Jason Ohta is a seasoned trial lawyer and advocate who brings decades of experience from both the private and public sectors. Jason's practice includes defending healthcare systems and their key personnel from whistleblower qui tam actions under the False Claims Act, and civil and criminal enforcement actions based on the Anti-Kickback Statute and other provisions.

 

Jasonis an accomplished trial lawyer, having tried 17 cases as a federal prosecutor and in private practice. He has conducted internal investigations and represented companies, boards of directors, and individuals in connection with trials, ancillary proceedings, and government investigations involving a wide array of criminal, quasi-criminal, and regulatory matters, including:

  • Health care fraud and abuse
  • Securities fraud
  • Accounting fraud
  • Foreign corrupt practices

Prior to joining the firm, Jason was an assistant United States attorney in the Southern District of California. His experience included:

  • Successfully prosecuted numerous cases to trial involving healthcare fraud, money laundering, drug trafficking, alien smuggling, and other immigration violations
  • Successfully briefed numerous appeals and argued before the Ninth Circuit Court of Appeals

Jason served as a judicial law clerk for Judge Thomas J. Whelan of the US District Court for the Southern District of California.

Jason also previously served as an adjunct professor at the University of San Diego School of Law teaching litigation skills.

Jason'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

Bar Qualification

  • California

Education

  • JD, University of San Diego School of Law, 2000
  • BA, University of California, Los Angeles, 1997