Jason M. Ohta

Mr. Ohta’s experience includes representing:

Government Investigations

• A regional healthcare system against criminal federal Anti-Kickback Statute violations. No charges filed.
• A community hospital against federal Anti-Kickback Statute and Stark Law violations resulting in a declination to intervene.
• A private-equity backed national provider of female contraceptive products against allegations of fraud by the California Department of Insurance and the California Department of Justice.
• A regional healthcare system against violations of the federal Anti-Kickback Statute involving its sleep center division resulting in a declination to intervene.
• A private-equity backed national mobile healthcare provider against violations of the federal Anti-Kickback Statute resulting in the federal DOJ declining to intervene.
• A public medical device company against violations of the federal Anti-Kickback Statute resulting in a declination to intervene.
• Individual executive against criminal kickback and off-label promotion investigation. No charges filed.

Internal Investigations

• A nationwide hospital system and healthcare management company in connection with a series of internal investigations of individual and corporate compliance with policies and federal regulations.
• A medical device company in connection with an internal investigation into FDA compliance issues.
• A regional healthcare system in connection with an internal investigation regarding compliance of its Ambulatory Surgery Centers.
• A regional healthcare system in connection with an internal investigation regarding compliance with its Medical Directorship agreements.

Other Significant Matters

• An individual against federal criminal conspiracy and wire fraud charges involving the Security and Exchange Commission and Public Company Accounting Oversight Board.
• Public utility company against federal criminal violations of the Clean Air Act and false statements. After extensive litigation and a six-week trial, the government dismissed all charges against the company.
• Technology supply company in a complex arbitration, involving several nationally prominent law firms, regarding control and ownership of a large, privately-held financial services firm. After three days of trial, the matter settled favorably for the client.
• Public company in connection with alleged violations of the Foreign Corrupt Practices Act. No charges filed.

Diligence

• Buyers, sellers, and underwriters in diligence for transactions, including initial public offerings, involving healthcare and life sciences companies.

Thought Leadership

• Co-author, “Government Gatekeeper? DOJ Memo Encourages Dismissal of Meritless False Claims Act Cases, Latham & Watkins Client Alert, February 2018
• Co-author, “Violations of Conditions of Payment and Participation as Predicates for False Claims,” ABA’s Health Law Litigation, Spring/Summer 2011
• Co-author, “Test Methods Matter: Representative Sampling and Clean Air Act Test Methods Can Survive EPA’s Credible Evidence Rule,” 25 (University of Oregon’s) Journal of Environmental Law and Litigation 37, 2010

Community Involvement

• Executive Committee Member, University of San Diego School of Law Alumni Board
• Judicial Endorsement Committee Member, California Asian Pacific American Bar Association (Cal-APABA)
• Judicial Elections Evaluation Committee Member, San Diego County Bar Association
• Past co-chair, San Diego County Bar Association, Law & Medicine Section