Attorney Profiles

    Daniel G. Giaquinto

    Daniel G. Giaquinto has been a member of Kern Augustine, P.C. since 2006, where he currently serves as Partner, heading the firm’s criminal law section. He focuses his practice on the defense of healthcare professionals in criminal investigations and prosecutions; State Board licensing matters; and civil penalty, adverse administrative and credentialing matters. He is a member of the New Jersey, New York, and Pennsylvania Bar. He is also qualified in New Jersey as a mediator and provides Alternative Dispute Resolution Services on behalf of the firm. Mr. Giaquinto has successfully defended Physicians before Medical Boards, OPMC & SBME, OPD investigations, as well as Medicare Fraud, Fraud & Abuse, Hospital Actions, RAC Audits, Medicare Audits, OIG Fraud, Health Care Fraud, Medical Audits, and Health Plan Billing Audits.

    Prior to joining Kern Augustine, Mr. Giaquinto spent a career in the public service sector in New Jersey. From 1998 until 2003 he served an appointed term as the Prosecutor of Mercer County, New Jersey, where he led an office of over 150 assistant prosecutors, detectives, and administrative support personnel. As the Chief Law Enforcement Officer in Mercer County, he was responsible for the detection, apprehension and prosecution of violators of state law, as well as the coordination of law enforcement efforts, within the county. In 2003 he was selected by the New Jersey Attorney General to serve as the Assistant Attorney General/ Director of State Police Affairs, where he successfully led the State’s efforts to implement New Jersey State Police reforms required by the federal consent decree to address issues of racial profiling. In that role he served as the State liaison to the Department of Justice Civil Rights Division, the Independent Monitoring Team, the United States District Court and the New Jersey State Police. His office was also responsible for the administrative prosecution of State Police disciplinary hearings.

    Mr. Giaquinto has also served eight years as a Municipal Court Judge for the City of Trenton and six years as the Municipal Court Judge for the Township of Hopewell. During his years as a municipal court judge he ran a part-time solo private practice in Hamilton, New Jersey. Earlier in his career he served for three years as a Deputy Attorney General in the Major Fraud Section of the Division of Criminal Justice, New Jersey Attorney General’s Office, where he was responsible for investigating and prosecuting white collar and fraud related crime. He has also worked for a general practice law firm in Hamilton, New Jersey for two years early in his career where he focused his practice on personal injury defense work and municipal court and criminal defense.

    A member of the US Army Judge Advocate General’s Corps (JAG), Mr. Giaquinto began his legal career as a US Army Captain, serving a four year active duty tour in Germany, where he was assigned first as defense counsel, and later as a trial counsel (prosecutor), to military courts-martial (criminal prosecutions) and administrative hearings (separation and reduction boards). Subsequent to active duty he continued his military career with the New Jersey Army National Guard, from which he retired as a Colonel in 2011 with thirty years of military service. During his time in the New Jersey National Guard he attained the leading legal position of Staff Judge Advocate, which he held for nine years, and in his final year served as the head of the Intelligence Directorate. COL Giaquinto deployed from June 2008 until June 2009 as the Command Judge Advocate, 50th Infantry Brigade Combat Team, Operation Iraqi Freedom, in Baghdad, Iraq.

    Mr. Giaquinto received his Juris Doctor with Honors from the Rutgers School of Law at Camden and his Bachelor of Science with Honors from The College of New Jersey. He is also a graduate of the U.S. Army Judge Advocate Officer Basic Course, and an honor graduate of the US Army Judge Advocate Officer Advanced Course, the US Army Military Judges Course, and the US Army Command and General Staff College.

    Mr. Giaquinto is currently a member of the American Bar Association, and the ABA’s Criminal Justice Section, White Collar Crime Committee, Health Law Section and Healthcare Fraud and Compliance Interest Group. He is a member of the New Jersey State Bar Association, and is a past chair and current member of the Military Law and Veterans’ Affairs Section, as well as a member of the Criminal Law Section and the Health and Hospital Law Section of the NJSBA. He is also a member of the Mercer County (NJ) Bar Association.

    COL Giaquinto’s military awards and decorations include the Legion of Merit, Bronze Star Medal, Meritorious Service Medal, Army Commendation Medal (3rd Award), Army Achievement Medal (3rd Award), Army Reserve Components Achievement Medal, National Defense Service Medal (2nd Award), Global War on Terrorism Service Medal, Iraq Campaign Medal with Campaign Star, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Armed Forces Reserve Medal with M Device, New Jersey Merit Award and the New Jersey State Service Ribbon.

    Mr. Giaquinto’s civilian awards include the New Jersey State Bar Presidential Achievement Award for Exemplary Service to the Military Legal Assistance Program, Inductee to the Italian American National Hall of Fame (Trenton, NJ), Jersey Street (Trenton, NJ) Community Association Appreciation Award for Outstanding Service; Trenton Police Athletic League Outstanding Individual Award; Grand Marshall, Columbus Day Parade, Trenton Columbus Day Observance Committee; Achievement Award of the Law and Justice Alumni Chapter of the College of New Jersey.

Articles by this attorney

Career Jeopardy For Improper Prescribing of Controlled Substances (Featured Within the Spring, 2016 Edition of MDAdvisor)

Defending the "Impossible Day" Healthcare Fraud Prosecution (Featured within the April 2016 issue of New Jersey Lawyer)

Broadening of False Claims Act Liability by Inclusion of Kickback Violations

Practitioner Immunity

DEA Administrative Inspections -Consent Or Not Consent?, January 2012

New Weapon to Combat False Claims Against New Jersey's Medicaid Program, October 2011

Licensure and Credentialing Consequences of a State Health Care Fraud Conviction in New Jersey, May 2011

Compliance Programs - A Preemptive Strike, November 2007

From PIP ARB to Penitentiary, August 2007

Federal Tools To Combat Health Care Fraud and Abuse, April 2007

The Criminalization of Medicine, November 13, 2006


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