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Marcella Auerbach is a Managing Partner at Nolan Auerbach & White. She is a former federal prosecutor who spent more than twenty-five years at the United States Department of Justice. Ms. Auerbach has extensive experience prosecuting corporate providers for healthcare fraud, Anti-kickback and Stark Law violations, FDA violations, and Medicare fraud. She has won multi-million dollar recoveries under the False Claims Act and has successfully represented employees in whistleblower protection and other whistleblower-related actions against their employers.
Ms. Auerbach is an experienced litigator who served in a wide variety of leadership roles at the United States Department of Justice. She spent eight years in the Civil Division where she represented the federal government in healthcare fraud qui tam cases in the Southern District of Florida. As First Assistant United States Attorney for the Southern District of Florida, Ms. Auerbach managed, directed, and supervised 210 attorneys in the criminal and civil divisions, worked directly with every federal agency, and was involved in all stages of criminal and civil prosecutions and forfeitures. Ms. Auerbach also supervised and spearheaded a large number of prosecutions as Chief of Narcotics, Special Counsel to the United States Attorney, and a Special Attorney in the Organized Crime and Racketeering Section of the United States Department of Justice. Ms. Auerbach received numerous awards during her tenure at the United States Department of Justice, including the John Marshall Award for outstanding litigation work, the Law Enforcement Woman of the Year Award and numerous special commendations from Attorney Generals of the United States.
Ms. Auerbach is a sought after speaker who has led numerous panel discussions and training conferences for attorneys, federal and state prosecutors, and federal agents on topics such as healthcare fraud, investigative techniques, and federal court and trial advocacy. She has lectured at the Department of Justice Advocacy Institute and University of Miami Law School and has moderated and appeared on numerous panels and at Taxpayers Against Fraud conferences as well as the Southern Health Care Fraud Institute.
In January 2017, Ms. Auerbach was welcomed as a member of Bloomberg BNA Health Care Fraud Report, Advisory Board. Taxpayers Against Fraud, an organization devoted to combating fraud against the Federal Government, has named Marcella Auerbach and her partner Ken Nolan as Lawyers of the Year for 2011. Ms. Auerbach was also selected for inclusion in the 2012 Top Rated Lawyers Guide to Health Care Law. Ms. Auerbach has a Martindale-Hubbell attorney rating of “AV,” and is included in the Bar Register of Preeminent Lawyers.
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435 N. Andrews Avenue #401 Fort Lauderdale, FL 33301-3294 |
| Website: | http://www.whistleblowerfirm.com |
| Offices: |
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Nolan Auerbach & White represent whistleblowers through qui tam actions under the Federal False Claims Act. This powerful tool is the government's top fraud fighting tool, and helps to ensure patient safety.
| Association name | Position name | Duration |
|---|---|---|
| Taxpayers Against Fraud | N/A | N/A |
| Taxpayers Against Fraud | N/A | 2005 - 1900 |
| Taxpayers Against Fraud | N/A | |
| Samford Law School Advisory Board | N/A | |
| M.S. Health Law Advisory Board | N/A | |
| Samford Law School Advisory Board | N/A | 2015 - 1900 |
| M.S. Health Law Advisory Board | N/A | 2015 - 1900 |
| Samford Law School Advisory Board | N/A | N/A |
| M.S. Health Law Advisory Board | N/A | N/A |
| Bloomberg BNA Advisory Board | Member | 2017 - 1900 |
| Bloomberg BNA Advisory Board | Member | N/A |
| Bloomberg BNA Advisory Board | Member | N/A |
| Award name | Grantor | Date granted |
|---|---|---|
| AV Peer Review Rating | Martindale-Hubbell | 2016 |
| Lawyer of the Year | Taxpayers Against Fraud | 2011 |
| Law Enforcement Woman of the Year | Attorney General of the United States | 2024 |
| John Marshall award for Outstanding Litigation Work | Attorney General of the United States | 2024 |
| Law Enforcement Woman of the Year | Attorney General of the United States | 2024 |
| John Marshall award for Outstanding Litigation Work | Attorney General of the United States | 2024 |
| Law Enforcement Woman of the Year | Attorney General of the United States | 2024 |
| John Marshall award for Outstanding Litigation Work | Attorney General of the United States | 2024 |
| Law Enforcement Woman of the Year | Attorney General of the United States | 2024 |
| John Marshall award for Outstanding Litigation Work | Attorney General of the United States | 2024 |
| Law Enforcement Woman of the Year | Attorney General of the United States | 2024 |
| John Marshall award for Outstanding Litigation Work | Attorney General of the United States | 2024 |
| School name | Degree | Graduated |
|---|---|---|
| Samford University, Cumberland School of Law | JD - Juris Doctor | 2024 |
| Samford University, Cumberland School of Law | JD - Juris Doctor | 2024 |
| Samford University, Cumberland School of Law | JD - Juris Doctor | 2024 |
| Samford University, Cumberland School of Law | JD - Juris Doctor | 2024 |
| Samford University, Cumberland School of Law | JD - Juris Doctor | 2024 |
| Case name | Outcome |
|---|---|
| McAllen Hospitals, L.P., d/b/a South Texas Health System, | Settled |
| United States et al., ex rel. Austin et al. v. Novartis Pharmaceuticals Corporation, No. 8:03-CV-1551-T-30-TGW (M.D. Fla.) | Settled |
| United States et al., ex rel. Strom v. Johnson & Johnson et al., No. 3:05-cv-03004-CRB (N.D. Cal.) | Settled |
| State | Number | Status | Acquired | Updated |
|---|---|---|---|---|
| FL | 249335 | Member in Good Standing | 1978 | 04/25/2019 |
| Publication name | Title | Date |
|---|---|---|
| Nature | Masterminds behind pharmaceutical fraud deserve prison time | 2010 |
| Conference name | Title | Date |
|---|---|---|
| Twelfth Annual Taxpayers Against Fraud Education Fund (TAFEF) Conference | Flase Claims Act overview | 2012 |
| The 22nd Annual ABA National Institute on Health Care Fraud | False Claims Act Developments | 2012 |
| ABA National Institute on the Civil False Claims Act & Qui Tam Enforcement | FCA Enforcement Against Pharmaceutical and Device Manufacturers and Health Care Providers | 2012 |
| Title | Company name | Duration |
|---|---|---|
| Managing Partner | Nolan Auerbach & White | N/A |
| Managing Partner | Nolan Auerbach & White | 2004 - 1900 |
| Managing Partner | Nolan Auerbach & White | N/A |
