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KURT R. ERSKINE

Shareholder
he / him / his

kerskine@polsinelli.com
Download Bio
Atlanta: 404.253.6033


 * Biography
 * News
 * Publications



Former U.S. Attorney Kurt R. Erskine is an experienced litigator who relies on
his decades of experience with the Department of Justice to help health care
providers, corporations, organizations and individuals navigate complex
government investigations and high-stakes civil and criminal litigation. Kurt
has successfully tried dozens of federal jury trials to verdict and handled
hundreds of cases during his federal career.

Kurt focuses his practice on internal and government investigations,
white-collar defense and complex litigation with an emphasis on health care
litigation and False Claims Act defense. He represents corporations,
organizations and individuals in civil and criminal lawsuits and investigations
involving allegations of financial, health care and tax fraud, public
corruption, securities fraud as well as cases involving the False Claims Act and
Foreign Corrupt Practices Act.

With over 20 years of experience as a federal prosecutor, Kurt served as U.S.
Attorney for the Northern District of Georgia, overseeing all federal criminal
prosecutions and federal government civil litigation in his district. As the
U.S. Attorney, he led a staff of over 100 criminal and civil prosecutors, a
professional staff of over 130, partnered with approximately 300 law enforcement
agencies and was responsible for one of the largest districts in the United
States.

During his tenure with the Department of Justice, Kurt served in a variety of
leadership positions, including as the First Assistant United States Attorney,
the Chief of the Public Integrity and Special Matters Section and the Health
Care Fraud Coordinator. In these roles, he prosecuted some of the most sensitive
and high-profile matters in the district, including cases involving allegations
of complex financial, tax and health care fraud and kickbacks, public
corruption, money laundering, controlled substance diversion and national
security.

Prior to joining the Department of Justice, Kurt was in private practice and
focused his work on health care litigation and health care compliance.


EDUCATION

 * University of Kansas School of Law (J.D., 1996)
 * University of Kansas Medical Center (M.H.A., 1996)
 * William & Mary
   * Public Policy


BAR ADMISSION

 * Georgia


COURT ADMISSIONS

 * U.S. Court of Appeals, Eleventh Circuit
 * U.S. District Court, Northern District of Georgia


PROFESSIONAL AFFILIATIONS

 * William & Mary Graduate Studies Advisory Board, 2014-2021


RECOGNITION

 * Department of Justice Director’s Award for Superior Performance (2018)


LANGUAGES

 * French

Publications
All Publications
New York Alleges Trump Procured Inflated Appraisals for Conservation Easements
On September 21, 2022, the New York State Attorney General Tish James filed a
civil lawsuit against former President Donald Trump and the Trump organization
alleging fraud and misrepresentation. The Complaint described a widespread
scheme to inflate the value of Trump’s assets when beneficial to his financial
interests. New York claimed that evidence of the scheme was, in part, Trump and
the Trump organization’s procurement of inflated appraisals for conservation
easements donated in 2014 and 2015. According to the filing, Trump created
annual Statements of Financial Condition from 2011 through 2021, listing his
assets and liabilities and calculating a net worth based on these amounts. Trump
then allegedly used these Statements to secure loans like the one used to
redevelop the
Read More
The DOJ and IRS Focus Enforcement on Syndicated Conservation Easements
Earlier this year, the Department of Justice filed the first criminal indictment
of promoters, appraisers and accountants connected to an alleged scheme to
create syndicated conservation easements. The move followed increased scrutiny
on taxpayer use of conservation easements to reduce tax liability by the IRS and
Congress. Despite this recent indictment, the federal government has long warned
against the use of so-called “abusive” syndicated conservation easements with
the inclusion on the IRS’s annual “Dirty Dozen” list of tax scams in 2019. But
even beginning in 2016, the IRS designated “syndicated” conservation easements
as potential tax-avoidance schemes and required taxpayers to turn over
additional documentation in support of related deductions. Then, following an
investigation into promoters of these transactions, the Senate Committee
Read More


CAPABILITIES

 * False Claims Act Defense
 * Government Investigations
 * Health Care
 * Health Care Litigation
 * Internal Investigations
 * Litigation

Firm Highlights
Slide 1 of 5
 * Publications
   President Biden Extends Statute of Limitations for PPP and EIDL Fraud to Ten
   Years
   In August, President Biden signed two bills into law that give the Department
   of Justice and other federal agencies more time to investigate and prosecute
   Paycheck Protection Program (“PPP”) and COVID-19 Economic Injury Disaster
   Loan (“EIDL”) cases. H.R. 7352, the “PPP and Bank Fraud Enforcement
   Harmonization Act of 2022” and H.R. 7334, the “COVID-19 EIDL Fraud Statute of
   Limitations Act of 2022” extend the statute of limitations for fraud charges
   involving PPP and EIDL fraud to ten years. Previously, the statute of
   limitations for these offenses was limited to five years, except in the case
   of federal bank fraud where the statute of limitations is also ten years.
   Both bills passed with bipartisan support from Congress and clearly signal
   that
   Read more
 * News
   Former US Attorney Kurt Erskine Joins Polsinelli’s Atlanta Office in the
   Government Investigations Group
   AmLaw 100 firm Polsinelli welcomes Kurt Erskine as a Shareholder in the
   Atlanta office.  Erskine joins the firm’s Government Investigations Group. 
   Prior to joining Polsinelli, Kurt served as the United States Attorney for
   the Northern District of Georgia where he oversaw the investigation and
   litigation of all criminal and civil cases brought in the district on behalf
   of the United States. “Kurt brings with him significant litigation experience
   and time with the US Attorney’s office in Georgia, which will benefit our
   clients. He is an outstanding addition to our office and adds depth to our
   already strong bench of talent here in Atlanta,” said Leslie Spasser,
   Managing Partner of Polsinelli’s Atlanta office. “We are focused on bringing
   in exceptional talent to our
   Read more
 * Publications
   New York Alleges Trump Procured Inflated Appraisals for Conservation
   Easements
   On September 21, 2022, the New York State Attorney General Tish James filed a
   civil lawsuit against former President Donald Trump and the Trump
   organization alleging fraud and misrepresentation. The Complaint described a
   widespread scheme to inflate the value of Trump’s assets when beneficial to
   his financial interests. New York claimed that evidence of the scheme was, in
   part, Trump and the Trump organization’s procurement of inflated appraisals
   for conservation easements donated in 2014 and 2015. According to the filing,
   Trump created annual Statements of Financial Condition from 2011 through
   2021, listing his assets and liabilities and calculating a net worth based on
   these amounts. Trump then allegedly used these Statements to secure loans
   like the one used to redevelop the
   Read more
 * Publications
   The DOJ and IRS Focus Enforcement on Syndicated Conservation Easements
   Earlier this year, the Department of Justice filed the first criminal
   indictment of promoters, appraisers and accountants connected to an alleged
   scheme to create syndicated conservation easements. The move followed
   increased scrutiny on taxpayer use of conservation easements to reduce tax
   liability by the IRS and Congress. Despite this recent indictment, the
   federal government has long warned against the use of so-called “abusive”
   syndicated conservation easements with the inclusion on the IRS’s annual
   “Dirty Dozen” list of tax scams in 2019. But even beginning in 2016, the IRS
   designated “syndicated” conservation easements as potential tax-avoidance
   schemes and required taxpayers to turn over additional documentation in
   support of related deductions. Then, following an investigation into
   promoters of these transactions, the Senate Committee
   Read more
 * Events
   PPP/EIDL Loans and Why the Government May Still Come Knocking
   Your invitation to join Polsinelli for a timely webinar exploring the latest
   CARES Act audit and enforcement efforts by the federal government, including
   an overview of the most recent Paycheck Protection Program, Economic Injury
   Disaster Loan and Provider Relief Fund cases initiated by the Department of
   Justice, Small Business Administration and other government agencies. We will
   cover issues that could affect even those companies that have already
   received loan forgiveness as well as potential successor liability for
   organizations. Most importantly, we will provide compliance guidance on what
   to do now before the government comes knocking. Agenda Overview of the SBA
   audit process Effects of the PPP and Bank Fraud Enforcement Harmonization Act
   and the COVID-19 EIDL Fraud Statute of Limitations Act Overview of the
   Read more




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