Kevin P. Mulry is a trial lawyer in our commercial litigation, healthcare and labor and employment groups. Having spent 15 years as an Assistant United States Attorney in the Eastern District of New York, Kevin has extensive trial and appellate experience and a unique perspective on government litigation and investigations. Kevin served as Principal Deputy Chief of the Civil Division, with supervisory responsibility for the office’s affirmative civil litigation, including healthcare fraud, mortgage and government procurement fraud, civil rights, environmental litigation, civil racketeering and labor litigation, civil penalty actions, financial litigation and civil and criminal forfeiture. He was previously chief of the Long Island Civil Division, supervising the affirmative and defensive work in the Long Island office, and chief of Employment Litigation, overseeing the employment cases in the district. He has also argued numerous appeals to the U.S. Court of Appeals for the Second Circuit.
How does your experience as an Assistant U.S. Attorney benefit the firm’s clients?
Having worked inside the Department of Justice for many years, I can give clients an insider’s perspective in government cases and investigations, including healthcare and False Claims Act cases. Government lawyers and investigators often approach a case differently than private litigants, and it helps to know what people are thinking on the other side. Also, as a lawyer in the Civil Division, I represented the government daily in federal court litigation involving the same types of cases that private litigants face. The challenge is always to understand a client’s problems, and then find the most effective, efficient and economical route to resolution.
“Success is taking a client’s problem and finding the best route to a solution through communication, imagination and hard work.”
What were some significant matters you handled at the U.S. Attorney’s Office?
One case was the Benefit Plans Administrators prosecution, a bribery, fraud and obstruction of justice case arising out of the awarding of two multimillion-dollar healthcare contracts by Nassau County. Another criminal matter, the prosecution of the Hickey and Avellino Carting cases on Long Island, involved the forfeiture and monitoring of carting companies controlled by organized crime.
I had the opportunity to prosecute major civil fraud cases, including coordinating the national investigation of pharmaceutical healthcare fraud cases under the False Claims Act, with allegations of off-label marketing, kickbacks and improper billing. I also defended the U.S. Department of the Interior in litigation with the Shinnecock Indian Nation on Long Island’s East End as they sought federal recognition as an Indian tribe.
What main issues do you help clients manage?
A key issue for any case is finding the best solution to the client’s problem. I guide and advise clients on available options so we can decide the best and most efficient way to solve the problem. Sometimes what the client needs is a complete litigation, from discovery, to trial and then possibly through appeals. Sometimes what a client needs is an argument to the Court through motion practice. The need for a negotiated settlement may include various forms of alternate dispute resolution, such as mediation. The first step, always, is to understand the client’s problem and give the guidance and advice to choose the best option available.
What are ways you give back to the community?
I am a board member of New Ground in Hempstead, a nonprofit that works to break the cycle of homelessness through education and assistance. The organization places homeless families and veterans in homes or apartments and gives them education and training, including tutoring for the children. The goal is for families and individuals to graduate out of the program, become self-sufficient and make way for another family to come through. It’s a very committed group of people, and I have been happy to get to know them and do what I can to help. I am also an active parishioner at St. Agnes Parish in Rockville Centre.