Professional Experience
Mr. Fabrikant is a partner in the firm’s national Health Care Practice, Litigation Practice, and Corporate Investigations & White Collar Defense Practice. He is a trial lawyer who focuses on complex civil and criminal litigation in the health care industry, with an emphasis on antitrust and fraud and abuse issues. He has extensive experience defending government investigations and litigations under the False Claims Act, and conducting internal investigations. Prior to joining Manatt, Mr. Fabrikant had been the chair of the Health Care Practice at Sidley Austin LLP. He speaks and writes frequently on legal issues in the healthcare industry, and about the Civil War.
After graduating law school, Mr. Fabrikant served as the Senior Law Clerk to Chief Justice Warren E. Burger. He then taught at the University of Singapore Law School, served as Counsel to the Monetary Authority of Singapore, an Assistant U.S. Attorney in the District of Columbia, and a trial attorney at the Antitrust Division at the U.S. Department of Justice.
Mr. Fabrikant is the Co-Founder and former Co-Chairperson of the False Claims Act and the Qui Tam Subcommittee of the American Bar Association White Collar Crime Committee, 1992-2001. He is also the Founder and former Chairperson of the Health Care Fraud and Abuse Subcommittee of the American Bar Association White Collar Crime Committee, 1991-2000.
Mr. Fabrikant is the Practitioner-in-Residence at Howard University School of Law, where he has taught for 10 years. He has also been an adjunct professor at Georgetown University Law Center, the University of Southern California Law School, and the Transnational Law and Business University in Seoul, South Korea.
Memberships & Activities
Admitted to practice in California, New Jersey, and the District of Columbia.
Publications
(Partial List)
Fabrikant et al., HEALTH CARE FRAUD: Enforcement and Compliance, Law Journal Press (updated annually since 1996).
“Federal Criminal Prosecutions of Kickback Arrangements in the Healthcare Sector Involving Private Pay Patients,” 47 American Criminal Law Review 237, 2010. “In the Shadow of the False Claims Act: ‘Outsourcing’ the Investigation by Government Counsel to Relator Counsel During the Seal Period,” 83 N.D. L. Rev. 837, 2007.
“The Emancipation Proclamation Unveiled: A Reply to Professor Guelzo,” 50 HOW.L.J. 417, 2007.
“The Emancipation Proclamation: Of Contrabands, Congress and Lincoln,” 49 HOW.L.J.313, 2006.
“Civil False Claims Act and Qui Tam Litigation: Aggressive Use in Health Care Leads to Constitutional and Procedural Challenges,” Annual National Congress on Health Compliance, March 2002.
“Under Federal Fire: Companies Need to Focus on Compliance to Avoid Becoming Easy Targets for Investigators,” May 2001.
“Under the Meat Axe: Application of the Anti-Kickback Statute to Price Concessions by Pharmaceutical Manufacturers,” May 2001.
“Compliance Officers: Are They The Government’s Fifth Column,” Mealey’s Conference, June 2001.
“Corporate Criminal Liability In The United States,” July 2001.
“Defending a Fraud Investigation by the Department of Health and Human Services Office of Inspector General: An Overview,” February, 1999.
“Application of the Federal False Claims Act to Regulatory Compliance Issues in the Health Care Industry,” 51 Ala. L. Rev. 51, 1999.
“Civil False Claims Act and Qui Tam Litigation in the Health Care Area: A Defensive Perspective on Recent Developments, November 1998.
“Health Care Fraud: Criminal, Civil, and Administrative Law,” Law Journal Seminars Press, 1998.
“Dealing with Illegal Contracts: Some Legal, Practical and Ethical Considerations,” May 1997.
“Insurance Fraud Litigation Between Payors and Providers: The Affirmative Defense of Waiver,” March 1995.
“The Criminal Medicare and Medicaid Anti-Kickback Statute: The Intent Defense,” January 1994.
“A Brief Overview of Healthcare Fraud and Abuse Laws,” August 1993.
“Prosecutions of Mental Health Providers Overview of Applicable Laws, Regulations and Theories,” August 1993.
“Pertamina: A Legal and Financial Analysis of a National Oil Company in a Developing Country,” 10 TEXAS INT’L L.J. 495, 1975. Reprinted in abbreviated form in Law and Public Enterprise in Asia, 1976.
“Developing Country State Enterprises: Performance and Control,” 15 Colum.J. Transnat’l L. 40, 1976.
“Production Sharing Contracts in the Indonesian Petroleum Industry,” 16 Harv. Int’l L.J. 303, 1975.
“Oil and Asian Rivals, Hearings, Subcommittee on Asian and Pacific Affairs,” House of Representatives, 93rd Congress, 1974.
“The Indonesian Petroleum Industry: Miscellaneous Source Materials,” Institute of Southeast Asian Studies, Singapore, 1973.
“Legal Aspects of Production Sharing Contracts in the Indonesian Petroleum Industry,” Institute of Southeast Asian Studies, Singapore, 1973.
“Some International Law Problems of the Malacca Straits Controversy,” Institute of Southeast Asian Studies, Singapore, 1973.
“Judicial Clerkship: A Proposal,” Malayan Law Journal, Vol. I, p. ix, 1971.