Adam P Schwartz

Practice Areas

False Claims Act, Qui Tam, and Whistleblower Defense

White Collar Crime & Government Investigations

Appellate & Trial Support

Criminal Tax

Health Care

Internal Investigations

Litigation and Trials

SEC Enforcement

Telecommunications

Career

Adam Schwartz concentrates his practice on white collar criminal defense, False Claims Act (qui tam/whistleblower) defense, health care fraud and abuse matters, and OFAC sanctions compliance and licensing. He represents individuals and corporations in internal investigations, securities and accounting fraud, asset forfeiture, defense contractor fraud, money laundering, corporate compliance, grand jury practice and procedure, and complex civil fraud defense. He advises clients on BSA/AML and Patriot Act compliance and defends bank officers and directors in FDIC litigation.

Adam advises pharmaceutical wholesalers on regulatory compliance laws including the Drug Quality and Security Act and the Drug Supply Chain Security Act.

Prior to joining the firm, Adam prosecuted money laundering and asset forfeiture matters as an assistant U.S. attorney with the Eastern District of New York.

Adam speaks regularly before other practitioners on topics ranging from health care fraud to attorney-client privilege considerations during internal investigation. He has been co-chair of the American Bar Association White Collar Crime Subcommittee for the Florida Region since 2007. Adam chairs the firm's White Collar Crime and Government Investigations Practice.

Professional Memberships

American Bar Association

- Co-Chair, Florida Region, Criminal Justice Section

Federal Bar Association

- Board Member, Tampa Chapter

The Florida Bar

- Chair, Standing Committee on Advertising (2014)

- Chair, Thirteenth Circuit Unlicensed Practice of Law Committee "A" (2006–2010, 2017)

- Thirteenth Circuit Grievance Committee "B", Chair (2010–2011), Vice Chair (2008–2010), Supreme Court’s Bar Admissions Committee

- Second District Paralegal Committee, Chair, Tampa Branch (2009–2010)

- Health Law Section

American Health Lawyers Association

American Judicature Society

Herbert G. Goldburg-Ronald K. Cacciatore Criminal Law American Inn of Court (2005–2010)

Hillsborough County Bar Association

Florida Hospital Association

Florida Academy of Healthcare Attorneys

National Association of Criminal Defense Lawyers

Work Highlights

Defended real estate developer and real estate development company in criminal environmental investigation. Case closed with no charges filed.

Defended service-disabled veteran-owned small business (SDVOSB) in criminal antitrust investigation alleging collusion. Case closed with no charges filed.

United States v. HPC Healthcare, Inc., 723 F. App’x 783 (11th Cir. 2018). The Eleventh Circuit Court of Appeals affirmed dismissal with prejudice of a qui tam action brought against our client for the alleged fraudulent submission of medical billing to Medicare and Medicaid. The Eleventh Circuit agreed that the plaintiff had failed to plead detailed allegations sufficient to satisfy the applicable standards under Federal Rule of Civil Procedure 9(b).

United States v. Advanced Anesthesia. False Claims Act complaint dismissed with prejudice.

Markland v. Insys Therapeutics, Inc. Plaintiff’s complaint dismissed with prejudice on federal preemption.

Defended physician in FDA investigation regarding an experimental drug. No charges filed.

Defended construction company in NASA criminal investigation. No charges filed.

Wellcare of Fla., Inc. v. Total Physician Sols., Inc. Awarded $1.8 million in arbitration.

Publications

Joint-Defense and Common-Interest Agreements in Government Investigations: Best Practices for In-House Counsel to Retain Privilege and Develop Legal Strategies - https://www.carltonfields.com/insights/publications/2023/joint-defense-and-common-interest-agreements

Recent DOJ Guidance on Corporate Compliance, Cooperation, and Compensation - https://www.carltonfields.com/insights/publications/2023/doj-corporate-compliance-cooperation-compensation

DOJ’s First Cyber-Fraud Settlement Places Emphasis on Cybersecurity Shortfalls - https://www.carltonfields.com/insights/publications/2022/doj-first-cyber-fraud-settlement-shortfalls

DOJ Unveils New Initiative to Pursue Cybersecurity-Related Fraud by Government Contractors and Grant Recipients - https://www.carltonfields.com/insights/publications/2021/doj-cybersecurity-fraud-government-contractors

Record-Breaking SEC Whistleblower Awards Signal the Need for Robust Anti-Retaliation Policies- https://www.carltonfields.com/insights/publications/2021/record-breaking-sec-whistleblower-awards-signal

Maintaining Privilege: A Refresher on Attorney-Client Privilege for the Remote-Work Environment - https://www.carltonfields.com/insights/publications/2020/attorney-client-privilege-remote-work-environment

Five Steps to Minimize the Risk of Future FCA Investigations and Enforcement Actions Stemming From COVID-19 Stimulus Funding - https://www.carltonfields.com/insights/publications/2020/minimize-risk-fca-investigations-covid-19-stimulus

Federal and State Officials Launch Joint Efforts to Investigate and Prosecute Fraud Related to the Coronavirus - https://www.carltonfields.com/insights/publications/2020/federal-and-state-officials-launch-joint-efforts

Recent Cases Indicate Viability of False Claims Act Liability Connected to Federal Cybersecurity Standards - https://www.carltonfields.com/insights/publications/2020/recent-cases-indicate-viability-of-false-claims-ac

Education

Awards