Murad Hussain
Washington, DC Tel +1 202.942.6143
murad.hussain@arnoldporter.com vCard
Murad Hussain represents clients in all stages of criminal prosecutions, government-facing litigation, and related investigations. His practice focuses on defending and counseling life sciences innovators, healthcare providers, government contractors, and others in matters involving the False Claims Act (FCA), criminal fraud laws, the Anti-Kickback Statute (AKS), and the Foreign Agents Registration Act (FARA). He also advises clients on administrative and litigation challenges to Medicare regulatory actions and other agency decision-making. He has been recognized by the Legal 500 as a "Next Generation Partner" for healthcare and life sciences matters, by DC's Best Lawyers for FCA qui tam defense, and by DC's Super Lawyers as a "Rising Star." He serves on the firm's Pro Bono Committee, as the partner editor for the firm's Enforcement Edge blog, and as an Adjunct Professor of trial practice at the Georgetown University Law Center.
Mr. Hussain is an experienced advocate for both plaintiffs and defendants facing the US Department of Justice. Most recently, he led the team that brought former FBI Deputy Director Andrew McCabe's wrongful termination suit, defeated the government's summary judgment motion, and negotiated the settlement restoring Mr. McCabe's retirement status and benefits, with Attorney General Garland later telling Congress that DOJ settled "because of the likelihood of loss on the merits." Mr. Hussain also defended Dr. Salomon Melgen at trial against claims of bribing US Senator Robert Menendez, and successfully argued for acquitting both men of all charges involving First Amendment-protected political contributions—a ruling that, in The New York Times' words, "blew a hole" in the prosecution's case and led to the dismissal of all remaining charges.
Mr. Hussain served as a law clerk to the Honorable Ellen Segal Huvelle of the United States District Court for the District of Columbia. He earned his law degree from Yale Law School, where he received the Potter Stewart Prize for best moot court team and the President's Public Service Fellowship. Before law school, he worked as a creative executive at a Hollywood studio-based production company.
Life Sciences & Healthcare Regulatory
White Collar & Other Defense
Civil Rights & FOIA
Pharmaceutical innovators, in winning dismissal of two related False Claims Act qui tam suits concerning promotional activities. US ex rel. JKJ Partnership 2011, LLP v. Sanofi Aventis, U.S., LLC, et al., No. 3:11-CV-6476, 2021 WL 5002715 (D.N.J. Oct. 28, 2021); US ex rel. Dickson v. Bristol-Myers Squibb Co., et al., 332 F. Supp. 3d 927 (D.N.J. 2017).
National home health care provider, in negotiating a no-fault overpayment settlement with DOJ and securing the dismissal of five False Claims Act qui tam suits concerning laboratory and diagnostic testing.
Pharmaceutical innovator, in defending against a corporate relator's False Claims Act qui tam suit concerning nurse educator and reimbursement services. US ex rel. CIMZNHCA, LLC v. UCB, Inc., 970 F.3d 835 (7th Cir. 2020) (ordering dismissal over relator's objections).
Naval contractors, in defending against the federal government's False Claims Act suit, arguing for the FCA's non-extraterritoriality, and securing a no-fault dismissal.
Multiple cardiology and vascular surgery practices, in defending against False Claims Act investigations by various U.S. Attorney's Offices and negotiating no-fault settlements.
Federal procurement contractor, in winning dismissal of a False Claims Act qui tam suit alleging violations of the Trade Agreements Act. US ex rel. Berkowitz v. Automation Aids, Inc., No. 13-CV-8185, 2017 WL 1036575 (N.D. Ill. Mar. 16, 2017), aff'd, 896 F.3d 834 (7th Cir. 2018).
Radiation oncology practice, in winning dismissal of a False Claims Act qui tam suit alleging violations of Medicare requirements for supervision of medical procedures. US ex rel. Parker v. Space Coast Medical Associates, L.L.P., 94 F. Supp. 3d 1250 (M.D. Fla. 2015).
National hospital management company, in federal investigations, proceedings before the Judicial Panel on Multi-District Litigation, and multiple nationwide False Claims Act qui tam suits alleging medically unnecessary procedures and violations of the Stark Law and Anti-Kickback Statute.
Individual physicians, in criminal healthcare fraud investigations by US Attorney's Offices across the country.
Law firms, consulting firms, and nonprofits, in counseling on Foreign Agents Registration Act compliance and DOJ inquiries.
Dermatologic surgeon, in winning a complete acquittal after a 5-week federal criminal jury trial on charges of healthcare fraud and aggravated identity theft, and in securing the no-fault dismissal of a related False Claims Act qui tam suit.
Public figure, in a US Attorney's Office investigation of potential Foreign Agents Registration Act non-compliance; no charges or claims were ever brought.
Campaign contributor, in securing a mistrial after a 10-week criminal jury trial on bribery and related charges (where the jury deadlocked 10-2 for acquittal), and in successfully arguing for Rule 29 acquittal on all counts based on political contributions, leading to the dismissal of all remaining charges. US v. Menendez, et al., 291 F. Supp. 3d 606, 623-35 (D.N.J. 2018).
Advocacy organization, as a non-party witness in a suit against the government for unlawful disclosure of confidential tax information.
Ophthalmologist, in a 7-week criminal jury trial for healthcare fraud and its related appeal, and in successfully arguing for the dismissal of multiple charges on multiplicity grounds.
Indigent criminal defendants, in pro bono representations at trial and other proceedings in US Attorney's Office prosecutions for murder and other violent crime.
Grand jury witness, in a pro bono appeal challenging the use of search warrants to forcibly seize non-suspects' DNA samples.
Former FBI Deputy Director, in bringing his wrongful termination suit against DOJ and FBI under the First and Fifth Amendments, defeating the government's dispositive motion, compelling discovery, and securing a settlement restoring the client's retirement status and benefits. McCabe v. Barr, et al., 490 F. Supp. 3d 198 (D.D.C. 2020).
Advocacy organization, in bringing Freedom of Information Act litigation against DOJ and negotiating the release of documents sought.
Islamic society, in bringing federal suit against a local government under the Religious Land Use and Institutionalized Persons Act, alleging a discriminatory denial of a utilities permit; the permit was later granted pursuant to settlement.
Persons born in American Samoa, in bringing their federal lawsuit and appeal seeking recognition of their birthright citizenship under the Fourteenth Amendment.
Individual who converted to Islam, in prosecuting his Title VII workplace discrimination suit against a private employer and negotiating a pretrial settlement.
Former federal employee, in prosecuting his Rehabilitation Act workplace discrimination suit against the FAA and negotiating a pretrial settlement.
DOJ Charges Dual Citizen as Foreign Agent of Egypt
Enforcement Edge: Shining Light on Government Enforcement
View from the Courtroom: The Lieber Conviction and What It Means for DOJ's China Initiative
First-Time FARA Registrant? Here's Our Advice
DOJ Officials Shed Light on Ongoing FARA Enforcement
"Non-Traditional" Organizations Under the Microscope
Speaker, ACI FARA—Foreign Agents Registration Act Conference
Best Lawyers
Qui Tam Law (2021–2022)
The Legal 500 US
"Next Generation Partner"—Healthcare: Life Sciences (2020–2021)
Healthcare: Service Providers (2021)
Healthcare: Life Sciences (2021)
Washington, DC Super Lawyers
"Rising Star"—Criminal Defense: White Collar; Government Contracts; Health Care; Civil Litigation: Defense (2014–2017)
JD, Yale Law School
AB, Harvard College, magna cum laude
US Court of Appeals for the District of Columbia Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Eleventh Circuit
US District Court, District of Columbia
US District Court, Central District of California
Numerous Federal Courts
US District Court, District of Columbia, The Honorable Ellen Segal Huvelle
Overview Experience Perspectives Recognition Credentials