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Kevin Darken divides his practice between complex civil litigation and white collar criminal defense, including both civil and criminal appeals. He has close to twenty years of experience in all aspects of litigation and trial. A renowned authority in health care fraud, false claims and qui tam (whistleblower) actions, Kevin plays an integral part in the firm’s most challenging cases, drafting the intricate legal arguments that go into briefs and motions. In civil litigation, Kevin has focused on bringing civil rights actions and business tort cases.
Kevin’s diverse background includes stints as a federal prosecutor, white collar criminal defense attorney and corporate litigator with a large national law firm. An assistant U.S. Attorney in the Middle District of Florida for six years, Kevin was the office’s Health Care Fraud Coordinator from 1994 to 1997, and served on the Justice Department’s National Health Care Fraud Working Group. During his tenure with the government, he received the Department of Health and Human Services Inspector General’s Integrity Award for outstanding leadership in the fight against health care fraud.
Kevin joined Cohen, Jayson & Foster from Trenam, Kemker, Scharf, Barkin, Frye, O’Neill & Mullis, where he was a partner concentrating on white collar criminal defense. While at Trenam, Kemker, Kevin successfully defended the CEO of a health care company accused of conspiring to defraud the Medicare program. This acquittal stands as the only instance in which a Tampa white collar defense attorney has ever cleared a defendant of health care fraud charges. Kevin also spent five years at the Washington, D.C.-based law firm, Crowell & Moring, representing defense contractors accused of fraud.
Kevin has published extensively in his area of authority, recently completing the sixth edition of his book, Defending and Preventing Health Care Fraud Cases: An Attorney’s Guide.He has also written articles for the Florida Bar Journal, the ABA’s Criminal Justice magazine, the Hillsborough County Bar Association’s Lawyer magazine, Corporate Counsel Quarterly, and is a frequent speaker on health care fraud.
Kevin is married, with twin sons and a daughter.
| Kevin John Darken: | Member at The Kevin J. Darken Law Group, LLC |
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332 S Plant Ave Tampa, FL 33606-2346 |
| Offices: |
Kevin J. Darken Law Group, LLC
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I represent whistleblower clients who file False Claims Act or qui tam suits against companies or individuals submitting false claims to the United States or the State of Florida. My clients are paid a percentage of what the Government recovers. I also handle plaintiff's business tort cases.
I represent clients being investigated or prosecuted for federal and state white collar crimes. I have experience in defending health care fraud, regulatory crimes, bank fraud, tax evasion, antitrust offenses, business frauds and embezzlements, and elections offenses. In addition to investigative and trial work, I also handle sentencings and appeals. I have over 5 years experience as a federal prosecutor in Tampa.
I do appeals in federal criminal cases and in selected civil cases, including business torts and civil rights cases.
I represent clients being investigated or prosecuted by the United States Attorney's Office. I am a former Assistant United States Attorney in the Middle District of Florida. I also do federal criminal appeals.
I represent clients in medical staff privilege disputes, civil money penalty cases, False Claims Act cases, and criminal investigations for health care fraud and unlicensed practice.
I represent clients in serious federal and state criminal investigations and prosecutions. I am a former Assistant United States Attorney in the Middle District of Florida. I also do criminal appeals.
| Association name | Position name | Duration |
|---|---|---|
| Boy Scout Troop 148 | Assistant Scoutmaster | N/A |
| Boy Scout Troop 148 | Assistant Scoutmaster | 2003 - 1900 |
| Boy Scout Troop 148 | Assistant Scoutmaster | N/A |
| Federal Bar Association (Tampa Bay Chapter) | Executive Board | 2004 - 2007 |
| Boy Scouts of America New Fire District Committee | Activities Chair | 2008 - 1900 |
| Boy Scouts of America New Fire District Committee | Activities Chair | N/A |
| Boy Scouts of America New Fire District Committee | Activities Chair | N/A |
| Boy Scouts of America, Gulf Ridge Council | District Award of Merit | 2009 - 2009 |
| Catholic Committee on Scouting | Bronze Pelican Award | 2009 - 2009 |
| Award name | Grantor | Date granted |
|---|---|---|
| Best Lawyers in America in White Collar Criminal Defense | Best Lawyers in America | 2009 |
| Mardindale-Hubbell AV rating | Martindale-Hubbell | 2000 |
| Integrity Award | United States Department of Health and Human Services' Office of Inspector General | 1998 |
| Certificate of Appreciation | Federal Bureau of Investigation | 1997 |
| Certificate of Appreciation | United States Department of Justice | 1997 |
| Certificate of Appreciation | United States Postal Inspection Service | 1997 |
| Certificate of Appreciation | Drug Enforcement Administration | 1997 |
| School name | Degree | Graduated |
|---|---|---|
| Yale University | B.A. magna cum laude | 1982 |
| Yale University | B.A. magna cum laude | 1982 |
| Harvard Law School | JD - Juris Doctor cum laude | 1986 |
| Harvard Law School | JD - Juris Doctor cum laude | 1986 |
| Case name | Outcome |
|---|---|
| United States ex rel. Bane v. Breathe Easy Pulmonary Services, Inc. | Defeated 9(b) motion to dismiss for particularity |
| United States ex rel. Bane v. Breathe Easy Pulmonary Services, Inc. | Defeated public disclosure motion to dismiss |
| United States ex rel. Carolyn Ferrara and Ellen Murray v. Michael Rosin | $1 million recovery for clients from qui tam case |
| United States ex rel. Ferrara v. Rosin | Got counterclaims against client dismissed |
| United States v. Bracciale | Reversed sentence on appeal; sentence reduced. |
| United States v. Gilbert | Conviction reversed due to statute of limitations |
| United States v. Jennifer Barnett | Not guilty jury verdict on all counts |
| United States v. Patrick Stewart | Home detention for embezzling $1.8 million |
| State | Number | Status | Acquired | Updated |
|---|---|---|---|---|
| MA | Retired | 1986 | 11/13/2021 | |
| FL | 90956 | Member in Good Standing | 1996 | 04/25/2019 |
| Publication name | Title | Date |
|---|---|---|
| Florida Bar Health Law Section Newsletter | Defending Unlicensed Practice of Medicine and Unlicensed Practice of Health Care Professions Prosecutions | 2009 |
| Florida Justice Association Journal | How to Make Money From False Claims Act Qui Tam Actions Arising From Medical Malpracticie Presuit Investigations | 2009 |
| Aspen Publishers (now CCH) | Defending and Preventing Health Care Fraud Cases: An Attorney's Guide (book) | 2009 |
| Hillsborough Lawyer | Employees Beware of Criminal Sanctions for Unauthorized Access to Computer Information | 2003 |
| Hillsborough Lawyer | Civil Monetary Penalty Investigations for Kickback Violations On The Rise | 2001 |
| Hillsborough Lawyer | Preaching Compliance to Your Physician Clients | 2000 |
| Hillsborough Lawyer | Lessons for Lawyers from the Kickback War | 2000 |
| Florida Bar Journal | Understanding the New Federal Health Care Fraud Legislation | 1997 |
| ABA Criminal Justice magazine | Understanding the New Federal Health Care Fraud Legislation | 1997 |
| Corporate Counsel's Quarterly | Defending Against Allegations of Corporate Criminal Liability Under Bank of New England | 1993 |
| ABA Complex Crimes Journal | Avoiding Liability for Witness Tampering Under 18 U.S.C. 1512: Tips for Criminal Defense Lawyers | 1990 |
| Conference name | Title | Date |
|---|---|---|
| False Claims Act and Whistleblower Litigation in Florida | Defending Civil False Claims Cases | 2003 |
| Central Florida Health Information Managers Association | Bringing and Defending Civil False Claims Cases | 2003 |
| USF Medical School lecture | How New Doctors Can Avoid Health Care Fraud Problems | 2002 |
| Prosecution and Defense of Health Care Fraud | Defense Strategies in Health Care Fraud Cases | 2002 |
| Georgia Bar Health Care Fraud Institute | United States v. Jennifer Barnett: A Case Study of a Successful Lack of Intent Defense in a Medicare Fraud Billing Trial | 2002 |
| ABA National Health Care Fraud Institute | Criminal and Civil Damages and Amount of Loss | 2002 |
| Health Care Litigation Issues | Criminal, Civil and Administrative Health Care Fraud Enforcement | 2001 |
| False Claims Act CLE course | Moderator | 2001 |
| Aegon Lawyers' Conference | RICO: Assessing and Defusing Risks for Insurers after Humana, Inc. v. Forsyth | 1999 |
| Protecting Your Clients Against Health Care Fraud and Abuse | Update and Overview of Federal Enforcement Efforts | 1998 |
| Heath Care Fraud and Abuse | Criminal Liability Issues for CEOs | 1998 |
| Title | Company name | Duration |
|---|---|---|
| Associate | Crowell & Moring | 1986 - 1991 |
| Associate | Crowell & Moring | 1986 - 1991 |
| Assistant United States Attorney | United States Attorney's Office, Middle District of Florida | 1991 - 1997 |
| Assistant United States Attorney | United States Attorney's Office, Middle District of Florida | 1991 - 1997 |
| Shareholder | Trenam, Kemker, Barkin, Frye, O'Neill, & Mullis, P.A. | 1997 - 2002 |
| Shareholder | Trenam, Kemker, Barkin, Frye, O'Neill, & Mullis, P.A. | 1997 - 2002 |
| Senior Attorney | Cohen, Jayson & Foster | N/A |
| Senior Attorney | Cohen, Jayson & Foster | 2002 - 1900 |
| Senior Attorney | Cohen, Jayson & Foster | N/A |
