Kathy S. Marks

Kathy S. Marks

White Plains, New York


Kathy S. Marks graduated magna cum laude from both Georgetown University's College of Arts and Sciences and Georgetown University Law Center, where she was an Associate Editor of the Law Journal. Kathy worked for several years in private practice; first at Golenbock and Barell, and then at Morvillo, Abramawitz, Grand, Iason & Anello, P.C.. Kathy then served as an Assistant United States Attorney for the Southern District of New York for fifteen years, after which she served for three years as Counsel to the Medicaid Fraud Control Unit at the New York State Attorney General's Office.

As Counsel to the Medicaid Fraud Control Unit, Kathy provided counsel to the Director on policy and legal issues in both civil and criminal cases, and created and supervised policies and procedures to implement the New York False Claims Act. Kathy supervised all qui tam cases being investigated and prosecuted by the Medicaid Fraud Control Unit. During her tenure, the New York Medicaid Fraud Control Unit obtained more than $800 million in ordered recoveries for the New York State Medicaid Program.

As an Assistant United States Attorney in the Civil Division, Kathy represented the United States in a variety of defensive and affirmative cases, including prosecuting cases involving health care fraud, environmental law, tax, and employment discrimination, and defending cases involving immigration, statutory and constitutional challenges, personal injury, as well as bankruptcy, contract and real property disputes. She has extensive appellate experience, having filed more than 100 briefs and argued numerous cases in the Second Circuit Court of Appeals. During her tenure as an Assistant United States Attorney, she was promoted to Chief of the Immigration Unit and then became Deputy Chief of Appeals. She has also tried jury and non-jury cases in employment, personal injury, property, civil rights, and fraud matters. Some of her more notable matters included:

  • Successfully argued before the Second Circuit Court of Appeals en banc.
  • Recovered $39 million dollars from New York State and New York City for fraud in connection with the New York City foster care program.
  • Recovered millions of dollars from more than 60 defendants in an environmental action under CERCLA.

For her work as an Assistant United States Attorney, Kathy received a Director's Award for Superior Performance and the New York County Lawyers' Association Award for Outstanding Public Service.

Kathy also has extensive experience with mediation, serving as a volunteer mediator for the District Court for the Southern District of New York for more than 10 years. She is an active member of the Federal Bar Council's Second Circuit Courts Committee and Westchester Committee.

Bar Admissions

New York
New Jersey
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, District of New Jersey
U.S. Court of Appeals, Second Circuit

Areas of Practice

  • Federal and State Commercial Litigation
  • Federal and State Appeals
  • Health Care
  • False Claims Act Litigation


  • Georgetown University Law Center, Washington, District of Columbia
    • J.D. magna cum laude
  • Georgetown University, Washington, District of Columbia
    • A.B. magna cum laude
    • Honors: Phi Beta Kappa

Honors and Awards

  • Selected for inclusion in the New York Metro Super Lawyers list, 2013 - 2015

Professional Associations and Memberships

  • Federal Bar Council, Second Circuit Courts Committee; Secretary, Westchester Committee
  • Mediation Panel, U.S. District Court for the Southern District of New York
  • American Bar Association
  • New York State Bar Association