Mark H. Schlein transitioned to ”of counsel” status to Wisner Baum in 2022 and continues to focus on the firm’s whistleblower qui tam cases. For 11 years he worked full time as the firm’s top whistleblower attorney, handling dozens of whistleblower cases. Throughout a career spanning over 50 years as a police officer and a lawyer, Mark has been committed to public service and protection. His unique experience as an urban police officer and attorney makes him particularly effective fighting fraud against the government.
While a government attorney, Mark participated in whistleblower litigation resulting in the recovery of billions of dollars at the state and federal level since 1993. As a result, Mark has extensive experience working with whistleblowers in qui tam actions brought under the False Claims Act.
Mark began his career in the Broward County Sheriff’s Office (BSO) as a deputy in the patrol division. In a career spanning 20 years, he commanded virtually every major operational component of the Broward County Sheriff’s Office. This included the patrol division, the criminal investigations division and the special operations group which consisted of S.W.A.T., the aviation unit, marine unit, dive team, traffic, homicide, and the mounted patrol.
Mark also served as Accreditation Manager for the Commission on Accreditation for Law Enforcement Agencies (CALEA). In that capacity, he directed a broad revision of the department’s operating policies and procedures which resulted in BSO becoming the country’s 68th fully accredited law enforcement agency. He retired in 1993 as a lieutenant colonel and the Director of the Department of Law Enforcement.
In 1994, Mark was asked by Florida Attorney General Robert A. Butterworth to head the Florida Medicaid Fraud Control Unit (MFCU) – the only agency in state government that is both a certified state police agency and a law firm. The MFCU became a nationally recognized leader in health care fraud enforcement, utilizing a civil enforcement strategy to complement arrest and criminal prosecution as a deterrent to health care fraud.
Using civil remedies such as the False Claims Act, the Medicaid Fraud Control Unit was able to recover billions from corporate offenders on the state and federal level. Mark directed a staff of 143, including 14 Assistant Attorney Generals and over 90 sworn criminal investigators that conducted thousands of criminal investigations, made over 1300 arrests and litigated hundreds of civil cases.
Mark managed the successful settlement of multi-million dollar health care fraud cases and helped develop global litigation strategies for the National Association of Medicaid Fraud Control Units.
At the end of his tenure with the Florida Attorney General’s Office, Mark entered private practice in the white-collar crime and healthcare fraud group at one of Florida’s largest and most respected law firms. While there he represented clients who were under investigation by federal, state or local authorities.
After a brief time as Special Deputy General Counsel in Florida’s Department of Health, Mark started work in Florida’s Department of Financial Services as police legal advisor and manager of the major case squad in the Florida Division of Insurance Fraud (DIF). DIF is a state law enforcement agency with a staff of 196, including 150 sworn investigators, three attorneys and support staff located in eight bureaus throughout the state. In fiscal year 2009/10 the Division of Insurance Fraud received 12,820 referrals and made 1042 arrests. The Major Case Squad is a special unit of detectives who investigate complex, high profile cases assigned by the Chief Financial Officer or the DIF Director.
As a member of the Wisner Baum whistleblower protection team, Mark is able to give each whistleblower he represents an in-depth understanding of their situation, a unique perspective on the best strategy to implement in their case, and highly dedicated representation due to his broad experience and background.
Practice Areas
- Consumer Fraud Litigation
- Qui Tam Claims
Education
- University of Pennsylvania (B.S. Economics, 1967)
- New York University, School of Law (J.D., 1970)
- FBI Hostage Negotiation School, 1979
- Senior Management Institute for Police, Police Executive Research Forum, Harvard University, 1991
Court Admissions
- New York, 1971
- Florida, 1994
- U.S. District Court, Northern District of Florida, 2004
- U.S. District Court, Middle District of Florida, 2014
- U.S. District Court, Southern District of Florida, 2016
- General Bar of the U.S. District Court for the Northern District of Illinois, 2017
Awards and Honors
Member
- New York Bar Association
- Florida Bar
- Florida Association of Police Legal Advisors
- Taxpayers Against Fraud Education Fund
- Co-Chair – American Association for Justice’s Qui Tam Litigation Group, 2014-2015
- Florida’s Criminal Justice Chief Executive Institute, Florida Department of Law Enforcement, Tallahassee Florida
Legal Teaching Position
- Adjunct Professor of Law, St. Thomas University, School of Law, Miami, 1980-1983
Courses Taught by Professor Schlein:
- Constitutional Law
- Criminal Procedure
- Criminal Law
Lecturer / Instructor
- Presented national seminars on managing criminal investigations and contemporary issues in law enforcement.
- Instructed groups of high ranking military and police officials from a variety of countries including the former Soviet Union, Columbia and El Salvador on due process and police organization and management.
Presentation / Speeches
Topic: What Is Hospice Care and How Does It Differ from Nursing Home Care?
Organization: American Association for Justice
Event: AAJ Annual Convention
Location: Montreal, Canada
Date: July 11-15, 2015
Topic: “False Claims Act Litigation in Health Care Cases (Not Pharmaceutical Cases)”
Organization: American Association For Justice
Event: AAJ 2012 Annual Convention
Location: Chicago
Date: July 31, 2012
Law Enforcement Experience
Florida Department of Financial Services 2007 – 2011
Lt. Colonel/Division of Insurance Fraud
Police Legal Advisor
Manager, Major Case Squad
The Division of Insurance Fraud (DIF) is a Florida state law enforcement agency with a staff of 196 including 150 sworn investigators, as well as three attorneys and support staff located in eight bureaus throughout the state. While working for DIF, Mark investigated a broad variety of insurance related crimes including agent fraud, mortgage fraud, PIP fraud, workers compensation premium fraud and health care fraud. In fiscal year 2009/10 the Division of Insurance Fraud received 12,820 referrals and made 1042 arrests. In addition to serving as police legal advisor, Mark headed up a special unit of detectives who investigated major cases assigned by the Chief Financial Officer or the DIF Director.
Florida Department of Health 2006 – 2007
Special Deputy General Counsel Personal Services Contract
Mark was asked to develop a special prosecutions unit to resolve a large backlog of pending investigations against licensed corporate and individual health care providers who violated department rules and regulations. His department’s efforts were recognized with a Florida Davis Productivity Team Award.
Florida Attorney General’s Office 1993 – 2003
Director, Florida Medicaid Fraud Control Unit 1994 – 2003
Assistant Attorney General
Attorney General Robert Butterworth asked Mark to develop and head the only agency in state government that is both a certified state police agency and a law firm. The Florida Medicaid Fraud Control Unit (MFCU) became a nationally recognized leader in health care fraud enforcement, utilizing a civil enforcement strategy to complement arrest and criminal prosecution as a deterrent to health care fraud. Using civil remedies such as the False Claims Act, the Medicaid Fraud Control Unit was able to recover over one billion dollars from corporate offenders. Mark directed a staff of 143, including 14 Assistant Attorney Generals and over 90 sworn criminal investigators that conducted thousands of criminal investigations, made over 1300 arrests and litigated hundreds of civil cases. Mark managed the successful settlement of multimillion dollar health care fraud cases, and helped develop global litigation strategies for the National Association of Medicaid Fraud Control Units.
Florida Attorney General
Special Counsel 1993-1994
Mark investigated special cases assigned by the Attorney General involving consumer fraud and fraud against the government.
Broward County Sheriff’s Office, 1975 – 1993
Director, Department of Law Enforcement
The Broward County Sheriff’s Office (BSO), one of the largest in the country, is a full service law enforcement agency serving a county with a population of over 1.7 million. Beginning as a deputy in patrol, Mark went on to command virtually every major operational component of the Broward Sheriff’s Office. This included the patrol division, the criminal investigations division, and the special operations group which consisted of S.W.A.T, Aviation Unit, Marine Unit and Dive Team, Bomb Squad, Crime Scene and Crime Lab, and Mounted Patrol.
Mark also served as Accreditation Manager for the Commission on Accreditation for Law Enforcement Agencies (CALEA). In that capacity Mark directed a broad revision of the department’s manual of policies and procedures, and managed a wide range of operational and administrative changes. These efforts resulted in BSO becoming the country’s 68th fully accredited law enforcement agency. When Mark retired, he was a lieutenant colonel, and Director of the Department of Law Enforcement.
Related Experience
Consultant
Formerly a member of the International Association of Chiefs of Police consulting team; Mark participated in management reviews of numerous law enforcement agencies throughout the country examining organization, operations and management practices.
