Marcos E. Hasbun

Partner

Office
Tampa
Tel.
813.321.8220
Fax.
813.223.7961
Others
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Marcos E. Hasbun focuses his practice on white collar criminal defense and complex commercial litigation.

In his white collar defense practice, Marcos represents individuals and companies in investigations into allegations of fraud, public corruption, and criminal environmental matters.


Marcos also represents individuals and entities when government investigations escalate into criminal charges, or results in a civil suit filed by, or on behalf of, the government.

In the criminal arena, Marcos 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. Marcos is also a federal mediator.

Throughout his career, Marcos 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.


Education
  • Georgetown University Law Center, J.D., cum laude, 1998
     
  • Georgetown University, B.S., magna cum laude, 1995 
Languages
  • Spanish
  • French
Bar admissions
  • Florida
  • District of Columbia
Court admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
Professional leadership
  • Member, American Bar Association Criminal Justice Section, 2018
  • Member, American Bar Association Task Force on College Due Process Rights and Victim Protections, 2017
  • 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, 2003-2015
  • Member, National Association of Criminal Defense Lawyers, 2003-present
  • Member, Hillsborough Bar Association, 2006-present
  • Member, Federal Bar Association, 2007-present
  • Member, American Bar Association, 2007-present
  • Member, American Bar Association Young Lawyers Subcommittee for White Collar Crime, 2008
  • Member, American Bar Association Florida Regional Subcommittee for White Collar Crime, 2008
  • Criminal Justice Act Panel, Middle District of Florida, 2009-present
Community involvement
  • Board Member Pinellas Association for Retarded Children, 2007-2016 (Chairman of the Board 2015)
  • Board Member, Manasota Association for Retarded Children, 2009-2016
  • Georgetown Alumni Club of Tampa (President, 2003-2007)‎

Representative matters
  • Represents a home health agency in connection with a False Claims Act civil investigation relating to allegations of over-utilization and alleged violations of the Stark and Anti-Kickback Statutes.
  • Represents a pharmacy in connection with a False Claims Act investigation and a DEA audit relating to opioid prescriptions.
  • Represents an animal rights organization in Endangered Species Act citizen-suits to protect endangered and threatened species in custody of roadside zoos.
  • Defended an executive and former general counsel of a major public health care insurance company in connection with federal health care fraud charges. The indictment involved 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) alleged fraud, false filings, and related violations of the Securities Act.
  • Represented a former executive of a health care company in connection with an ongoing civil investigation.
  • Represented a home health agency executive in a criminal investigation.
  • Represented an individual in a Lacey Act investigation.
  • Represented a home health agency in a False Claims Act suit alleging fraudulent billing.
  • Represented a pharmacy in a civil investigation relating to compounded pharmaceuticals.
  • Represented a company in a criminal export control investigation and negotiated and obtained a non-prosecution agreement.
  • 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.
  • Represented a government contractor who received a target letter in connection with a criminal procurement fraud investigation relating to veteran-owned set-aside contracts and performed  a counter-investigation that persuaded the government to decline filing criminal charges.
  • 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.
  • Represented a government contractor in, and obtained global resolution of, criminal, civil and administrative investigations relating to work performed for the military in Afghanistan.
  • 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 an officer of a medical device company in a False Claims Act suit involving allegedly improper referrals and convinced the relator and the United States to voluntarily dismiss the officer from the lawsuit.
  • Represented a publicly traded company in a tortious interference lawsuit and obtained fees and costs in the defense.
  • Represented an individual charged with theft and negotiated dismissal of charges.
  • Represented a physician in a civil investigation related to allegedly improper referrals.
  • Represented a former executive in connection with multiple civil lawsuits and trustee bankruptcy claims of breach of fiduciary duty.
  • Represented an individual in a criminal kickback investigation relating to contracts in Afghanistan.
  • Represented a pharmacy and pharmacist in connection with a Florida Department of Health administrative action relating to sterile compounding.
  • Represented the former officers of a failed bank in a civil 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 who received a target letter in connection with an alleged federal environmental offense. The investigation concluded with no charges being filed and entry into a pre-trial diversion agreement.
  • Represented an individual targeted 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. Obtained 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. 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.
  • 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. Obtained a dismissal after filing a motion to dismiss.
  • Represented a pharmacy in connection with efforts to terminate the pharmacy’s Medicaid contract. After filing a federal lawsuit, the Agency for Health Care Administration withdrew 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.
  • 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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Marcos Hasbun_bio

Marcos E. Hasbun

Partner

Office
Tampa
Tel.
813.321.8220
Fax.
813.223.7961
Others
Send an Email
vCard
LinkedIn