Overview
Jesse Witten is a nationally recognized health care fraud and abuse attorney. He combines litigation skills, a keen strategic sense and deep knowledge of Medicare and other government health care programs to guide his clients through government investigations, False Claims Act (FCA) litigation, and other matters involving health care fraud and abuse. His clients consist of individuals and entities in virtually every sector of the health care industry, including hospitals and health systems, pharmaceutical and medical device manufacturers, home health agencies, physician practices, ambulance companies, durable medical equipment companies, and skilled nursing facilities. Jesse previously served as deputy associate attorney general in the U.S. Department of Justice (DOJ), where his duties included co-chairing the DOJ’s Health Care Fraud Task Force.
False Claims Act
Since 1996, defending clients in FCA investigations and litigation has been the central part of Jesse’s private practice. Over the years, he has litigated opposite the government and private relators, persuaded the government not to intervene in qui tam cases or to drop their investigations, and helped clients negotiate settlements and corporate integrity agreements.
Corporate Investigations and Regulatory Compliance
Jesse assists clients in internal investigations of potential noncompliance, remediating regulatory violations and responding to potential whistleblower complaints in an effort to avoid potentially larger problems and to comply with laws mandating self-disclosure to the government. He regularly counsels clients on the operation of corporate compliance programs and on regulatory compliance, including compliance with the federal Anti-Kickback Statute and Stark Law, the Civil Monetary Penalties Law, and laws governing the sale and marketing of medical devices and pharmaceutical products.
Jesse has handled numerous matters involving the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG), including self-disclosures under the OIG Self-Disclosure Protocol, applying for advisory opinions, negotiating and counseling clients on compliance with corporate integrity agreements, and defending and settling matters under the Civil Money Penalties Law.
International Anti-Corruption Counsel
Jesse has experience advising clients on compliance with the Foreign Corrupt Practices Act (FCPA) and other international anti-corruption requirements.
Government Experience
Prior to joining the firm, Jesse served as deputy associate attorney general and as deputy assistant attorney general in the Environment and Natural Resources Division of the DOJ.
Faculty Positions
- American University Washington College of Law – Adjunct Associate Professor – Spring 2021
Personal Interests
Jesse's personal interests include U.S. history, Major League Baseball, 70s and 80s music, and world religions.
Related Legal Services
Related Industries
Credentials
Bar Admissions
District of Columbia
Illinois
Education
Harvard Law School
J.D. magna cum laude (1991)
Princeton University
A.B. Phi Beta Kappa (1988)
Insights & Events
Latest
Insights
News
Other Perspectives
- “New Ruling Has Major Overpayment Implications for MAOs”
AIS Health’s RADAR on Medicare Advantage, August 19, 2021
Leadership & Community
Pro Bono
Jesse assisted in obtaining reversal of the conviction of an innocent man who spent 10 years on death row (People v. Jimerson, 166 Ill. 2d 211 (1995)). Committed to vindicating the rights of the falsely accused, Jesse also assists the Mid-Atlantic Innocence Project in reviewing applications for assistance.
A high point in Jesse’s career was being awarded the National Congress of American Indians Special Recognition Award for his work in Blackhorse v. Pro-Football, Inc., a case in which five Native American individuals filed to cancel the trademark registrations of the Washington, D.C., professional football team.
Professional Associations
- American Health Lawyers Association
- District of Columbia Bar
- The Louis D. Brandeis Center for Human Rights Under Law — Legal Advisory Board Member
Honors
- Chambers USA — District of Columbia, Healthcare, 2012-24
- Best Lawyers® — Health Care Law, 2020-25
- BTI Consulting Group— Client Service All-Star, 2020, 2023
- National Congress of American Indians — Special Recognition Award, 2016
- District of Columbia Bar — Distinguished Service Award
- Nightingale’s Health Care News — Outstanding Health Care Litigator
No aspect of these recognitions has been approved by the highest court of any state.