Kenneth M. Abell
Kenneth M. Abell is Of Counsel at Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP.
Mr. Abell is a seasoned litigator and the former Chief of Healthcare Fraud for the United States Attorney’s Office for the Eastern District of New York, Civil Division. In his ten years as an Assistant United States Attorney, Mr. Abell litigated and resolved some of the Eastern District’s most significant fraud matters, successfully tried several cases and argued numerous cases before the United States Court of Appeals for the Second Circuit. His experience includes a wide variety of substantive areas of law including healthcare fraud, mortgage fraud, commercial litigation and criminal defense.
In his role as Chief of Healthcare Fraud, Mr. Abell supervised more than twenty AUSAs handling healthcare fraud matters and oversaw a diverse practice group that included cases against pharmaceutical companies, laboratories, hospital systems, home health agencies, physician practice groups, medical device companies, billing entities, manufacturers and distributors of electronic health software and individual physicians. Most of these actions initiated with the filing of a qui tam action by a whistleblower and several resulted in multi-million dollar settlements. In investigating and prosecuting these actions, Mr. Abell worked closely with federal agents from the Department of Health and Human Services Office of Inspector General, the Federal Bureau of Investigation and the Food & Drug Administration, among others. Mr. Abell also worked in close partnership with attorneys from the Medicaid Fraud Control Unit within the New York State Attorney General’s Office.
Prior to leading the healthcare fraud practice at the EDNY, Mr. Abell handled some of the nation’s largest mortgage fraud cases. In 2012, after years of intensive investigation, he successfully resolved a mortgage fraud case against Countrywide Financial for $1 billion, which was at the time the single largest mortgage fraud recovery under the False Claims Act. In 2015, Mr. Abell’s investigation against Bank of America was incorporated into the $16.65 billion National Mortgage Settlement, which remains the United States’ largest recovery ever against a single entity. As a result of these accomplishments, Mr. Abell was twice awarded the United States Attorney General’s Award for Distinguished Service (the Department of Justice’s second highest award) and the Henry L. Stimson Medal (awarded annually to one Civil Division AUSA from the Eastern District).
During his time with the United States Attorney’s Office, Mr. Abell also successfully handled and resolved matters pertaining to environmental concerns, food and drug safety, civil RICO and civil rights. In addition, Mr. Abell successfully defended the interests of the United States in a wide array of cases involving matters such as constitutional torts, employment discrimination, prisoner litigation and actions brought under the Federal Tort Claims Act. Several of these matters wound up before the Second Circuit Court of Appeals, where Mr. Abell successfully argued for the interests of the United States.
Mr. Abell is a frequent speaker on healthcare issues, having spoken before conferences and symposiums more than two dozen times on issues such as Medicare and Medicaid fraud, drug diversion, qui tam actions under the False Claims Act, government enforcement priorities and off-label marketing by pharmaceutical companies.
Mr. Abell began his legal career as a commercial litigator at the litigation boutique of Novack and Macey in Chicago. Thereafter, he was a law clerk to the Honorable Theodore H. Katz in the Southern District of New York, before joining the United States Attorney’s Office in 2008.
Mr. Abell received his Juris Doctor in 2001 from Northwestern University School of Law, where he was an editor of the Journal of Criminal Law and Criminology. He received his Bachelor of Science in Behavioral Science and Law in 1995 from the University of Wisconsin, Madison.
- New York
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
- U.S. Court of Appeals Second Circuit
- Northwestern University School of Law, Juris Doctorate
- University of Wisconsin, Madison, Bachelor of Science, Behavioral Science & Law
Honors and Awards
- Gold Medal for Exceptional Service from the United States Environmental Protection Agency, 2019
- United States Attorney General’s Award for Distinguished Service, 2015
- United States Attorney General’s Award for Distinguished Service, 2012
- Henry L. Stimson Medal, 2012
- Council of Inspectors General on Integrity and Efficiency Award for Excellence, 2016
Professional Associations and Memberships
- New York State Bar Association, Member
- Nassau County Bar Association, Member
- Chicago Area Project, Treasurer & Board Member of group dedicated to juvenile delinquency prevention
- Former Director, Street Law Project at Cook County Juvenile Detention Center
- Member of Team in Training, Leukemia & Lymphoma Society