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David A. O'Neal

david a. o'neal

Partner

Atlanta

doneal@phrd.com

t: (404) 880-4755

f: (404) 522-8409

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  • overview
  • experience
  • thought leadership

overview

David O'Neal is a former federal prosecutor, who defends companies and individuals in high-stakes federal investigations, False Claims Act litigation against the government and whistleblowers, and complex civil litigation. He is one of the few defense attorneys in the nation that has prosecuted criminal fraud cases and pursued civil False Claims Act investigations and litigation on behalf of the United States. He also has deep experience related to enforcement under the Controlled Substances Act (CSA), the Food, Drug & Cosmetic Act (FD&C Act), and state regulations related to the dispensing and diversion of narcotics and other dangerous drugs. This experience allows David to provide careful, thoughtful advice to clients facing their most difficult challenges.

Over more than a decade as an Assistant U.S. Attorney, David developed a strong reputation for handling some of the most important fraud matters in the country, with an emphasis on healthcare fraud matters. As a criminal prosecutor and trial lawyer, he handled a wide variety of significant and high profile criminal fraud cases, including matters involving healthcare fraud, the Anti-Kickback Statute, mortgage fraud, investment fraud, and money laundering. David also served as the Opioid Coordinator for the U.S. Attorney's Office and investigated and convicted doctors and pharmacists for criminal dispensing of dangerous opioid drugs.

David's criminal prosecution experience came on the heels of his years in the Civil Division, where he investigated and litigated False Claims Act cases against healthcare providers, pharmacies, banks, and others, recovering hundreds of millions of dollars for taxpayers. He was also responsible for some of the largest recoveries in the DOJ’s history under the civil penalty provisions of the Controlled Substances Act. Prior to his government service, David practiced at an AmLaw 50 firm where he represented corporations and executives in high stakes securities fraud class actions and other shareholder litigation, SEC investigations, and False Claims Act litigation.

David currently serves as a member of the State Bar of Georgia's Disciplinary Rules and Procedures Committee, which considers all procedural and substantive disciplinary rules affecting lawyers barred in Georgia.

experience

  • Represented one of the country’s largest postsecondary education providers in False Claims Act litigation.*
  • Prosecuted former Georgia insurance commissioner for health care fraud conspiracy and money laundering conspiracy.*
  • Prosecuted individuals who bought and sold fraudulent doctors’ orders to durable medical equipment (“DME”) providers.*
  • Prosecuted Atlanta DME company owner responsible for more than $20 million in fraudulent Medicare claims.*
  • Prosecuted Mississippi DME company owner responsible for over $4.5 million in fraudulent claims to Medicare.*
  • Successfully resolved False Claims Act case involving an electronic health records software company whose platform caused the submission of false claims.*
  • Successfully resolved False Claims Act case involving a South Carolina hospital for false claims related to radiation oncology and emergency department services.*
  • Successfully investigated and litigated False Claims Act case against ophthalmologist who submitted false claims for medically unnecessary cataract surgeries and falsely diagnosing patients with glaucoma to justify unnecessary diagnostic testing.*
  • Successfully resolved False Claims Act and Controlled Substances Act civil penalty case involving a large pharmacy for abusing emergency prescription regulations in order to illegally dispense controlled substances at long-term care facilities.*
  • Successfully resolved False Claims Act case involving a skilled nursing facility for submitting false claims for medically unnecessary therapy services.*
  • Successfully resolved False Claims Act case involving an Atlanta dentist who submitted false claims to Medicaid for medically unnecessary tooth extraction procedures.*
  • Litigated Food Drug & Cosmetics Act case against dietary supplement manufacturer for sale of adulterated products containing DMAA. Obtained summary judgment and prevailed on appeal.*
  • Successfully resolved False Claims Act case involving a large bank for falsely certifying that it had complied with underwriting and quality control requirements in originating FHA loans during the financial crisis.*
more
  • Successfully resolved False Claims Act case involving multiple municipal workforce development agencies based upon abuse of Department of Labor on-the-job training grant funds.*
  • Prosecuted former physician’s assistant charged with health care fraud, aggravated identity theft, and unlawful distribution of controlled substances for posing as a licensed professional and rendering care to patients at a local medical practice.*
  • Prosecuted twelve individuals involved in large mortgage fraud and wire fraud conspiracy, resulting in eleven guilty pleas and one conviction at trial.*
  • Prosecuted thirteen defendants, including a doctor and two pharmacists, who illegally distributed controlled substances in an Atlanta-area pill mill operation.*
  • Prosecuted former office manager of Atlanta company who embezzled more than $8.5 million.*
  • Prosecuted North-Georgia drug trafficker who distributed fentanyl resulting in an overdose death.*
  • Litigated lengthy evidentiary hearing in habeas case filed by individual sentenced to 30 years in prison for a large fraud scheme and argued case on appeal, which resulted in a published Eleventh Circuit decision.*

* Denotes experience prior to joining Parker Hudson.

thought leadership

  • Featured, "DOJ Puts New Target On Medicare Advantage 'Steering'," Law360 Healthcare Authority (May 13, 2025)
  • Panelist, "Enforcement Panel," Georgia Academy of Healthcare Attorneys (GAHA) 2025 Annual Meeting and Health Law Update, Georgia Hospital Association (May 9, 2025)
  • Co-Presenter, "The Promise and Peril of Telehealth: Practice, Reimbursement, and Government Enforcement," American Health Law Association (AHLA) 2025 Telemedicine: Legal and Compliance Issues Conference (March 11, 2025)
  • Co-Presenter, "When the Feds Come Knocking What Physician Practices Need to Know," (February 4, 2025)
  • Client Alert, Sweeping Changes Proposed to the HIPAA Security Rule (January 22, 2025)
  • Presenter, "Cybersecurity Enforcement and Compliance," Health Care Compliance Association (HCCA) Orlando Regional Conference (January 31, 2025)
  • Co-Presenter, "Enforcement Updates," Health Care Compliance Association (HCCA) Atlanta Regional Conference (January 23, 2025)
  • Presenter, "Cybersecurity Law: Highlights and Headlines CLE," Atlanta Bar Association’s Privacy & Cybersecurity Law Section (November 6, 2024)
  • Co-Author, "Three Years of the DOJ’s Civil Cyber-Fraud Initiative: Examining the Government’s Lawsuit Against Georgia Tech and its Implications for the Health Care Industry," American Health Law Association’s Fraud and Abuse Practice Group Briefing (October 31, 2024)
  • Client Alert, Federal Court Rules Whistleblower Provision of False Claims Act is Unconstitutional (October 14, 2024)
  • Client Alert, Beware of Whistleblower Provisions: Recent Legal Actions Highlight Risks in Employment and Separation Agreements (September 18, 2024)

areas of focus

  • Appellate Litigation
  • Business Torts & Unfair Competition
  • Commercial Disputes
  • Corporate Investigations
  • Financial Services
  • Healthcare
  • Healthcare Litigation
  • Securities Litigation & Arbitration
  • White Collar Criminal Defense

education

  • University of Mississippi School of Law (J.D., summa cum laude, 2007); Mississippi Law Journal, Executive Notes and Comments Editor (2007)
  • University of Georgia (B.A., magna cum laude, 2003)

accolades

  • National Health Care Anti-Fraud Association (NHCAA) Investigation of the Year Award - Honorable Mention (2024)
  • U.S. Attorney's Award - Superior Performance in Prosecution (2024)

professional affiliations

  • State Bar of Georgia: Disciplinary Rules & Procedures Committee

admitted to practice

  • Georgia
  • Georgia Court of Appeals
  • Georgia Supreme Court
  • United States District Court for the Northern District of Georgia
  • United States Court of Appeals for the Eleventh Circuit

clerkship

  • The Honorable Rhesa Hawkins Barksdale, United States Court of Appeals for the Fifth Circuit, Jackson, Mississippi (2007-2008)

news & insights

view all news

David O’Neal Quoted in Law360 Article on Significant Department of Justice (DOJ) Action Targeting Medicare Advantage Steering


May 14, 2025

David O’Neal to Speak at the Georgia Hospital Association 2025 GAHA Annual Meeting & Health Law Update


Apr 29, 2025

David O’Neal to Speak at the American Health Law Association 2025 Telemedicine: Legal and Compliance Issues Conference


Mar 06, 2025
more

Sweeping Changes Proposed to the HIPAA Security Rule


Jan 22, 2025

David O’Neal to Speak at the 2025 HCCA Orlando Regional Healthcare Compliance Conference


Jan 14, 2025

David O’Neal to Speak at the 2025 HCCA Atlanta Regional Healthcare Compliance Conference


Jan 10, 2025
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