Verified profile

Kathleen Cooperstein

Special Counsel at Wiley Rein LLP

Kathleen Cooperstein's profile photo
LocationWashington D.C.District of Columbia, United States
Current roleSpecial CounselWiley Rein LLP · since Oct 2023
Government service5yrsU.S. Department of Justice (DOJ) · Court of Federal Claims

About

Kathleen represents corporations, directors, and other individuals in government investigations and white collar defense. Her experience includes matters involving internal investigations, the False Claims Act (FCA), Anti-Kickback Statute, and health care fraud in both criminal and civil matters. She supports her clients at every stage of litigation from grand jury proceedings to appeals to the U.S. Supreme Court.

Kathleen previously served as a trial attorney in the U.S. Department of Justice's Criminal Section Health Care Fraud Unit. In her capacity as a healthcare fraud prosecutor, Kathleen pursued fraud at all levels, including opioid distribution, kickback schemes, illegal patient recruiting, upcoding, double-billing, and psychotherapy scams. She also has investigated pharmaceutical schemes, such as rebate fraud, pharmacy shortage scams, and mail-order pharmacy fraud. This work required her to work with and gather information from PBMs and pharmacy wholesalers, giving her a unique insight into the workings of Medicare Part D and drug distribution in general.

Roles

Oct 2023–Present
Current role

Special Counsel

Wiley Rein LLP

Washington DC, District of Columbia

Healthcare & MedicalHealth Insurance AdministrationWhite Collar CrimeGovernment ContractsLitigation Support SpecialistLegal

Special Counsel consulting on matters relating to white collar investigations and litigation, with strong experience in health care and government contracting industries.

Oct 2019–Oct 2023
Former role

Trial Attorney

U.S. Department of Justice (DOJ), Criminal Division

(appointed)District of Columbia

AttorneyHealthcare & MedicalHealth LawLegal

Trial Attorney focusing on criminal healthcare fraud.

May 2018–Sep 2019
Former role

Associate

Arnold & Porter Kaye Scholer LLP

Washington DC, District of Columbia

White Collar CrimeLitigation Support Specialist

Litigation associate focusing on white collar defense matters.

Oct 2013–Jun 2018
Former role

Associate

Vinson & Elkins LLP

Washington DC, District of Columbia

White Collar CrimeGovernmentCriminal Investigation

Kathleen's principal area of practice is government investigations and white collar with a focus on white collar criminal defense and False Claims Act practice. She has significant experience in defending privilege disputes in the context of corporate internal investigations. Her work spans a broad range of industries, from healthcare to defense contracting, at every stage of litigation from grand jury proceedings to appeals to the Supreme Court.

Kathleen is also a founding member and a leading contributor to V&E's Lincoln's Law Blog, a publication dedicated to tracking False Claims Act developments in real time.

Aug 2012–Aug 2013
Former role

Law Clerk

Court of Federal Claims

(appointed)District of Columbia

Law Clerk

Served as judicial law clerk to the Honorable Charles Lettow, researching and drafting opinions, orders, and bench memoranda.

Representative matters

Experience

May 2025

Defended clients in civil and criminal matters with a focus on the False Claims Act and other fraud investigations/litigations. Litigated extensive attorney-client privilege issues in the context of corporate counsel conducting internal investigations. Conducted internal investigations to advise clients on potential civil and criminal liability, assist in mandatory disclosures, and negotiate resolutions with government parties.

Publications & speeches

As Health Care Enforcement Surges, Buckle Up for a Bumpy Ride

Wiley

April 2025

As the saying goes, the more things change, the more they stay the same – and the world of health care fraud enforcement is no exception. Recent years have seen a wave of novel technologies, emerging threats to our nation’s health, and a regulatory and statutory regime struggling to keep up. Yet at least one constant has been in the periphery of the health care industry without fail: the U.S. Department of Justice (DOJ). And, while recent actions by DOJ may lead some to believe there will be less health care fraud enforcement under the Trump Administration, that could not be further from the truth. If anything, health care fraud enforcement is likely to be invigorated while, at the same time, companies will have to navigate a much more uncertain regulatory landscape.

Link

Hot Fraud Summer: DOJ’s Latest Criminal Takedown

Wiley.law

June 2024

The U.S. Department of Justice (DOJ) Criminal Division’s Health Care Fraud Strike Force announced the results of its latest nationwide enforcement action on June 27, 2024, one year (almost to the day) since its last major takedown event. For those on the defense end of the health care fraud world, midsummer is becoming a time of high tension, as DOJ’s prosecutors race to the grand jury over the course of roughly a week so their indictments may be counted on this enforcement action scorecard. While other smaller takedowns may occur throughout the year (for example, the April 2023 Covid-19 enforcement action alleging $490 million in intended loss), the all-inclusive summer blockbuster is where the splashiest indictments can be found.

Link

Paris Olympics Signals DOJ Anti-Doping Enforcement in Process

Bloomberg Law

June 2024

Link

Bracing for Impact: Health Care in the Crosshairs Under the New Administration’s Enforcement Agenda

Wiley — Webinar

June 2025

With the health care industry increasingly in the government’s crosshairs, this webinar unpacks evolving enforcement priorities under the new Administration – from False Claims Act crackdowns to expanded oversight – and explores the strategies organizations need to be developing and implementing now to mitigate the new and heightened risks posed by the intensifying enforcement landscape. Join our panelists, who include former government oversight and enforcement officials and experienced practitioners, as they leverage their government connections and deep experience to provide insider insights on what the core legal and political risks impacting the health care industry are, how the government is likely to pursue its enforcement agenda, and what organizations can do now to prepare for and stay ahead of government scrutiny.

Link

Artificial Intelligence: A New Frontier of Healthcare

HCCA Healthcare Enforcement Compliance Conference — Arlington, VA

November 2024

Review current and anticipated state of AI technology, while highlighting where each area is vulnerable to enforcement (coding, record-keeping, etc) Learn where intent lies in an AI case, and how DOJ expects to prove scienter when humans have limited role (and where civil enforcement may expand) Identify best practices and proactive steps healthcare organizations can take to prevent AI from opening them up to liability

Link