John G. Martin
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John Martin represents both individuals and organizations, including Hospitals and Long Term Care Facilities, 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, John 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 John has won acquittals for a number of Health Care providers in both federal and state criminal cases. John 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.
Prior to joining Garfunkel Wild, P.C., John was both a state and federal prosecutor, and during this period he conducted over 35 felony jury trials and handled approximately 100 criminal appeals. John 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 John 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 John handled some of the office’s most serious and sensitive cases, including murders, police shootings and complex gang prosecutions.
One of John’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 John 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.
John 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 John 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. John 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 John’s investigation, one of the largest seizures in the office’s history.
- 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 a 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.
Garfunkel Wild attorneys have once again been selected by their peers for inclusion in the 2023 edition of Super Lawyers.
Thirty-Three Garfunkel Wild attorneys were selected by their peers for inclusion in 2022 New York Metro Super Lawyers, and 2022 New York Metro/Upstate New York Rising Stars.
Thirty-Six Garfunkel Wild attorneys were selected by their peers for inclusion in 2020 New York Metro Super Lawyers, and 2020 New York Metro/Upstate Rising Stars.
Thirty-Six Garfunkel Wild attorneys were selected by their peers for inclusion in 2021 New York Metro Super Lawyers, and 2021 New York Metro/Upstate New York Rising Stars.
John Martin Quoted In Newsday Article Entitled “Former CFO From LI Pleads Guilty To Stealing From Manhasset Real Estate Firm” On September 10, 2019.
Thirty-Four Garfunkel Wild attorneys were selected by their peers for inclusion in 2019 New York Metro Super Lawyers, and 2019 New York Metro Rising Stars.
John Martin Quoted in New York Law Journal on Appellate Reversal of Charges Against His Client, A Suffolk County Pharmacist, In HIV Drug Scheme
Super Lawyers has recognized 36 Garfunkel Wild Attorneys across a range of the firm’s practice areas to the 2024 Super Lawyers and Rising Stars list.
On June 4, 2024, the New York State Supreme Court, Orleans County held that courts cannot appoint independent health care and financial monitors to make binding “recommendations” – the centerpiece of the New York State Attorney General’s campaign against for-profit nursing homes.
In this webinar, the John G. Martin will explore current trends in criminal and civil telehealth enforcement to better understand provider risks and mitigation strategies.
The U.S. Court of Appeals for the Second Circuit decision held that while nursing homes have a general obligation to adequately care for their residents, there is no specific requirement that nursing homes use Medicaid or Medicare reimbursement payments in a certain way because such payments are reimbursements for services already provided to residents, and do not contain “forward-looking conditions” on how the funds must be used.
Join Garfunkel Wild’s Robert A. Del Giorno and David Traskey, former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
Join Garfunkel Wild’s Robert A. Del Giorno and John G. Martin for a discussion with David Traskey, the firm’s newest Partner and former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
Join Garfunkel Wild’s Robert A. Del Giorno and John G. Martin for a discussion with David Traskey, the firm’s newest Partner and former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
Given the government’s increasing enforcement of EKRA, now is a good time for providers to understand the enforcement landscape, understand EKRA’s application and to reassess potentially noncompliant compensation structures.
On March 17, 2023, the Centers for Medicare and Medicaid Services (“CMS”) announced that independent dispute resolution (“IDR”) process called for in the Federal No Surprises Act should resume, and that the IDR entities could again make payment determinations in disputes between out-of-network providers and health plans that are subject to the NSA.
Garfunkel Wild’s Debra Silverman and John Martin will present the webinar “Federal No Surprises Act – One month in. What have we learned? What questions remain?" on February 1, 2022, from 12:00 pm – 1:00 pm (EST).
John Martin will present the “Fraud and Abuse – Lessons From Esformes Case” Webinar on September 18, 2019.
John G. Martin and Robert A. Del Giorno will present at the Nassau County Bar Association’s CLE – Recent Trends in Health Care Fraud Investigations on September 17, 2019.
Additional speaking & writing
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
Publications
- Authored chapter entitled “Medicaid Fraud and the Collateral Consequences of a Criminal Conviction” in the Legal Manual of New York Physicians (Sixth Edition)
John Martin represents both individuals and organizations, including Hospitals and Long Term Care Facilities, 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, John 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 John has won acquittals for a number of Health Care providers in both federal and state criminal cases. John 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.
Prior to joining Garfunkel Wild, P.C., John was both a state and federal prosecutor, and during this period he conducted over 35 felony jury trials and handled approximately 100 criminal appeals. John 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 John 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 John handled some of the office’s most serious and sensitive cases, including murders, police shootings and complex gang prosecutions.
One of John’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 John 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.
John 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 John 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. John 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 John’s investigation, one of the largest seizures in the office’s history.
- 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 a 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.
On June 4, 2024, the New York State Supreme Court, Orleans County held that courts cannot appoint independent health care and financial monitors to make binding “recommendations” – the centerpiece of the New York State Attorney General’s campaign against for-profit nursing homes.
The U.S. Court of Appeals for the Second Circuit decision held that while nursing homes have a general obligation to adequately care for their residents, there is no specific requirement that nursing homes use Medicaid or Medicare reimbursement payments in a certain way because such payments are reimbursements for services already provided to residents, and do not contain “forward-looking conditions” on how the funds must be used.
On March 17, 2023, the Centers for Medicare and Medicaid Services (“CMS”) announced that independent dispute resolution (“IDR”) process called for in the Federal No Surprises Act should resume, and that the IDR entities could again make payment determinations in disputes between out-of-network providers and health plans that are subject to the NSA.
In this webinar, the John G. Martin will explore current trends in criminal and civil telehealth enforcement to better understand provider risks and mitigation strategies.
Join Garfunkel Wild’s Robert A. Del Giorno and David Traskey, former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
Join Garfunkel Wild’s Robert A. Del Giorno and John G. Martin for a discussion with David Traskey, the firm’s newest Partner and former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
Join Garfunkel Wild’s Robert A. Del Giorno and John G. Martin for a discussion with David Traskey, the firm’s newest Partner and former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
Given the government’s increasing enforcement of EKRA, now is a good time for providers to understand the enforcement landscape, understand EKRA’s application and to reassess potentially noncompliant compensation structures.
Garfunkel Wild’s Debra Silverman and John Martin will present the webinar “Federal No Surprises Act – One month in. What have we learned? What questions remain?" on February 1, 2022, from 12:00 pm – 1:00 pm (EST).
John Martin will present the “Fraud and Abuse – Lessons From Esformes Case” Webinar on September 18, 2019.
John G. Martin and Robert A. Del Giorno will present at the Nassau County Bar Association’s CLE – Recent Trends in Health Care Fraud Investigations on September 17, 2019.
On June 4, 2024, the New York State Supreme Court, Orleans County held that courts cannot appoint independent health care and financial monitors to make binding “recommendations” – the centerpiece of the New York State Attorney General’s campaign against for-profit nursing homes.
In this webinar, the John G. Martin will explore current trends in criminal and civil telehealth enforcement to better understand provider risks and mitigation strategies.
The U.S. Court of Appeals for the Second Circuit decision held that while nursing homes have a general obligation to adequately care for their residents, there is no specific requirement that nursing homes use Medicaid or Medicare reimbursement payments in a certain way because such payments are reimbursements for services already provided to residents, and do not contain “forward-looking conditions” on how the funds must be used.
Join Garfunkel Wild’s Robert A. Del Giorno and David Traskey, former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
Join Garfunkel Wild’s Robert A. Del Giorno and John G. Martin for a discussion with David Traskey, the firm’s newest Partner and former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
Join Garfunkel Wild’s Robert A. Del Giorno and John G. Martin for a discussion with David Traskey, the firm’s newest Partner and former Senior Counsel with the HHS-OIG as they delve into HHS-OIG’s inner workings.
Given the government’s increasing enforcement of EKRA, now is a good time for providers to understand the enforcement landscape, understand EKRA’s application and to reassess potentially noncompliant compensation structures.
On March 17, 2023, the Centers for Medicare and Medicaid Services (“CMS”) announced that independent dispute resolution (“IDR”) process called for in the Federal No Surprises Act should resume, and that the IDR entities could again make payment determinations in disputes between out-of-network providers and health plans that are subject to the NSA.
Garfunkel Wild’s Debra Silverman and John Martin will present the webinar “Federal No Surprises Act – One month in. What have we learned? What questions remain?" on February 1, 2022, from 12:00 pm – 1:00 pm (EST).
John Martin will present the “Fraud and Abuse – Lessons From Esformes Case” Webinar on September 18, 2019.
John G. Martin and Robert A. Del Giorno will present at the Nassau County Bar Association’s CLE – Recent Trends in Health Care Fraud Investigations on September 17, 2019.
Additional speaking & writing
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
Publications
- Authored chapter entitled “Medicaid Fraud and the Collateral Consequences of a Criminal Conviction” in the Legal Manual of New York Physicians (Sixth Edition)
Practices
Education
- Dean’s List
- Senior Board Moot Court
- Kramer Dilloff Tessel Duffy and Moore Award
- Honors Degree
Court admissions
U.S. District Court: Southern District of New York
U.S. District Court: Eastern District of New York
PROFESSIONAL MEMBERSHIPS
- New York State Bar Association
- Task Force on COVID-19 Immunity and Liability (2021)
- American Bar Association
- National Association of Criminal Defense Lawyers
- American Health Law Association
AWARDS & RANKINGS
- Super Lawyer – White Collar Defense (2012-2024)