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Education

Georgetown University Law Center, J.D., cum laude, 1998

Georgetown University, B.S., magna cum laude, 1995 

Languages

  • Spanish
  • French
Photo of Marcos E. Hasbun

Marcos E. Hasbun

Overview
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Recognized since 2010 by The Best Lawyers in America and named a “Rising Star” by Law360 in 2012, Marcos E. Hasbun focuses his practice on white collar criminal defense matters and complex civil litigation. He has significant experience representing health care providers, government contractors, companies, and individuals in connection with both civil and criminal government investigations, including investigations conducted by the Federal Bureau of Investigation (FBI), U.S. Department of Health and Human Services (HHS) Office of Inspector General, the Internal Revenue Service (IRS), and the Federal Deposit Insurance Corporation (FDIC). He has likewise represented individuals and entities in the event a government investigation escalates into criminal charges, or results in a civil suit filed by, or on behalf of, the government.

In the criminal arena, Mr. Hasbun has defended individuals against allegations of health care fraud, government contracting fraud, tax fraud, bank fraud, criminal environmental matters, and public corruption. In the civil arena, his representations have included defending individuals and entities against allegations that they violated the False Claims Act, as well as litigating general commercial disputes. Mr. Hasbun is also a federal mediator.

Throughout his career, Mr. Hasbun has devoted substantial time to representing indigent defendants in pro bono matters. He has represented individuals who have challenged the severity of their sentences on appeal, who were charged with drug trafficking and firearm offenses, and who sought to obtain post-conviction DNA testing.

Professional Highlights

  • Mr. Hasbun represented a laboratory in connection with alleged violations of the federal Anti-Kickback Statute, and achieved a global resolution for the laboratory that resolved a False Claims Act suit, a parallel federal criminal investigation, and related administrative issues.
  • Mr. Hasbun represented a medical device company and its principal in a federal False Claims Act suit filed by a qui tam relator. A former independent sales representative had alleged that the company fraudulently promoted the sale of a spinal decompression device, resulting in physicians submitting false claims for payment. The court dismissed the suit with prejudice.
  • Mr. Hasbun represented a pharmaceutical company alleged to have violated the False Claims Act by purportedly engaging in off-label marketing. We were able to obtain a dismissal after a motion to dismiss. The decision was upheld on appeal before the U.S. Court of Appeals, Eleventh Circuit, and the U.S. Supreme Court denied the whistleblower’s request for certiorari review.
  • Zuckerman Spaeder is defending an executive and former general counsel of a major public health care insurance company in connection with federal health care fraud charges. The indictment involves complex legal and accounting issues regarding the Florida Medicaid behavioral health care program. A related civil suit filed by the U.S. Securities and Exchange Commission (SEC) alleges fraud, false filings, and related violations of the Securities Act.
  • Currently represents a company in a criminal export control investigation.
  • Currently represents a former executive of a health care company in connection with an ongoing criminal and civil investigation.
  • Currently represents a pharmacist in connection with an ongoing criminal investigation.
  • Currently represents an individual in a tax fraud investigation.
  • Represented the former officers of a failed bank in a civil Federal Deposit Insurance Corporation (FDIC) investigation and parallel criminal investigation. These investigations focused on the circumstances surrounding bank failures in the wake of the downturn in the real estate market, in particular the bank’s lending practices and the standard of care exercised by the firm’s clients.
  • Represented a government defense contractor in a False Claims Act suit in which a whistleblower claimed more than a billion dollars in damages on behalf of the United States. The claims were dismissed.
  • Represented an individual in connection with an alleged federal environmental offense.
  • Represented an individual in a health care fraud criminal investigation relating to alleged misstatements made to state Medicaid officials regarding licensing required to operate home health agencies. The investigation concluded with no charges being filed against the firm’s client.
  • Represented a former director of a failed bank in an FDIC investigation.
  • Represented a medical device company in a False Claims Act suit involving allegations of kickbacks to health care providers. Our attorneys were able to obtain the voluntary dismissal of the firm’s client from the suit early in the litigation.
  • Represented an individual accused of bank fraud and multiple counts of aggravated identity theft and mail theft in a federal criminal prosecution.
  • Represented Costa Rican companies named as defendants in a federal civil RICO case. The firm obtained the companies’ dismissal from the suit on jurisdictional grounds.
  • Represented a former “Big Five” accountant in connection with a four-year joint FBI and IRS criminal investigation. Despite the IRS having authorized the filing of three separate felony charges, the Zuckerman Spaeder team negotiated a misdemeanor disposition that resulted in no jail-time.
  • Represented the former CEO of a nonprofit organization in a three-week federal public corruption trial involving allegations of bribery, gratuity, wire fraud, conspiracy, and embezzlement.
  • Represented an individual accused of selling abusive tax shelters and convinced the government not to criminally charge the firm’s client.
  • Zuckerman Spaeder defended a major Washington, DC law firm in a $100 million federal legal malpractice suit. The plaintiff alleged that the firm misread Federal Communications Commission (FCC) licensing requirements when drafting an option agreement related to the purchase of a television broadcast company. A federal judge granted summary judgment in favor of the firm’s client.
  • Represented a pharmacy accused of violating the Federal Anti-Kickback Statute, which in ‎turn allegedly resulted in the submission of false claims for reimbursement to the federal government, in purported violation of the False Claims Act. The firm obtained a dismissal after filing a motion to dismiss.
  • Represented a pharmaceutical company alleged to have violated the False Claims Act by purportedly engaging in off-label marketing. Our attorneys obtained a dismissal after filing a motion to dismiss. The decision was upheld on appeal before the U.S. Court of Appeals for the Eleventh Circuit, and the U.S. Supreme Court denied the whistleblower’s request for certiorari review.
  • Represented a pharmacy in connection with efforts to terminate the pharmacy’s Medicaid contract. After filing a federal lawsuit, the firm convinced the Agency for Health Care Administration to withdraw its termination notice.
  • Represented a physician sued by a private insurance company for civil fraud and theft in connection with the alleged submission of fraudulent claims.
  • The firm represented a medical device company and its principal in a federal False Claims Act suit filed by a qui tam relator. A former independent sales representative had alleged that the company fraudulently promoted the sale of a spinal decompression device, resulting in physicians submitting false claims for payment. The court dismissed the suit with prejudice.
  • Represented a laboratory in connection with alleged violations of the federal Anti-Kickback Statute, and achieved a global resolution for the laboratory that resolved a False Claims Act suit, a parallel federal criminal investigation, and related administrative issues.
  • Obtained a defense verdict for a company against a multimillion-dollar arbitration claim.
  • Represented an online auction company in an action pending in federal court in Florida and California arising out of alleged deceptive and unfair trade practices.

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Professional Affiliations

  • Co-Chair, Florida Region Subcommittee, American Bar Association Criminal Justice Section White Collar Crime Committee, 2010
  • Florida Bar Grievance Committee for the 13th Judicial Circuit (Chairman, 2006; Member, 2003-2005)
  • Member, Herbert G. Goldburg Criminal Law American Inns of Court, 2003-present
  • Member, National Association of Criminal Defense Lawyers, 2003-present
  • Member, Hispanic Bar Association, 2007-present
  • Member, St. Petersburg Bar Association, 2007-present
  • Member, Hillsborough Bar Association, 2006-present
  • Member, Federal Bar Association, 2007-present
  • Member, American Bar Association, 2007-present
  • Member, American Bar Association’s Young Lawyers Subcommittee for White Collar Crime, 2008-present
  • Member, American Bar Association’s Florida Regional Subcommittee for White Collar Crime, 2008-present
  • Criminal Justice Act Panel, Middle District of Florida, 2009-present

Community Involvement

  • Board Member, Pinellas Association for Retarded Children, 2007-present
  • Board Member, Manasota Association for Retarded Children, 2009-present
  • Georgetown Alumni Club of Tampa (President, 2003-2007; Secretary, 2007-present)‎

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