Steve Kuperberg’s practice focuses on representing clients in government criminal investigations and related civil litigation, particularly in matters alleging violations of the federal fraud and abuse laws, health care promotional practices laws, and antitrust laws.
A former state and federal prosecutor and seasoned defense attorney, Steve has extensive experience representing clients under investigation by U.S. Attorney’s Offices, the Department of Justice Civil and Criminal Fraud units and Antitrust Division, the Securities and Exchange Commission, state and federal inspectors general, state attorneys general, and other governmental bodies, in addition to representing clients in related False Claims Act litigation brought by qui tam whistleblowers.
Steve’s clients have included pharmaceutical and medical device manufacturers, insurance providers, prescription benefit managers, hospitals, higher education institutions, and individuals facing allegations of violations of the Federal Anti-Kickback Statute, the Food, Drug, and Cosmetic Act, the Sherman Antitrust Act, the Stark Act physician self-referral law, and others. Steve has also conducted internal investigations for clients seeking to uncover suspected wrongdoing in the absence of a known government investigation.
As a prosecutor with the U.S. Department of Justice Antitrust Division’s national criminal enforcement section, Steve prosecuted cases ranging from multi-national price-fixing conspiracies to collusion on local government contract bid-rigging, utilizing all the methods of federal investigation from issuing subpoenas and securing grand jury testimony to executing search warrants, wiretaps, and dawn raids. While with the Division, Steve taught at the Federal Law Enforcement Training Center for inspectors general. In addition to his federal experience, Steve also served as a state prosecutor with the State’s Attorney’s Office for Montgomery County, Maryland.
In addition to his legal experience, Steve has previously served in roles with national nonprofit policy organizations including as executive director of the Israel on Campus Coalition. In that role, Steve offered support and counseling to campus administrators, faculty, and others regarding programs and activities in highly sensitive and potentially controversial circumstances. In recognition of his leadership, the Israeli Prime Minister’s Office and Ministry of Foreign Affairs asked Steve to chair the campus advocacy task force for the Global Coalition for Israel, an international coordinating body for pro-Israel organizations, and Steve also chaired the campus task force for the Conference of Presidents of Major American Jewish Organizations.
Steve graduated cum laude and Order of the Coif from the University of Michigan Law School, where he was a contributing editor on the Michigan Law Review and a semifinalist in the Campbell Moot Court competition. After law school, Steve clerked for the Honorable Benson E. Legg on the U.S. District Court for the District of Maryland.
• Steve Kuperberg, Mark Fitzgerald, and Jim Pyles, "Five Things Hospitals Can Do Now to Protect Themselves from EHR Incentive Payment Pitfalls," Bloomberg BNA’s Medicare Report, August 2017
• “Cartel Investigations Under Trump: Turning the Page, or Throwing the Book?” BNA Banking and BNA Antitrust, February 6, 2017
• “Expert Analysis: Do Not Expect Lax Financial Enforcement Under Trump,” Law360, December 23, 2016
• Biweekly column for The Times of Israel, January to December 2012
• “Whose Certification Is It Anyway? Limitations on Implied Certification Liability Under the Civil False Claims Act,” ABA Health Care Law Conference, January 2009 (with Jonathan Diesenhaus and Thomas Widor)
HONORS & AWARDS
Contributing Editor, Michigan Law Review
Semifinalist, Campbell Moot Court competition
MEMBERSHIPS & ACTIVITIES
Instructor, Federal Law Enforcement Training Center
Chair, campus advocacy task force for the Global Coalition for Israel
Chair, campus task force for the Conference of Presidents of Major American Jewish Organizations