White Collar Criminal Defense, Government Investigations, and Enforcement Actions

Clements & Pineault brings together decades of experience investigating, defending, and prosecuting alleged violations of state and federal criminal, civil and regulatory law. Through our work in private practice and in offices such as the United States Attorney’s Office, the Office of the Governor, and the District Attorney’s Office, we are intimately familiar with the workings of the state and federal agencies responsible for investigating, enforcing and prosecuting criminal, civil and regulatory matters. Our experience encompasses all stages of the process, from conducting internal investigations, to responding to subpoenas, to meeting with law enforcement to persuade them not to bring charges, to handling complex jury trials in cases that have been indicted. Our clients have included individuals, corporations, subjects and targets in connection with government and internal investigations. Specific matters that we have handled include the following:

HEALTH CARE:

Defense of officers and employees of pharmaceutical and healthcare companies in connection with numerous criminal investigations relating to alleged violations of federal healthcare laws, including allegations of federal programs fraud and other unlawful billing practices; off-label marketing; misbranding; clinical trial violations; kickbacks and unlawful inducements, and other allegedly unlawful sales and marketing practices;

Defense of CEO of Massachusetts medical device corporation in investigation and prosecution in federal district court for alleged unlawful kickback scheme in connection with federal contracts;

Representation of health insurer in connection with Attorney General’s Office investigation of allegedly misleading pharmacy reimbursement practices;

Defense of federal agency physician in false claims act investigation and enforcement action by the United States Attorney’s Office;

Multi-million dollar settlement of qui tam action alleging the submission of false Medicare claims by several Massachusetts ambulance companies;

Investigation of physician practice group for alleged violations of Stark Act;

Investigations of individual physicians for alleged False Claims Act violations involving the submission of Medicare claims;

FINANCIAL SERVICES, SECURITIES, AND OTHER FINANCIAL CRIME:

Representation of mutual fund officers and employees in investigations by the U.S. Securities and Exchange Commission and state agencies of alleged market timing and related violations;

Multi-million dollar settlement of civil and criminal securities fraud claims involving the alleged market timing of mutual funds by employees of national broker dealer;

Representation of numerous corporate employees in investigations by Securities and Exchange Commission and United States Attorney’s Office of alleged stock option violations;

Defense of former controller of public company in investigation and enforcement action by Securities and Exchange Commission and United States Attorney’s Office, and civil class actions, arising out of alleged revenue recognition schemes, stock option violations, and related securities violations;

Defense of senior executive of major technology company in United States Attorney’s Office investigation into alleged fraudulent billing practices;

Defense of several broker dealers in connection with various investigations conducted by the U.S. Securities and Exchange Commission, the United States Attorney’s Office, and various regulatory agencies concerning alleged insider trading, code of conduct violations, and related matters;

Trial of criminal securities fraud action against senior sales executive in connection with the alleged false recognition of revenue;

Trial of fraud case against chief executive who allegedly misappropriated, traded and lost millions of dollars of client escrow funds in stock options;

Investigation and prosecution of multi-million dollar fraud allegedly committed by internal bank executive;

Investigation and prosecution of alleged currency reporting violations by private lender;

Investigation, prosecution and trial of cases alleging various consumer fraud schemes;

PUBLIC CORRUPTION, GOVERNMENT ETHICS, AND LOBBYING:

Defense of executive director of state agency in corruption and fraud investigation by United States Attorney’s Office and enforcement action by State Ethics Commission;

Defense of state contractor and former state official in United States Attorney’s Office and State Ethics Commission investigations and enforcement action relating to alleged self-dealing and conflict of interest violations;

Representation of state employees and state agencies in various investigations by the State Ethics Commission, Attorney General, and United State’s Attorney Office;

Representation of federal law enforcement agent in United States Attorney’s Offices’ investigations of alleged misconduct relating to federal grand jury investigations and related matters;

Service as Chair of the Governor’s Public Integrity Task Force, responsible for initiative and legislative drafting that resulted in the 2009 comprehensive Act to Improve the Laws Relating to Campaign Finance, Ethics, and Lobbying;

Prosecution of two Boston police detectives for a multi-year conspiracy involving extortion, theft, and civil rights violations;

GOVERNMENT CONTRACTING:

Defense of government contractors and employees in civil and criminal investigations and prosecutions involving alleged kickback schemes, procurement fraud, false claims act violations, and federal acquisition violations;

Representation of Commonwealth of Massachusetts in recovery of multi-million dollar contract price following alleged violation of state procurement law;

Prosecution of two corporate executives and outside advisers to the United States Air Force for kickbacks and schemes to defraud the Air Force of over $10 million;

TAX:

Numerous criminal tax investigations and prosecutions of individuals, sole proprietorships and corporations in cases involving alleged failures to file, false returns, and the willful evasion of assessment and payment;

Trial of tax evasion case involving failure of sole proprietor to report $1 million in income;

INTELLECTUAL PROPERTY AND TECHNOLOGY:

Defense of criminal investigation of alleged computer piracy and hacking scheme;

GAMING:

Defense of investigation and prosecution of unlawful gaming activity.

^Back to top