A lifelong resident of Long Island, Andrew is the co-chair of the White Collar Crime and Investigations practice and a member of RMF’s Health Law Department as well as the Not-For-Profit, Blockchain Technology and Digital Asset, Securities Regulation and Cybersecurity and Data Privacy practice groups.
Andrew currently represents corporations, hospitals, law firms and individuals, including CEO’s, CFO’s, lawyers, bankers and members of law enforcement, as well as hundreds of physicians and healthcare professionals accused of (or victimized by,) criminal, professional or other misconduct.
Andrew possesses significant experience dealing with regulatory authorities, including the Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA) and state authorities including the Office of Professional Medical Conduct, (OPMC), the Office of Professional Discipline, (OPD), and the Office of the Medicaid Inspector General (OMIG). He has also counseled law firms and attorneys facing inquiries by Attorney Grievance Committees and addressed matters involving the New York State Commission on Judicial Conduct.
He has managed dozens of internal investigations for clients including municipalities, hospitals, medical practices, law firms and other businesses. He often liaises with forensic experts, private investigators and members of law enforcement. Andrew has also addressed cybersecurity breaches and data privacy incidents involving insider theft, ransomware and other intrusions.
As an Assistant District Attorney in Nassau County, Andrew was assigned to the Public Corruption Bureau where he prosecuted cases ranging from sex crimes to white collar crimes, including larcenies, identity thefts, cyber-crimes, forgeries and frauds.
Articles by Mr. Garbarino have been published in the New York Law Journal, the Nassau Lawyer and Long Island Business News. He is a member of the New York State Bar Association’s Dispute Resolution Section, where he chairs the Health Care Committee, and Criminal Justice Section, and serves on the White Collar and Ethics Committees. Mr. Garbarino is a fellow of the State Bar Foundation.
In addition to his work as an attorney, Andrew is the Vice President of the board of directors for the Association for Mental Health and Wellness.
- Obtained dismissal of federal charges related to the purported illegal import of foreign products designed to kill coronavirus during the COVID pandemic.
- Advised multi-state healthcare organization concerning a third party data breach;
- Successfully represented a physician and medical practice in an OMIG hearing, preventing the client’s exclusion from the Medicaid program and avoiding any other penalty.
- Represented municipality involved in New York Attorney General public corruption investigation.
- Successfully represented vice-president and Chief Loan Officer of a commercial bank in connection with an SEC investigation and testimony before the commission regarding loan practices and accounting issues, resulting in the SEC’s determination that no further action would be taken regarding our client.
- Preserved gastroenterologist’s hospital privileges after contentious hospital hearing.
- Internal investigation on behalf of audit committee of a public company in connection with insider trading allegations by a board member.
- Represented foreign business person in a U.S. Senate Select Committee investigation.
- Represented senior executive charged with insider trading.
- Conducted internal investigation concerning massive HIPAA breach intentionally caused by an employee of a large medical practice.
- Disclosure to federal government at conclusion of internal investigation concerning potential False Claims Act violations for improper medical billing, resulting in no action being taken against client medical practice.
- Defended attorney charged with multiple criminal violations of the Judiciary Law, avoiding criminal convictions and maintaining the lawyer’s law license.
- Managed internal investigation into alleged sexual misconduct by not-for-profit board member.
- Resolved investigation of the CEO of large not-for-profit under investigation for falsifying business records without arrest.
- Defended attorney charged with stealing money from client escrow accounts.
- Internal investigation related to sexual harassment and embezzlement by supervisor within a large health system and liaised with law enforcement regarding findings of likely criminal conduct.
- Conducted parallel investigation into potential Department of Defense whistleblower involving investigators from multiple agencies.
- Investigated medical practice’s office manager for theft of funds, resulting in referral to law enforcement and subsequent arrest.
- Managed internal investigation revealing that a medical practice office manager had stolen the identity of a physician and stolen hundreds of thousands of dollars in false medical billing. The resultant referral to law enforcement led to multiple federal charges against the office manager.
- Assisted matrimonial law firm in investigation of apparently hidden marital assets, illuminating fraudulent court disclosures.
- Conducted internal investigation for mid-sized law firm regarding potential escrow improprieties that were traced to errors made by the firm’s bank. A letter disclosing the matter to disciplinary authorities resulted in no action being taken.
- Represented medical school graduate, arrested during residency, for Criminal Possession of a Forged Instrument – a prescription for narcotics – and Burglary – for stealing narcotics. Negotiations with prosecutors, resulted in the case’s transfer to a Treatment Court. Following her successful completion of treatment, all charges were dismissed, with no administrative repercussions to her license as a physician.
- Represented college student arrested for Gang Assault, a B Violent Felony, carrying a potential sentence of 5-25 years. The defense investigation and negotiations – that did not involve cooperation – with prosecutors resulted in a conviction for a non-criminal violation and a $250.00 fine. Two co-defendants received pre-trial criminal convictions, which included jail time.
- Represented large medical practice in connection with a filed qui tam action alleging multiple violations of the Federal and New York State False Claims Acts, where the government demanded more than $7 million in settlement, prior to assessing treble damages and civil penalties. Discussions with state and federal authorities led to the case’s withdrawal and the dismissal of the relator’s claim.
- Represented physician investigated by the OPMC involving allegations that, among other things, he failed to maintain patient records, employed an unlicensed physical therapist and allowed a chiropractor to essentially manage his practice (and make medical decisions including ordering unnecessary and inappropriate diagnostic tests.) After an interview, OPMC closed the matter with no further action.
- Represented neuro-surgeon who was the subject of a credentialing hearing with his insurance carrier due to a severe malpractice history. After extensive preparation, the client participated in the hearing (where there is no right to counsel,) and not only maintained his coverage, but avoided a surcharge.
- Represented pharmacist who was the subject of an investigation by the New York City Human Resources Administration Frauds Division for accepting Medicaid benefits to which she was not entitled. Matter was settled for less than half of the amount initially demanded by the Frauds Division, with an agreement that no further action and no criminal referral would be made.
- Advised large medical practice concerning OPMC inquiry into propriety of practice’s advertising.
- Counseled physician subject of a major Anti-Kickback investigation. Meetings with federal authorities resulted in no arrest and no administrative action.
- Represented the controller of large not-for-profit who was indicted with five other employees on dozens of charges, including B and C-level felonies. After negotiations and motion-practice, client received a misdemeanor, no-jail sentence.
- Represented company that sold-off various vehicles and equipment, yet was served with several notices of violation from the New York City Environmental Conservation Agency because the buyer failed to remove the client’s name from the equipment and likewise failed to re-register the equipment as required. At a hearing before the agency, which included the unexpected “eleventh hour” briefing of a collateral estoppel issue, all violations were dismissed.
As A Prosecutor:
- Appointed to team that investigated an incident on “Black Friday” 2008, where a store employee was killed and multiple others injured in a trampling incident, resulting in a significant written settlement with the company.
- Investigation and trial conviction of an attorney for stealing hundreds of thousands in client funds in connection with an adoption scheme wherein he falsified documents and photographs.
- Investigation and trial conviction of an attorney for identity theft and attempted larceny in connection with a mortgage fraud scheme.
- Investigation and trial of a “mortgage rescue” consultant, resulting in the recovery of hundreds of thousands of dollars on behalf of victims of scheme.
- Investigation and prosecution of a corrections officer for the sexual abuse of multiple female prisoners.
- Prosecution of a cyber-criminal who stole the personal information of thousands of patients from an area hospital, causing tens of millions of dollars in damage to national phone carriers by creating false accounts with the stolen information.