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January 6 Committee Set to Meet in Person on Tuesday as It Debates Whether to Invite Trump and Pence to Appear

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Kate Driscoll spoke to CNN about former Secret Service agent Tony Ornato’s personal involvement in efforts to discredit the January 6 Capitol riot investigation testimony of Trump White House aide Cassidy Hutchinson while he was still at the agency.

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Kate Driscoll spoke to CNN about former Secret Service agent Tony Ornato’s personal involvement in efforts to discredit the January 6 Capitol riot investigation testimony of Trump White House aide Cassidy Hutchinson while he was still at the agency.“Mr. Ornato plans to continue cooperating in the investigations related to the events of January 6,” said Kate, who represents him.Read the <a href="https://www.cnn.com/2022/09/12/politics/january-6-committee-trump-pence-invite/index.html" target="_blank">full article</a>.

January 6 Committee Set to Meet in Person on Tuesday as It Debates Whether to Invite Trump and Pence to Appear

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Katherine (Kate) Driscoll is a member of the firm’s Investigations + White Collar Defense Practice Group, who focuses her practice on investigations and enforcement actions related to white collar crime, as well as complex commercial litigation. Kate has extensive experience in a wide range of criminal and civil cases, particularly healthcare fraud and cases involving pharmaceutical and life science companies, healthcare providers, and other stakeholders in the provision of healthcare services. Prior to joining Morrison Foerster, Kate served as an Assistant United States Attorney in the U.S. Attorney’s Office for the Eastern District of Pennsylvania. Kate has significant trial experience, obtaining multiple jury and bench trial verdicts. As a federal prosecutor, Kate ran large-scale white collar investigations, including complex wiretap and forensic financial investigations, involving healthcare fraud, illegal distribution of prescription drugs, money laundering, wire fraud, bank fraud, and tax fraud. Kate conducted parallel investigations with the Civil Division related to potential False Claims Act violations, and the SEC for potential violations of securities laws. Among her experience, Kate led the criminal prosecution of one of the largest theft of trade secrets cases in United States history involving a leading multinational pharmaceutical company, and also led COVID-19-related government fraud investigations, involving the CARES Act and the Paycheck Protection Program.Kate received the 2019 Inspector General’s Award for Excellence in Fighting Fraud, Waste and Abuse for the successful prosecution and conviction of healthcare professionals who illegally distributed millions of dollars in prescription drugs. She was also part of the prosecution team that was awarded the Prosecutor of the Year Award for 2021 from the Coalition Against Insurance Fraud regarding work on a significant arson, healthcare fraud, and tax fraud prosecution that impacted hundreds of victims and caused significant damage to the City of Philadelphia.  Kate has advised and worked closely with a variety of federal and local law enforcement agencies, including: Federal Bureau of Investigation, Office of Inspector General Health and Human Services, Drug Enforcement Administration, Office of International Affairs, Internal Revenue Service, Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Postal Service, as well as local agency partners.Prior to serving as a federal prosecutor, Kate was a litigator at a large international law firm where she represented clients in a range of industries, including healthcare, financial services, technology, and automotive, in government investigations and related civil litigation. Kate has handled matters globally, including those in Europe, Africa, and Latin America. Earlier in her career, Kate clerked for the Honorable Pamela K. Chen of the U.S. District Court Eastern District of New York.Kate earned her J.D. from the University of Pennsylvania and her A.B., summa cum laude, from Bryn Mawr College.<h4>Representative Experience</h4><h5>Defense Experience</h5><ul><li>Representation of an international consulting firm related to its work for opioid manufacturers, which involves complex, multi-dimensional work involving state attorneys general, DOJ, and congressional investigations, as well as more than 140 civil lawsuits that are now in a Multi-District Litigation.</li></ul><ul><li>Representation of Anthony Ornato, a former senior career civil servant who recently served as White House Deputy Chief of Staff of Operations, in the January 6 Select Committee investigation and related government investigations.</li></ul><ul><li>Representation of a multinational holding company in a DOJ investigation arising from the client’s investment into a telehealth company under investigation for the unlawful prescription of controlled substances involving potential violations of the Controlled Substances Act (CSA) and the False Claims Act (FCA).</li></ul><ul><li>Advising a pharmaceutical company seeking to mitigate Anti-Kickback Statute (AKS) risk in supporting commercially insured patients in the transition to a new biosimilar therapy. While providing support to commercially insured patients and carving out federally insured patients is not prohibited, such arrangements can draw government scrutiny if they are intended to induce or “pull through” federally insured patients to use medical services or products. We are helping formulate practical parameters for a program that will assist commercially insured patients, meet business goals, and comply with applicable laws and regulations.</li></ul><ul><li>Representation of a global manufacturing company in reviewing and enhancing their anti-corruption and bribery codes of conduct, third-party due diligence protocols, and procurement policies.</li></ul><ul style="direction: ltr;text-align: left;"><li style="direction: ltr;text-align: left;">Provided training to an online market place regarding the legal framework of the AKS, recent enforcement trends, and compliance best practices.</li><li style="direction: ltr;text-align: left;">Internal investigation in the U.S., Europe, and Latin America on behalf of a financial institution, which involved over US $1.3 billion in potential liabilities.</li><li style="direction: ltr;text-align: left;">Matter obtaining several temporary restraining orders to stop the immediate closure of a hospital system. Participated in settlement negotiations resulting in a favorable settlement that included the issuance of a new Request for Proposal and continued operation of an emergency department. </li></ul><h5 style="direction: ltr;text-align: left;">Government Experience</h5><ul><li>Matter involving scientists employed by a multinational pharmaceutical company who were criminally charged for conspiracy, theft of trade secrets, wire fraud, and money laundering, all relating to theft of cancer research platforms, valued at more than US $550 million.</li></ul><ul><li>Matter involving a scientist who was extradited from Switzerland after indictment for conspiracy to steal trade secrets related to the theft of research and other confidential information from several multinational pharmaceutical companies.</li></ul><ul><li>Matter involving physicians criminally charged for prescribing more than US $5 million in prescription drugs used to treat opioid addiction outside the course of professional practice and not for legitimate medical purpose.</li></ul><ul style="direction: ltr;text-align: left;"><li style="direction: ltr;text-align: left;">Matter involving a financial advisor who was criminally charged for diversion of client funds through bank, mail, and wire fraud, and aggravated identity theft.</li></ul><ul style="direction: ltr;text-align: left;"><li style="direction: ltr;text-align: left;">Matter involving arson that displaced hundreds of victims and injured several firefighters. Obtained convictions for all defendants and US $22 million in restitution for the victims. Brought related indictments charging additional criminal conduct, including health care fraud, tax fraud, and federal benefits fraud.</li></ul><h4>Memberships</h4><ul><li>University of Pennsylvania Inn of Court</li><li>National LGBTQ+ Bar Association</li><li>Philadelphia LGBTQ Bar Association</li><li>University of Pennsylvania LGBTQ Alumni Association, Steering Committee (2016-19)</li><li>American Bar Association, Health Law Committee - Healthcare Fraud & Compliance Interest Group Leadership Team (Subject Matter Representative)</li><li>The American Health Law Association</li><li>Women's White Collar Defense Association </li><li>National Association of Criminal Defense Lawyers (2021-22)</li><li>Pennsylvania Association Criminal Defense Lawyers (Planning Committee)</li><li>Federal Criminal Law Committee in the Eastern District of Pennsylvania (Executive Committee)</li></ul>

Kate Driscoll

Of Counsel

National Security, CFIUS, FARA, Sanctions + Export Controls

Political Law