Mark L. Furman
Mark L. Furman is a Partner at Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP and a member of the firm’s White Collar Criminal Law and Governmental Investigations Practice. For the past twenty-three (23) years, Mark L. Furman has been one of the premier defense attorneys in the New York Metropolitan Area representing licensed medical professionals, such as physicians (including without limitation internists, radiologists, ophthalmologists, orthopedists, dermatologists, oncologists, surgeons and physical medicine and rehabilitation specialists), physician-assistants and specialist assistants, dentists, pharmacists, registered nurses, physical therapists, acupuncturists, chiropractors and imaging technicians in both federal and state criminal investigations and actions, civil proceedings, disciplinary hearings, insurance arbitrations and mediations regarding, among other things, allegations of healthcare fraud and abuse.
Prior to beginning defense-work, Mr. Furman served for seven (7) years until 1993 as a Special Assistant Attorney General with the Medicaid Fraud Control Unit of the New York State Attorney General (“MFCU”), where he led several white-collar criminal investigations and prosecutions regarding diverse types of healthcare entities. Preceding the foregoing, he was an Assistant District Attorney, in the Queens County Homicide and Investigations Bureau until 1985.
Over the past two-plus decades since leaving the public sector, Mr. Furman has successfully won the dismissal of several criminal actions commenced against Medicaid and No-Fault provider physicians, and has defended various healthcare professionals in government investigations involving the Federal Anti-Kickback Statute, as well as conspiracy, money-laundering, mail and wire fraud claims. When not trying cases, he works regularly with the Federal Sentencing Guidelines and often will structure plea agreements so as to minimize professional disciplinary and other collateral consequences for healthcare professionals.
Mr. Furman has also successfully defended numerous civil Racketeer Influenced and Corrupt Organizations (“RICO”) actions, as well as Civil Monetary Proceedings (“CMP”) and False Claims Act (“FCA”) investigations brought by the government against providers. He has also prepared individual and group practitioner compliance plans, many of which have involved the negotiation of Corporate Integrity Agreements (“CIAs”).
In the administrative area, Mr. Furman has effectively conducted numerous administrative hearings on behalf of the provider, resulting in reversal of the audit findings and proposed exclusion or, in the professional misconduct arena (“OPMC”), dismissal of charges against physicians. When appropriate, he will initiate proceedings under CPLR Article 78 seeking immediate injunctive relief from and judicial review of any adverse administrative conduct such as withholding of payments, exclusion from government programs and license revocation. He has successfully opposed summary suspension orders from the State Board for Professional Medical Conduct.
Mr. Furman has been in practice since 1980, and graduated cum laude from the State University of Buffalo Law School. He also achieved his undergraduate degree at SUNY Albany magna cum laude
- State University of New York, at Buffalo Law School, J.D. (Cum Laude) 1979
- State University of New York at Albany, B.A. ( Magna Cum Laude), 1975
- United States District Court for the Western District of New York (February 1980)
- United States District Court for the Eastern District of New York (March 1982)
- United States District Court for the Southern District of New York. (March 1982)
- United States Court of Appeal for the Second Circuit (September, 1995)
Professional Associations and Memberships
- American Health Lawyers Association, Member
- Assistant District Attorney’s Association of Queens County, Member