Kevin J. Darken

Kevin Darken is a seasoned federal litigator and trial lawyer with more than 30 years of experience handling white collar criminal defense, False Claims Act (FCA) litigation, and health care fraud cases. A former Assistant U.S. Attorney and trusted advocate in high-stakes federal matters, Kevin represents individuals, whistleblowers, physicians, executives, and companies facing complex civil and criminal investigations.

In private practice, Kevin has defended clients in white collar investigations, federal criminal trials, False Claims Act defense and whistleblower litigation, and post-conviction matters, including appeals and habeas corpus petitions. He has served as sentencing counsel, litigated motions to dismiss and for summary judgment, and handled federal criminal appeals and 2255 petitions.

Kevin’s False Claims Act work spans both plaintiff (whistleblower) and defense roles. He represented lead relators in two of the nation’s largest FCA settlements: WellCare ($217.5 million) and Shire Pharmaceuticals ($350 million). He has also defended physicians, pharmacies, insurance companies, and ambulance companies in FCA cases.

In addition to his white collar and FCA practice, Kevin has experience handling complex civil litigation, including RICO claims, contract disputes, non-compete and employment litigation, civil rights claims, and attorney fee disputes.

Representative Matters

• Tried over 30 criminal and civil jury trials across roles as prosecutor, defense counsel, plaintiff’s attorney, and defense lawyer, demonstrating versatile trial experience in both federal and state courts.
• Defended individuals and businesses in high-stakes white collar criminal cases, including matters involving health care fraud, antitrust violations, government contract fraud, environmental crimes, tax offenses, and unlawful prescription or dispensing of controlled substances.
• Litigated False Claims Act (FCA) cases on behalf of both whistleblowers (relators) and defendants, including in both intervened and non-intervened matters.
• Handled civil litigation involving charging liens, contract disputes, and court-appointed receiverships, providing strategic counsel from pre-suit through trial.
• Drafted and argued criminal and civil appeals in state and federal appellate courts, including post-conviction relief petitions and sentencing challenges.
• Advised and litigated on behalf of hospital Medical Executive Committee in hospital staff privilege cases, protecting institutional rights and upholding standards of care.
• Successfully defended a former federal Bureau of Prisons physician in a federal constitutional tort (Bivens) action alleging Fifth and Eighth Amendment violations. After assuming the representation shortly before trial, obtained judgment on the pleadings and successfully defended the result before the U.S. Court of Appeals for the Eleventh Circuit, which affirmed the dismissal in a published opinion following oral argument.

Education

• Yale University, B.A. – 1982
  • Magna Cum Laude
  • Honors in both history and political science
• Harvard Law School, J.D. – 1986
  • Cum Laude

Admissions

• Florida – 1996
  • Middle District, Southern District, Northern District
  • Eleventh Circuit Court of Appeals
• Massachusetts & District of Columbia – 1986

Professional Associations & Memberships

• Assistant United States Attorney (1991-1997)
  • Major Crimes Section
  • Economic Crimes Section
• Health Care Fraud Coordinator
• Member of Department of Justice National Health Care Fraud Working Group

Awards & Recognitions

• Best Lawyers® – 2009 – Present
• Best Lawyers® 2009 -Present – White Collar Criminal Defense

Personal

Kevin is a swimmer who competes annually in the Florida Senior Games.  He lives in Wesley Chapel with his wife Terry and his two adult sons Chris and Conor who are on the autism spectrum.  His daughter Colleen is an Assistant Public Defender in Tampa.