St. John’s University School of Law
(J.D.) Dean’s List
Senior Board Moot Court
Kramer Dilloff Tessel Duffy and
Moore Award for Oral Advocacy
University of Arizona
(B.A., Honors Degree)
Second Circuit Court of Appeals
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
HONORS AND AWARDS
Super Lawyers - New York Metro
New York State Bar Association
Task Force on COVID-19 Immunity
American Bar Association
National Association of Criminal Defense Lawyers
American Health Lawyers Association
John Martin represents both individuals and organizations in regulatory and criminal investigations, compliance matters, as well as in civil and criminal litigations. With a particular expertise in Health Care Fraud, and False Claims Act (Qui Tam) cases, Mr. Martin has not only been successful at enabling his clients to avoid litigation, but he has frequently prevailed over the government and regulatory agencies when litigation was unavoidable. Over the past several years Mr. Martin has won acquittals for a number of Health Care providers in both federal and state criminal cases. Mr. Martin has also prevailed in high stakes civil litigations and arbitrations, and he has repeatedly negotiated extremely favorable resolutions of both civil and criminal Health Care Fraud matters.
- Obtained an acquittal after a jury trial on all counts in the prosecution of a Physician for Health Care Fraud in the federal court for the Eastern District of New York.
- Obtained a reversal on appeal of 8 of 10 counts of conviction on behalf of Pharmacist prosecuted by the New York Attorney General’s Medicaid Fraud Unit.
- Recovered over $3 million dollars, plus interest and attorneys' fees, for a major New York Hospital system, in ERISA litigation over non-payment for services rendered.
Prior to joining Garfunkel Wild, P.C., Mr. Martin was both a state and federal prosecutor, and during this period he conducted over 35 felony jury trials and handled approximately 100 criminal appeals. Mr. Martin began his career in the Appeals Bureau of the Manhattan District Attorney’s Office, where he argued cases in numerous appellate courts, including the Appellate Division, First Department, the New York Court of Appeals and the Second Circuit Court of Appeals. While in the Appeals Bureau Mr. Martin also drafted New York Penal Law Section 470, the first Money Laundering statute enacted in New York State. Shortly after he moved to the Trial Division of the District Attorney’s Office Mr. Martin handled some of the office’s most serious and sensitive cases, including murders, police shootings and complex gang prosecutions.
One of Mr. Martin’s high profile murder trials, People v. Kevin McKiever, was broadcast on the Court TV network. During his last seven years at the District Attorney’s Office Mr. Martin was a Deputy Bureau Chief and he supervised a staff of over 50 attorneys and participated actively in the training of Assistant District Attorneys in trial advocacy and complex criminal investigations.
Mr. Martin left the New York County District Attorney’s Office in 2003 to become an Assistant United States Attorney in the Eastern District of New York. In that office Mr. Martin focused on complex white collar criminal cases, including securities fraud, insider trading, health care fraud, and money laundering, and he successfully conducted several securities fraud trials involving C.E.O.s of publicly traded corporations. Mr. Martin also investigated and brought insider trading, securities, mail, wire and tax fraud charges against the former C.E.O. and senior executives of D.H.B. Industries Inc., a Westbury, Long Island-based manufacturing firm responsible for supplying the majority of body armor for the U.S. troops in Iraq and Afghanistan. In the D.H.B. case the U.S. Attorney’s office was able to seize nearly $200 million in criminal proceeds as a result of Mr. Martin’s investigation, one of the largest seizures in the office’s history.
Mr. Martin received his B.A. from the University of Arizona and his J.D. from St. John’s University School of Law.
Speeches and Events
- Recent Trends in Health Care Fraud Investigations, Nassau County Bar Association (NCBA) Hospital and Health Law Committee, September 17, 2019
- Trending Issues In False Claims Act Litigation, ABA Member Benefit Presentation, June 8, 2016
- Law Enforcement Issues For Physicians and Labs, 2016 New York Mtro ASC Symposium, September 14, 2016
- Understanding and Avoiding False Claims Act Liability & the Anatomy of a Whistleblower Case, 2017 New York Mtro ASC Symposium, October 20, 2017
- HCCS False Claims Act Webinar, "False Claims Act Basics And Recent Developments" (October 20, 2016)
- Authored chapter entitled "Medicaid Fraud and the Collateral Consequences of a Criminal Conviction" in the Legal Manual of New York Physicians (Sixth Edition)
- Statistical Sampling in Health Care Litigation, New York Law Journal, Outside Counsel, June 3, 2016
- 2nd Circ. Pushes Against Partial 3rd-Party Payor Payments, Law360.com, February 3, 2015
- Inappropriate Identity Theft Charges In White Collar Cases, Law360.com, August 15, 2014
- Health Care Fraud: What's Intent Got to Do With It, New York Law Journal, July 7, 2014
- Using I-STOP to Stay on Top of Prescription Drug Abuse, The Risk Management Quarterly, Fall 2013
- A Man’s Home Is His…Jail?, New York Law Journal, July 9, 2012