Glen Donath

Mr. Donath’s practice focuses on white collar criminal defense, governmental enforcement actions, internal investigations, health care fraud and abuse, corporate compliance and complex civil litigation.

A highly regarded former federal prosecutor with extensive trial experience, Mr. Donath has successfully represented health care providers, financial institutions, investment funds, insurance companies and various other corporations in an array of complex civil and criminal proceedings, and has successfully defended many corporate officers in similar matters. He also regularly conducts internal investigations for corporations and other organizations.

Some of Mr. Donath’s current and recent representations include serving as:

• Counsel to a publicly traded health care company in a federal grand jury investigation conducted by the Department of Justice (DOJ).
• Trial counsel for a senior Congressional official charged with public corruption offenses stemming from Abramoff investigation.
• Counsel to a major hospital and health system in a DOJ investigation.
• Counsel to a corporation and individuals in a Senate investigation into offshore tax havens.
• Counsel to several executives of a major Middle Eastern financial institution in a federal tax investigation.
• Counsel to a government contractor in a Department of Defense kickback investigation.
• Counsel to several executives of a multinational transportation company in a DOJ criminal antitrust investigation.
• Counsel to several hedge fund executives in a high-profile SEC investigation.
• Counsel to hospitals and national health systems in DOJ and HHS OIG investigations into kyphoplasty and "one-day stay" billings.
• Counsel to major hospital systems in a DOJ implantable cardiac-defibrillator (ICD) billing investigation.
• Counsel to a medical center in a grand jury investigation conducted by the DOJ.
• Counsel to a national insurance company in a successful D.C. circuit appeal reversing grant of summary judgment in a class action under Fair Labor Standards Act.

Mr. Donath previously served as a federal prosecutor for five years. As a Senior Assistant US Attorney in the Fraud and Public Corruption Section of the US Attorney’s Office for the District of Columbia, he conducted grand jury investigations and prosecuted cases involving a wide variety of white collar matters, including health care fraud, money laundering, mail and wire fraud, tax offenses, bankruptcy fraud and government corruption. During his time as a federal prosecutor, Mr. Donath first-chaired dozens of trials involving a wide variety of criminal offenses to successful verdicts. He received numerous Department of Justice Special Achievement Awards for sustained superior performance.

Prior to his government service, Mr. Donath practiced law at Williams & Connolly LLP, where he participated in the firm’s representation of former President Bill Clinton and was a member of the trial team representing President Clinton during the impeachment proceedings in the United States Senate.

Mr. Donath received his BA, magna cum laude, from Yale University and his JD, with high honors, from The University of Chicago Law School, where he was comment editor of the University of Chicago Law Review and was elected to the Order of the Coif. He served as a law clerk to the Honorable A. Raymond Randolph of the US Court of Appeals for the D.C. Circuit. Mr. Donath also serves on the Board of Directors of the Assistant US Attorneys Association for the District of Columbia and is a member of the American Health Lawyers Association. He is admitted to practice in the District of Columbia and New York. Mr. Donath was included in Washington, D.C. Super Lawyers (2012–2013).

Publications

• "Responding to Globalization and Stricter Enforcement in Today's White Collar Climate," Inside the Minds:  Managing White Collar Legal Issues, 2012 Edition (Thomson Reuters/Aspatore 2012)
• "CMS Issues New Voluntary Stark Self-Referral Disclosure Protocol," (September 2010)
• "When No Knowledge Can Still Be a Dangerous Thing: The Potential Criminal Liability of Officers and Directors of Healthcare Companies for the Acts of Their Subordinates," American Health Lawyers Association Business Law and Governance Journal (December 2008)
• "Curing Cancerphobia Phobia: Reasonableness Redefined." 62 U. Chi. L. Rev. 1113 (1996)

Recent Presentations

• "Foreign Corrupt Practices Act: Applicability to Importers and Exporters" (Chicago, November 8, 2012)
• "Managing Physician Relationships in an Environment of Heightened Scrutiny" (Washington, D.C., March 8, 2012)
• "Transparency — What It Really Means in the Wake of Health Care Reform: Self-Disclosure Amidst Increased Investigative and Prosecutorial Activity," (Compliance 360 Webinar, December 15, 2010)
• "To Tell or Not to Tell: Voluntary Disclosures Under Stark in the Post-Health Care Reform World," (Webinar, September 27, 2010)
• "Basics of Corporate Internal Investigations," (St. Regis Hotel, Washington, D.C., September 29, 2009)
• "Hot Topics in Foreign Corrupt Practices Act," (Ronald Reagan Building, Washington, D.C., October 15, 2008)
• "Health Care Fraud Investigations and How They Unfold," (Washington, D.C., July 8, 2008)