Mark Hardiman, Partner

Mark Hardiman is a graduate of Boston University School of Law (J.D., cum laude, 1988), and  Princeton University (A.B., 1984).  He was admitted to the California Bar in 1988.

Mr. Hardiman joined Hooper, Lundy & Bookman in April 1999. He is a principal and member of the firm’s reimbursement and litigation departments, specializing in the defense of health care fraud and abuse allegations, civil False Claims Act cases, and regulatory compliance issues.

A former federal prosecutor, Mr. Hardiman spent eight and a half years with the United States Attorney’s Office in Los Angeles (1990-99) where he was assigned to the Major Frauds and Major Crimes sections. His extensive federal criminal experience includes 21 jury trials of various charges, including health care fraud, racketeering, mail and wire fraud, prescription fraud, diversion of controlled substances by medical practitioners, theft of government property, money laundering, and homicides. He has also been responsible for numerous criminal appeals, including six Ninth Circuit oral arguments.

Among his more significant criminal cases, Mr. Hardiman co-prosecuted United States v. Smushkevich, et al., at the time one of the largest health care fraud prosecutions in United States history, involving ten defendants, $50 million in loss, and a six-month jury trial with over 2,000 exhibits. In 1994, he received Attorney General Janet Reno’s John Marshall Award and the United States Chief Postal Inspector’s Special Award, both national awards, for his prosecution of this case. Mr. Hardiman has also received two Special Achievement Awards in recognition of other meritorious acts performed on behalf of the Department of Justice.  Between 1984 and 1988, Mr. Hardiman was an infantry officer in the United States Army Reserve.

Since joining the firm, Mr. Hardiman has represented physicians, pharmacists, laboratory owners, and suppliers in numerous federal criminal health care cases filed in Los Angeles and Sacramento, California, Las Vegas, Nevada, and Fort Lauderdale, Florida, including one involving a two-week jury trial. He has extensive experience representing hospitals in complex federal False Claims Act cases and routinely represents providers in Medicare and Medi-Cal administrative appeals and related mandamus proceedings. In addition, Mr. Hardiman’s practice includes defending physicians in medical disciplinary actions before the California Medical Board. He frequently represents health care providers in other civil litigation, including payment disputes with managed care plans, a civil rights action against the California Department of Health Services, and various commercial breach of contract and unfair competition lawsuits.

Representative Cases

U.S. v. SDI Future Health, Inc., 491 F. Supp.2d 975 (D. Nev. 2007)
U.S. ex rel. Pogue v. Diabetes Treatment Centers of America,
    474 F. Supp.2d 75 (D.D.C. 2007)
Moore v. Reno, 185 F.3d 1054 (9th Cir. 1999)
U.S. v. Jackson, 167 F.3d 1280 (9th Cir. 1999)
U.S. v. Booker, 952 F.2d 247 (9th Cir. 1991)

Publications/Lectures

Co-editor of “Billing for Items or Services Not Rendered,” Health Care Program Compliance Guide (The Bureau of National Affairs, Inc., 2000)