David M. Eskew - Lawyer in New York, NY

David is an experienced trial lawyer, an experienced specialist in criminal and civil cases, as well as a reliable consultant for institutions and individuals. In each case, David combines a practical, hands-on approach with in-depth knowledge of state law enforcement and criminal cases. He formulates realistic and holistic litigation strategies that are designed to solve the most complex and complex cases and achieve the best possible outcomes while avoiding unnecessary inefficiency and losses. His practice focuses on white-collar criminal defense, parallel investigations of criminal and civil cases and law enforcement issues, as well as complex commercial litigation. David has experience in both criminal and civil cases in a wide range of white-collar specialties, including healthcare fraud; government fraud; bribery; privacy issues; bank, telegraph and mail fraud; cybercrime and computer fraud; identity theft; securities fraud; and tax fraud. David has had an outstanding 12-year career as a former federal prosecutor in two different U.S. states. Law offices where he held several senior positions and investigated some of the country's largest cases in the field of healthcare, government fraud, cybercrime and securities fraud.

White-collar criminal defense in complex fraud cases

David defends both institutional and individual clients in fraud cases. As a former federal prosecutor, David has a deep understanding of how federal criminal cases are compiled, and has successfully applied this experience to the analysis of investigations by the defense. Thanks to a practical, reasonable and “evidence-oriented” approach, David has achieved incredible results for AEL clients accused in criminal cases. Over the past year alone, David and his partner Ken Abell have successfully relieved clients of pending federal criminal charges and negotiated decisions only in civil cases, postponed prosecution and petitions for misconduct. In many cases where clients were under investigation, AEL referred these cases for rejection. Often the best result is the result that no one ever hears about. Simply put, in high-stakes criminal prosecutions, results matter, and David and his partners have a proven track record of success.

Expert on Parallel civil/Criminal cases

David is an expert on so-called «parallel» cases in which the U.S. Department of Justice, state attorneys General and other federal and state agencies – sometimes together, and sometimes separately — investigate and prosecute cases involving criminal, civil and administrative penalties. David stands out among former prosecutors because, as AUSA, he handled and supervised both criminal and civil cases, gaining real experience in solving many unique problems arising in parallel cases. As the head of the Department for Combating Fraud in the Field of Healthcare and Public Administration in New Jersey, USA. In the Prosecutor's office, David led a team of both criminal and civil AUSAS investigating and prosecuting cases against large multinational pharmaceutical companies, hospital systems, pharmacies, medical companies, doctors and other medical professionals related to violations of title 18 of the United States Code, the Federal Anti-Kickback Act (AKS), the Federal False Claims Act (FCA), the Food, Drug and Cosmetics Act (FDCA), the Health Insurance Portability and Protection Act (HIPAA) and the Foreign Corrupt Practices Act (FCPA). David was also responsible for managing a well-known healthcare practice in New Jersey, making intervention and rejection decisions on a wide range of concurrent civil and criminal healthcare investigations. Today, David represents the interests of large institutions and individuals in parallel cases and advises his clients on issues of unstable equilibrium and many problems arising in parallel cases.

An Experienced, Stubborn Lawyer

David personally led and supervised hundreds of complex civil and criminal cases. He has handled more than a dozen federal cases from both the prosecution and the defense. Against the background of his extensive experience in court, David develops evidence-based, reality-based and victory-oriented litigation strategies. He currently handles a wide range of criminal and civil cases in federal and state courts in New York, New Jersey and elsewhere.

Previous public service and Intellectual Leadership

Prior to co-founding AEL, David had an outstanding 12-year career in two separate offices of the U.S. Attorney's Office — the Eastern District of New York (EDNY) and the District of New Jersey (DNJ). During his career in public service, David has held several leadership positions, including Chief of the General Crimes Division, where he was responsible for overseeing and training all new AUSAS in the District of New Jersey; Chief of the Health and Government Fraud Division, where he led a team of both criminal and civil AUSAS investigating and prosecuting health cases.; and Deputy Chief of the Criminal Division, the number two position in the Criminal Division of the District of New Jersey. During his tenure as AUSA, David participated in several jury trials to reach a verdict, prosecuted and supervised nationally recognized fraud cases.

David regularly speaks at conferences and discussion forums on the Department of Justice's white collar and health policy and priorities, the federal Anti-Kickback Act, the Federal False Claims Act, parallel procedures, and corporate compliance. David has published articles in ABA Litigation Magazine, New York Law Journal, Law360 and other publications. David also taught a college course on cybercrime.

Prior to joining the U.S. Attorney's Office, David worked as a lawyer at a prestigious international law firm in New York, where he dealt with creditors' rights and restructuring issues. He also worked as a lawyer for the Honorable Stuart M. Bernstein, Chief Judge of the U.S. Bankruptcy Court for the Southern District of New York.