Franklin Monsour is a former federal prosecutor for the Southern District of Florida, in Miami, where he was lead counsel in negotiating more than US$100 million in False Claims Act, healthcare fraud and civil penalty settlements for the US, and prosecuted numerous criminal cases. Franklin has successfully tried both criminal and civil cases to verdict, including a month-long criminal jury trial in a more than US$30 million healthcare fraud and money laundering prosecution. Drawing on this experience, Franklin focuses his practice on representing corporations and individuals under investigation by the Department of Justice, States’ Attorneys General and industry regulators.
As an Assistant US Attorney for the Southern District of Florida, and through a stint with the US Attorney’s Office in Colorado, Franklin gained substantial knowledge of criminal and civil healthcare fraud matters and both criminal and regulatory pharmaceutical matters. In a regulatory drug diversion case against one of the country’s largest pharmacy chains, Franklin negotiated the then largest civil penalty ever recovered by the Drug Enforcement Administration (DEA) – US$80 million. Franklin received a commendation from the DEA for his work on that case, which significantly developed the template for similar DEA regulatory actions against drug distribution centers that are alleged to distribute suspiciously large amounts of prescription narcotics to retail pharmacies.
Franklin also worked on numerous parallel civil/criminal healthcare fraud cases, including those involving alleged violations of the federal Anti-kickback Statute. In one such False Claims Act, qui tam, action, Franklin negotiated a record US$17 million settlement of kickback allegations against a chain of skilled nursing facilities in South Florida. The facilities were alleged to have created a complex kickback scheme, in which physicians were ostensibly paid as medical directors, but were actually compensated based on patient referrals.
In addition, Franklin prosecuted numerous criminal cases, including those involving fraud, money laundering, narcotics and violent crimes. He was co-lead counsel in trying a month-long trial in the Southern District of Florida, convicting a compounding pharmacist and his employee of conspiracy to commit healthcare fraud, pay kickbacks and money laundering. The case was the largest compounding pharmacy fraud case to go to trial, involving a vast scheme with numerous co-conspirators to bill well over US$30 million to the US military’s health insurance program for expensive medications that were not necessary and often filled for non-existent or paid-off patients.
Experienced in all aspects of litigation, Franklin has tried more than 10 criminal and civil trials to verdict, argued numerous substantive motions in federal and state court and argued appeals before the Second, Sixth and Eleventh Circuit Courts of Appeals, as well as the New York Appellate Division.
Prior to entering the public sector, Franklin worked for AmLaw 100 global firms, focusing on complex commercial and international litigation, including matters involving the Anti-Terrorism Act and the Alien Tort Statute. Prior to that, he spent two years as a law clerk with the US Court of Appeals for the Second Circuit.