. Worked with State and federal regulators in compromising bankruptcy cases and injunctions.