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Kevin John Darken

Kevin John Darken

Practice areas:

White Collar Crime, Consumer Protection, Appeals, Health Care, Federal Crime, Criminal Defense

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About Me

Kevin Darken divides his practice at Cohen, Jayson & Foster between complex civil litigation and white collar criminal defense, including both civil and criminal appeals. He has close to twenty years of experience in all aspects of litigation and trial. A renowned authority in health care fraud, false claims and qui tam (whistleblower) actions, Kevin plays an integral part in the firm’s most challenging cases, drafting the intricate legal arguments that go into briefs and motions. In civil litigation, Kevin has focused on bringing civil rights actions and business tort cases.


 


Kevin’s diverse background includes stints as a federal prosecutor, white collar criminal defense attorney and corporate litigator with a large national law firm. An assistant U.S. Attorney in the Middle District of Florida for six years, Kevin was the office’s Health Care Fraud Coordinator from 1994 to 1997, and served on the Justice Department’s National Health Care Fraud Working Group. During his tenure with the government, he received the Department of Health and Human Services Inspector General’s Integrity Award for outstanding leadership in the fight against health care fraud.


 


Kevin joined Cohen, Jayson & Foster from Trenam, Kemker, Scharf, Barkin, Frye, O’Neill & Mullis, where he was a partner concentrating on white collar criminal defense. While at Trenam, Kemker, Kevin successfully defended the CEO of a health care company accused of conspiring to defraud the Medicare program. This acquittal stands as the only instance in which a Tampa white collar defense attorney has ever cleared a defendant of health care fraud charges. Kevin also spent five years at the Washington, D.C.-based law firm, Crowell & Moring, representing defense contractors accused of fraud.


 


Kevin has published extensively in his area of authority, recently completing the sixth edition of his book, Defending and Preventing Health Care Fraud Cases: An Attorney’s Guide. He has also written articles for the Florida Bar Journal, the ABA’s Criminal Justice magazine, the Hillsborough County Bar Association’s Lawyer magazine, Corporate Counsel Quarterly, and is a frequent speaker on health care fraud.


 


Kevin is married, with twin sons and a daughter.

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Practice Areas

Licensed since 1986

  1. Consumer Protection: 30%
    15 years
  2. White Collar Crime: 30%
    27 years
  3. Criminal Defense: 10%
    27 years
  4. Federal Crime: 10%
    27 years
  5. Other: 20%
  6. More 

Payment

Fees:

Free Consultation (120 minutes)

Payment Types:

Cash, Check

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Contact Info

Po Box 172538
Tampa, FL, 336720538

Cohen, Jayson & Foster

Suite 1000
201 East Kennedy Blvd.
Tampa, FL, 33602

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License

StateStatusAcquiredUpdated
FLMember in Good Standing199608/12/2015
MARetired198604/17/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.

Avvo Contributions

Legal Answers

Awards

Award NameGrantorDate Granted
Best Lawyers in America in White Collar Criminal DefenseBest Lawyers in America2009
Mardindale-Hubbell AV ratingMartindale-Hubbell2000
Integrity AwardUnited States Department of Health and Human Services' Office of Inspector General1998
Certificate of AppreciationFederal Bureau of Investigation1997
Certificate of AppreciationUnited States Department of Justice1997
Certificate of AppreciationUnited States Postal Inspection Service1997
Certificate of AppreciationDrug Enforcement Administration1997

Work Experience

TitleCompany NameDuration
Senior AttorneyCohen, Jayson & Foster2002 - Present
ShareholderTrenam, Kemker, Barkin, Frye, O'Neill, & Mullis, P.A.1997 - 2002
Assistant United States AttorneyUnited States Attorney's Office, Middle District of Florida1991 - 1997
AssociateCrowell & Moring1986 - 1991

Associations

Association NamePosition NameDuration
Boy Scouts of America, Gulf Ridge CouncilDistrict Award of Merit2009 - 2009
Catholic Committee on ScoutingBronze Pelican Award2009 - 2009
Boy Scouts of America New Fire District CommitteeActivities Chair2008 - Present
Federal Bar Association (Tampa Bay Chapter)Executive Board2004 - 2007
Boy Scout Troop 148Assistant Scoutmaster2003 - Present

Legal Cases

Case NameOutcome
United States v. Jennifer BarnettNot guilty jury verdict on all counts
United States v. Patrick StewartHome detention for embezzling $1.8 million
United States ex rel. Carolyn Ferrara and Ellen Murray v. Michael Rosin$1 million recovery for clients from qui tam case

See all Legal Cases 

Publications

Publication NameTitleDate
Florida Bar Health Law Section NewsletterDefending Unlicensed Practice of Medicine and Unlicensed Practice of Health Care Professions Prosecutions2009
Florida Justice Association JournalHow to Make Money From False Claims Act Qui Tam Actions Arising From Medical Malpracticie Presuit Investigations2009
Aspen Publishers (now CCH)Defending and Preventing Health Care Fraud Cases: An Attorney's Guide (book)2009
Hillsborough LawyerEmployees Beware of Criminal Sanctions for Unauthorized Access to Computer Information2003
Hillsborough LawyerCivil Monetary Penalty Investigations for Kickback Violations On The Rise2001
Hillsborough LawyerPreaching Compliance to Your Physician Clients2000
Hillsborough LawyerLessons for Lawyers from the Kickback War2000
Florida Bar JournalUnderstanding the New Federal Health Care Fraud Legislation1997
ABA Criminal Justice magazineUnderstanding the New Federal Health Care Fraud Legislation1997
Corporate Counsel's QuarterlyDefending Against Allegations of Corporate Criminal Liability Under Bank of New England1993
ABA Complex Crimes JournalAvoiding Liability for Witness Tampering Under 18 U.S.C. 1512: Tips for Criminal Defense Lawyers1990

Education

School NameMajorDegreeGraduated
Harvard Law SchoolLawJD - Juris Doctor cum laude1986
Yale UniversityHistory and Political ScienceB.A. magna cum laude1982

Speaking Engagements

Conference NameTitleDate
False Claims Act and Whistleblower Litigation in FloridaDefending Civil False Claims Cases2003
Central Florida Health Information Managers AssociationBringing and Defending Civil False Claims Cases2003
USF Medical School lectureHow New Doctors Can Avoid Health Care Fraud Problems2002
Prosecution and Defense of Health Care FraudDefense Strategies in Health Care Fraud Cases2002
Georgia Bar Health Care Fraud InstituteUnited States v. Jennifer Barnett: A Case Study of a Successful Lack of Intent Defense in a Medicare Fraud Billing Trial2002
ABA National Health Care Fraud InstituteCriminal and Civil Damages and Amount of Loss2002
Health Care Litigation IssuesCriminal, Civil and Administrative Health Care Fraud Enforcement2001
False Claims Act CLE courseModerator2001
Aegon Lawyers' ConferenceRICO: Assessing and Defusing Risks for Insurers after Humana, Inc. v. Forsyth1999
Protecting Your Clients Against Health Care Fraud and AbuseUpdate and Overview of Federal Enforcement Efforts1998
Heath Care Fraud and AbuseCriminal Liability Issues for CEOs1998