Franklin Monsour is a former federal prosecutor for the Southern District of Florida, in Miami, where he was lead counsel in negotiating more than US$100 million in False Claims Act, healthcare fraud and civil penalty settlements for the US, and prosecuted numerous criminal cases. Franklin has successfully tried both criminal and civil cases to verdict, including a five-week criminal jury trial in a more than US$30 million healthcare fraud and money laundering prosecution. Drawing on this experience, Franklin focuses his practice on representing corporations and individuals under investigation by the Department of Justice (DOJ), States’ Attorneys General and regulating agencies.
Franklin represents clients in False Claims Act, healthcare-related investigations, federal agency actions, including by the Securities and Exchange Committee (SEC), and criminal prosecutions. His criminal defense representations often involve allegations of healthcare fraud, securities and banking-related violations, Foreign Corrupt Practices Act (FCPA) violations and money laundering.
His successful defense of clients facing government action benefits substantially from his prior service as a federal prosecutor for the US Attorney’s Office for the Southern District of Florida, in Miami (the third largest in the country). In more than six years as an Assistant US Attorney, Franklin led numerous large, complex investigations and prosecutions. In a regulatory drug diversion case against one of the country’s largest pharmacy chains, Franklin negotiated the then largest civil penalty ever recovered by the Drug Enforcement Administration (DEA) – US$80 million. That case developed the template for similar DEA regulatory actions against drug distribution centers that are alleged to distribute suspiciously large amounts of prescription narcotics to retail pharmacies.
Franklin also prosecuted numerous parallel civil/criminal healthcare fraud cases, including negotiating a record US$17 million settlement of federal kickback allegations against a chain of skilled nursing facilities in South Florida.
In addition, Franklin prosecuted numerous criminal cases involving fraud, money laundering, narcotics and violent crimes. He has successfully tried more than 10 federal trials to verdict, and argued appeals before the Second, Sixth and Eleventh Circuit Courts of Appeals. Of note, he was co-lead counsel in a five-week federal trial, convicting a pharmacist and a co-conspirator of conspiracy to commit healthcare fraud, pay kickbacks and money laundering. That case is still the largest compounding pharmacy fraud case to go to trial, involving a vast scheme with numerous co-conspirators to bill well over US$30 million to the US military’s health insurance program.
Franklin has received numerous awards for his work, including from the DOJ, commendations by the DEA and DCIS, and the Patriotic Service Medal by the US Army.
Prior to entering the public sector, Franklin worked for AmLaw 100 global firms, focusing on complex commercial and international litigation, including matters involving the Anti-Terrorism Act and the Alien Tort Statute. Prior to that, he spent two years as a law clerk with the US Court of Appeals for the Second Circuit.