Erica Sibley Bahnsen

"Government subpoenas and investigative demands require a clear head and a strategic plan. I help clients understand their exposure, manage the process, and protect their interests—whether that means negotiating a resolution or preparing to litigate." —Erica Sibley Bahnsen

When health care and life sciences companies face scrutiny under the False Claims Act, white-collar investigations, or parallel civil and criminal inquiries, they turn to attorney Erica Sibley Bahnsen. Her deep knowledge of the health care industry and seasoned litigation judgment enable her to steer complex investigations toward practical, defensible outcomes.

Erica defends hospitals, health systems, home health agencies, care management providers, national physician staffing companies, emergency services providers, dermatology and other specialty practices, and dietary supplement manufacturers in enforcement matters at both the state and federal levels. Her practice focuses on False Claims Act investigation defense and litigation, qui tam defense, CARES Act and COVID-19 enforcement defense, and white collar internal investigations and litigation.

From the moment a client receives a government subpoena through settlement negotiations or trial, Erica ensures the client is well-prepared and strategically positioned. Her understanding of the enforcement process was sharpened early in her career through an internship at the U.S. Department of Health and Human Services, Office of the General Counsel—an experience that gave her firsthand exposure to how agencies approach facts, documentation, and remediation.

In addition, businesses at the board and C-suite levels rely on Erica to handle investigation defense for health care industry patients, with an understanding of the potential effects on litigation. Erica also manages voluminous discovery efficiently—controlling costs without sacrificing thoroughness.

What Erica Delivers for Clients

• Regulator-Ready Responses: Erica helps clients craft timely, accurate responses to government subpoenas and agency inquiries that address regulators' priorities while preserving legal defenses and business continuity.
• Declination-Focused Strategies: She develops health care fraud defense strategies that position matters for declination or favorable resolution by targeting evidentiary gaps, guidance ambiguities, and proportionality arguments.
• Efficient, Defensible Fact Development: She runs thorough internal investigations and complex discovery in a cost-effective manner, building factual records that stand up in negotiations and in court.
• Health Care Savvy, Litigation Strength: Erica translates intricate coding, coverage, and payment issues into clear, compelling advocacy—aligning clinical and operational realities with legal strategy.
• Skilled Navigation of High-Stakes Matters: From False Claims Act defense to white collar internal investigations, Erica provides steady, experienced counsel that helps clients protect their reputations and interests at every stage.

False Claims Act and Health Care Enforcement

• Counseled a large national physician staffing company against national False Claims Act allegations related to emergency department billing. Because of Erica’s representation, the government declined to intervene in the matter.
• Successfully defended the home health care division of a national company against a government investigation into home health billing practices. After the government declined to intervene in the matter due to her effective representation, Erica secured dismissal of the qui tam relator's claims at the district court level, on appeal before the U.S. Court of Appeals for the Sixth Circuit, and at the U.S. Supreme Court, which denied certiorari.
• Defended a multistate dermatology management company against a series of overlapping FCA investigations by the DOJ Civil Division, multiple U.S. Attorney's Offices, and HHS-OIG, stemming from qui tam whistleblower complaints alleging Anti-Kickback Statute violations and medically unnecessary procedures. Erica and her team successfully resolved all Civil Investigative Demands and two separate qui tam actions—with one case settled at minimal value, one dismissed, and no Corporate Integrity Agreement imposed.
• Counseled a health care client through a Stark Law and Anti-Kickback Statute investigation and subsequent litigation relating to the client’s physician compensation practices.
• Guided a dermatology management company through a voluntary self-disclosure related to physician practice acquisitions, conducting reverse diligence across dozens of acquired practices and achieving a government release with a favorable resolution.

White Collar Defense and Internal Investigations

• Defended a highly regulated financial industry client in responding to multiple government-issued criminal and civil subpoenas from various enforcement agencies. Erica conducted an internal investigation into the highest level of employees and board members relating to fraud against the client. The government prosecution led to multiple former employees and affiliates with the client being sentenced to time in prison and owing substantial sums (over $10 million) of restitution.

Results may vary depending on your particular facts and legal circumstances.

Education

• Seton Hall University School of Law (J.D., cum laude, 2011)
  • Associate Editor, Seton Hall Law Review
• The College of New Jersey (B.A., magna cum laude, 2008)
  • Phi Beta Kappa

Professional & Community Involvement

• American Health Lawyers Association
• New Jersey State Bar Association
• New York City Bar Association
• Women in White Collar Defense Association