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John N. Joseph

Education

  • University of Pennsylvania Law School (J.D., Dean's List, 1986) Recipient of the American Jurisprudence Award, Civil Procedure
  • University of Pennsylvania (B.A. in Economics, 1983)

Bar Memberships

  • District of Columbia, 1987
  • New Jersey, 1986
  • Pennsylvania, 1986

Court Admissions

  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Federal Claims

Affiliations

  • American Health Lawyers Association, Enforcement Subcommittee Co-Chair

John N. Joseph

Principal

Philadelphia

(215) 587-1191

(215) 320-4190 Fax

Washington, D.C.

jjoseph@postschell.com

John N. Joseph is a Principal in the Firm's Internal Investigations & White Collar Defense GroupHe represents clients in complex civil and criminal investigations and cases brought under federal law, including the False Claims Act, the Anti-Kickback Statute, and the RICO Act. Mr. Joseph’s clients originate from a broad spectrum of industries, including: health care; pharmaceutical and medical device; securities, insurance and financial services; food services; and manufacturing. He has also been qualified and has served as an expert consultant and trial witness in high-stakes litigation that requires expert testimony regarding how law enforcement perceive and act upon allegations of fraud, whistleblower retaliation, and other civil and criminal violations.

Mr. Joseph has successfully represented clients in diverse cases ranging from off-label marketing and health care fraud to RICO violations, commercial civil litigation and environmental non-compliance. As part of these engagements, he collaborates proactively with clients in conducting internal investigations to identify and develop options for reducing, or resolving, exposures.

As a former Assistant United States Attorney in both the Criminal and Civil Divisions, Mr. Joseph possesses extensive complex investigation, discovery and trial experience in significant civil and criminal cases. Based on his civil enforcement experience, Mr. Joseph works with in-house counsel to develop and enhance compliance programs and practices to avoid potential law enforcement actions. In addition to his white collar work, Mr. Joseph maintains a robust commercial civil litigation practice. 

Mr. Joseph’s background as a U.S. attorney in both the DOJ’s Criminal and Civil Divisions, makes him a sought after expert witness and consultant both before and during trial. Drawing upon his almost twenty-year career as a federal prosecutor, he provides an experienced perspective on how and when civil or criminal actions are taken by the DOJ, what may or may not constitute fraud and violations of the federal False Claims Act, the effectiveness of corporate compliance programs, and how the DOJ views retaliation in whistleblower cases. Cases where Mr. Joseph has served as an expert witness include litigation seeking specific performance in connection with a pharmaceutical industry transaction in which the putative seller was under investigation for potential fraud, a litigation seeking the dissolution of a major metropolitan cancer treatment joint venture, and a whistleblower retaliation case involving an international courier delivery service.

Mr. Joseph's practice areas include:

  • alleged fraud and abuse by health care systems/providers and pharmaceutical and medical device manufacturers, including billing, contracting, kickback and product marketing issues;
  • qui tam defense;
  • RICO Act defense;
  • government contracting and reimbursement;
  • tax, insurance, mail, wire and financial institution fraud;
  • complex commercial and civil litigation;
  • environmental litigation under all federal environmental laws, including the Clean Water Act and the Clean Air Act;
  • securities fraud/FCPA;
  • internal theft and misconduct;
  • computer vulnerability and identity theft;
  • immigration fraud; and
  • public corruption.

Mr. Joseph has taught or lectured on white collar crime, the False Claims Act and trial advocacy at The Department of Justice’s National Advocacy Center, and has served as faculty for the National Institute for Trial Advocacy. He has also written and spoken on issues of fraud and compliance at programs hosted by the, AHLA-HCCA Fraud & Compliance Forum and the Pennsylvania Bar Institute. Mr. Joseph also serves on the AHLA’s Fraud and Abuse Enforcement Panel. As a member of AHLA’s Fraud and Abuse Enforcement Panel, Mr. Joseph has written on a number of topics including articles for the AHLA’s Journal of Health and Life Sciences Law concerning off label marketing issues and potential emerging defenses. While Mr. Joseph served as the Deputy Chief of Affirmative Litigation for the Eastern District of Pennsylvania’s Civil Division, in recognition of his ground-breaking and innovative work, he was tapped to serve on Main Justice’s National Fraud Working Group, which sets policy and conducts training for the Department’s nationwide efforts to fight corporate and national healthcare fraud.

Mr. Joseph spent twelve years as an Assistant United States Attorney in the Civil Division, including five years as the Deputy Chief of the Civil Division supervising all actions brought by the United States, including all cases and qui tam actions brought by the government under the False Claims Act. During his tenure in the Civil Division, Mr. Joseph recovered over $300 million in settlements and judgments in fraud cases spanning a variety of industries, with a focus on health care fraud and government contracting.

Mr. Joseph also served four years as a criminal prosecutor in the  Criminal Division’s Securities and Financial Fraud Unit where he investigated and prosecuted a variety of financial institution fraud cases and handled a number of complex jury trials. He began his legal career as a Trial Attorney in the Attorney General’s Honor Program in the U.S. Department of Justice’s Civil Fraud Section. Serving there from 1986 to 1989, he handled large white collar fraud matters in jurisdictions across the nation. As a Trial Attorney at Main Justice, Mr. Joseph personally handled fraud matters for a broad spectrum of federal agencies, most notably complex contractor fraud cases for the Department of Defense and NASA. In 2015, 2016, and 2017, Mr. Joseph was listed in Pennsylvania Super Lawyers/Philadelphia Magazine for Criminal Defense: White Collar, Business Litigation. For information about this selection and an overview of common third-party publications, rankings, and lists methodologies, click here.