Areas of Practice
Harold Malkin has an active litigation practice and is Chair of the Firm’s Investigations and Regulatory Compliance Team. Prior to joining Lane Powell, Harold served more than 20 years at the U.S. Department of Justice (DOJ), most recently as the Deputy Civil Chief and Chief of the Affirmative Civil Enforcement Unit of the U.S. Attorney’s Office in Seattle.
Harold has led and successfully resolved numerous multi-million dollar civil and parallel civil/criminal investigations of government program and procurement fraud under the False Claims Act and its qui tam (whistleblower) provisions. He possesses in-depth knowledge related to Medicare and Medicaid fraud by institutional and individual providers of all types; defense procurement fraud; schemes to obtain government contracts and grants set aside for small and minority-owned businesses and other targeted recipients; and schemes to evade export/import duties.
Harold has also handled numerous civil penalty matters involving drug diversion and other violations of the Controlled Substances Act by physicians, pharmacies, hospitals and other Drug Enforcement Administration registrants. In addition, he frequently defends corporations facing enforcement actions brought by the Washington State Attorney General’s Office under the Consumer Protection Act.
Harold interrupted his 15 year tenure with the U.S. Attorney’s Office in 2001-2007 to serve as a partner at a top-tier Seattle litigation firm, where he conducted internal corporate investigations and defended individuals and companies under civil and criminal investigation by state and federal authorities. He also served six years as a Trial Attorney in the Civil Fraud Section of the Civil Division of DOJ in Washington, D.C.
- U.S. Attorney’s Office, Western District of Washington
- Deputy Chief, Civil Division/Chief, Affirmative Civil Enforcement (ACE) Unit (2008-2016)
- Assistant U.S. Attorney (1994-2001)
- Yarmuth Wilsdon Calfo, PLLC, Partner (2001-2007)
- U.S. Department of Justice, Commercial Litigation Branch, Civil Fraud Section, Trial Attorney (1988-1994)
- Seventh Circuit Court of Appeals, Law Clerk to the Honorable Joel M. Flaum (1987-1988)
Admitted to Practice
- Illinois (Inactive)
- New York (Inactive)
- Northwestern University of Law (J.D., 1986)
- Hamilton College (B.A., magna cum laude, Government, 1983)
Practice Group and Specialty Team Memberships
- Chair, Investigations and Regulatory Compliance
- Government and Regulatory Relations
- Securities Litigation
- Senior Living and Long Term Care Client Team
- “Amid Deep Cuts Across HHS, Trump’s Budget Maintains Focus on Healthcare Fraud Enforcement,” FierceHealthcare, Quoted (March 21, 2017)
- “Bizarre Bid To Sell FCA Suit Shows Value Of Secrecy,” Law360, Quoted (February 8, 2017)
- “Ex-DOJ Counsel Malkin Joins Lane Powell in Litigation,” Law360, Interviewed (April 14, 2016)
- Harold is a frequent lecturer on federal prosecutions of health care fraud, the False Claims Act and qui tam litigation.
- “DOJ’s Elder Care Task Force Initiative After One Year: A Look Back, A Look Ahead (Intermediate),” American Health Lawyers Association Webinar, Co-presenter (May 24, 2017)
- “Negotiating False Claims Act Settlements and Corporate Integrity Agreements,” American Bar Association 26th Annual National Institute on Health Care Fraud, Presenter (May 11, 2016)
Awards and Honors
- AV Preeminent® in Martindale-Hubbell® Peer Review Ratings™
- Named as a “Washington Super Lawyer,” Super Lawyers magazine (2006-2007)
- Recipient of numerous U.S. Department of Justice awards and client agency citations for exemplary service
Professional and Community Activities
- Washington State Bar Association
- Trustee and Vice President, The Bush School
- Trustee, The Meridian School
- Vice President, Seattle PONY Baseball