Jonathan L. Diesenhaus
Partner, Washington, D.C.
Jonathan L. Diesenhaus focuses on health care fraud and abuse litigation and counseling, federal and state False Claims Act litigation, and white collar criminal defense.
Prior to joining Hogan & Hartson, Jonathan served as a senior trial counsel in the Civil Division of the U.S. Department of Justice (DOJ) in Washington, D.C. From 1998 to 2005, he handled civil fraud and False Claims Act matters. He was designated an authority in the Stark Law, the health care Antikickback Statute, and the viability of claims under the False Claims Act as a remedy for unlawful marketing practices, including violations of the Food, Drug, and Cosmetics Act. He represented the government in a number of matters involving allegations that the payment of kickbacks to physicians and other referral sources resulted in the submission of false claims to the federal health care programs. Throughout his tenure at the department, Jonathan also worked closely with the Department of Health and Human Services (HHS), Office of the Inspector General, and Office of General Counsel to interpret and enforce the Antikickback Statute and the Stark Law and as a principal author of the DOJ's comments on various regulations and advisory opinions that HHS issued under those statutes. After settling a multiyear investigation of kickbacks paid to hundreds of physicians by a national hospital chain, Jonathan worked with a Civil Division team assigned to coordinate the DOJ's Pharma Fraud Initiative.
Jonathan received several awards during his tenure at the Justice Department, including an HHS Inspector General's Integrity Award for his work coordinating federal civil and administrative enforcement activities; a Food and Drug Administration Commissioner's Special Citation awarded to the team that litigated U.S. ex rel. Zissler v. University of Minnesota; a Civil Division Special Commendation awarded to the HCA Litigation Team; two honors awarded to the Parke-Davis Litigation Team; a Director's Award from the Executive Office of the United States Attorneys; and a Civil Division Special Commendation.
Jonathan speaks and writes frequently on health care fraud and abuse and the False Claims Act. He served as a contributing author to Prof. Pam Bucy's treatise, "Health Care Fraud: Criminal, Civil and Administrative Law," Law Journal Seminars-Press, 1998. Jonathan has also served on the Planning Committee for the American Bar Association's (ABA) National Institute on Health Care Fraud since that program began in 1993 and served as chair of that program for several years.
His articles include: "Enforcement of Health Care Kickback Prohibitions Through the Civil False Claims Act: Recent Trends," US Attorneys’ Bulletin, July 2005, co-author: Laura F. Laemmle; Comment: "Competitor Standing to Challenge a Merger of Rivals: The Applicability of Strategic Behaviorial Analysis," California Law Review, 1988.
Prior to joining the DOJ, Jonathan worked in private practice in Washington, D.C. He represented hospitals and other health care providers, manufacturers, physicians, and government contractors in a variety of civil and criminal fraud and antitrust matters.
Jonathan served as a law clerk to The Honorable Sherman G. Finesilver of the U.S. District Court for the District of Colorado in 1989.