Matthew D. Krueger
Partner
Matthew D. Krueger
Partner
Matt Krueger is a former U.S. Attorney and partner in the firm’s Government Enforcement Defense & Investigations practice. He helps companies and individuals navigate government enforcement and complex litigation challenges, including False Claims Act and white collar matters. Matt also assists companies in mitigating risk by advising on compliance programs and conducting sensitive internal investigations, working with clients in a range of industries, with a focus on the health care sector, cybersecurity, and data privacy matters.
Government Enforcement Defense and Investigations
Matt helps clients facing allegations of misconduct, conducting internal investigations, persuading the government not pursue charges, and, when necessary, mounting a forceful defense. Before joining Foley, Matt served as the U.S. Attorney for the Eastern District of Wisconsin after being recommended by a bipartisan nominating commission. Under his leadership, the office successfully prosecuted high-profile cases involving national security, cybercrime, public corruption, health care fraud, securities fraud, and other offenses. Matt also served as an Assistant U.S. Attorney and the Health Care Fraud Coordinator in both the civil and criminal divisions, specializing in False Claims Act and white collar matters.
Complex Litigation and Appeals
Matt offers first-chair trial and appellate counsel for clients facing high-stakes disputes. Matt draws on diverse experiences to devise create strategies to win cases. For example, Matt led the briefing and orally argued a precedent-setting constitutional challenge to the False Claims Act’s qui tam provisions. Before leading trials and appeals in the U.S. Attorney’s Office, clerked on the federal court of appeals and served as a Bristow Fellow in the Solicitor General’s Office, helping represent the United States before the Supreme Court. Matt co-leads Foley’s Regulatory Litigation group, helping clients challenge unlawful statutes, regulations, and other government actions.
Health Care and Life Sciences
Matt defends health care and life sciences companies in government investigation and enforcement actions, conducts sensitive internal investigations, and leads complex litigation matters. As a federal prosecutor and in private practice, Matt has handled civil and criminal health care cases on a range of issues and clients, including matters involving the False Claims Act, Stark Law, the Anti-Kickback Statute, the Controlled Substances Act, medical device makers, hospitals and physician groups, pharmacies, post-acute providers, and laboratories.
Cybersecurity and Data Privacy
Drawing on experience leading cybercrime prosecutions, Matt works closely with Foley’s cybersecurity and data privacy lawyers to investigate data incidents, respond to government inquiries, and litigate data privacy and security matters. Matt’s background also allows him to counsel clients on interacting with law enforcement and regulators to minimize risks.
Representative Experience
Government Enforcement Defense, Internal Investigations, and Compliance Advice
- Advised a publicly traded manufacturer in managing a crisis arising from a vendor’s illegal employment practices. Minimized risk by cooperating with law enforcement, unwinding the vendor agreement, and briefing the board.
- Defended the City of Milwaukee against a False Claims Act suit concerning the City’s administration of federal housing grants, winning complete dismissal of suit.
- Led a review of a publicly traded manufacturer’s corporate compliance program, conducted a risk assessment, and recommended continuous improvement steps.
- Represented a genetic testing laboratory in responding to a federal grand jury investigation, leading to no charges against the company.
- Represented a manufacturer in responding to claims by the U.S. Department of Energy that its products did not meet energy conservation standards and negotiated a favorable settlement.
Complex Litigation and Appeals
- Led the briefing and orally argued precedent-setting constitutional challenge to False Claims Act’s qui tam provisions (U.S. ex rel. Zafirov v. Florida Medical Associates, M.D. Fla.).
- Defended a leading children’s hospital in federal court against a civil rights suit, leading to a favorable settlement.
- Defended a major health care system against a municipality’s suit that asserted claims related to opioid-dispensing practices. Obtained dismissal of entire suit.
- Defended a construction company in bet-the-company suit by a multi-state pension fund, winning critical motions, and leading to a favorable settlement.
- As United States Attorney, personally briefed and argued a rare interlocutory appeal before the Seventh Circuit, challenging the district court’s exclusion of evidence before trial. Obtained reversal and remand.
Health Care and Life Sciences
- Led a multi-state coalition of hospice associations in challenging CMS’s Hospice Special Focus Program regulation, leading to CMS suspending the program (Texas Association for Home Care & Hospice v. Becerra, S.D. Tex.)
- Defended a major health care system in responding to False Claims Act investigation regarding physical and occupational therapy billing. Obtained complete declination by DOJ.
- Led multiple internal investigations for major health care systems concerning allegations of serious misconduct by physicians.
- Defended group of skilled nursing facilities in responding to False Claims Act investigation regarding eligibility for government loans. Obtained complete declination by DOJ.
- Obtained dismissal of citations and favorable settlement of civil monetary penalties assessed by HHS against a skilled nursing facility.
Cybersecurity and Data Privacy
- Led an internal investigation for a financial services company regarding a data privacy incident. Determined grounds to avoid regulatory exposure and remedial steps to avoid the issue recurring.
- Advised a manufacturing company in responding to a ransomware attack, including ways to maintain attorney-client privilege over the investigation and interact with law enforcement.
- Advised substance use disorder provider in ensuring compliance with data privacy laws in responding to state attorney general investigations.
- Served as counsel to a trade association’s cybersecurity committee.
Clerkship and Other Experience
- Bristow Fellow, Office of the Solicitor General, U.S. Department of Justice
- Law clerk, Honorable Paul V. Niemeyer, U.S. Court of Appeals for the Fourth Circuit
Affiliations
- Thomas E. Fairchild American Inn of Courts
- Eastern District of Wisconsin Bar Association
- American Health Law Association
- National Association of Former U.S. Attorneys
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