Overview

With increasing frequency, state and local law enforcement and regulatory agencies are investigating criminal, civil, and regulatory wrongdoing and non-compliance. From some of the most venerable private and public entities to individuals facing unchartered waters, the proven legal talent at Hinckley Allen provides invaluable counsel and helps clients avoid liability and return to doing what is most important to them: growing and operating their businesses and getting back to their lives. Our lawyers are seasoned trial attorneys and former federal and state prosecutors, well-equipped to help you navigate criminal, civil and regulatory matters at every stage—from proactively advising on compliance programs in health care, public procurement, and construction, to defending companies and individuals facing government scrutiny and allegations.

Our team is at your side from the start of a government investigation or enforcement proceeding, helping you negotiate and respond to government subpoenas or other inquiries. We will take you through the whole process, from internal workplace investigations, grand jury proceedings, trials, and appeals. We provide robust defense for individuals and companies facing federal or state criminal charges and/or regulatory violations.

The rigorous pursuit of smart resolutions.

Our White Collar & Government Enforcement attorneys are renowned and respected for their experience, ability, and instinct to get things done. A practical, strategic viewpoint informs everything we do. Our top-tier legal teams are staffed for maximum impact and value, and our attorneys have been involved in many of the region’s most high-profile white collar prosecutions in health care, government contracts, financial services, and public corruption. They are nationally ranked and recognized by Chambers & Partners and Best Lawyers, among others, for their outstanding results.

 

Services

Government enforcement touches every industry. We counsel clients in matters that include:

  • Construction Fraud/Disputes
    • Procurement Fraud
    • Mismanagement of Government Contracts
    • Disadvantaged Business Enterprise (DBE) and Minority Business Eligibility (MBE)
    • Workplace/Accident Investigations
  • Corporate/Shareholder Fraud
  • Cybersecurity/Data Privacy Breaches
  • Federal and State False Claims Act
  • Federal Contractor Non-Compliance/Institutional Research Compliance
    • Conflicts of Interests and Foreign Influence on U.S. Based Research
    • NIH Research Integrity and Workplace/Anti-Harassment Policies
    • Environmental Protection Agency
    • Department of Defense Contracting
    • U.S. Armed Forces (Air Force, Army, Coast Guard, Marines Corps, Navy, Space Force)
    • Procurement
    • Export Control/ITAR
  • Foreign Bribery Cases
  • Heath Care Fraud
    • Medicare/Medicaid Fraud and Overbilling
    • Anti-Kick Back and Stark Laws
    • Home Health Care Fraud
    • Opioid Diversion
    • Unlawful Sales and Manufacturing Processes
    • Senior Health/Assisted-Living Based Fraud
  • Higher Education Compliance
  • Immigration Fraud
    • Investment Misrepresentations
  • International Trade Compliance and Prosecutions
  • Public Corruption
    • Embezzlement/Extortion
    • Bribery
    • Kickbacks
  • Securities and Financial Fraud
    • Bank Fraud
    • Insider Trading
  • State Attorney Investigations
    • Civil Investigative Demands (CIDs)
    • Unfair/Deceptive Business Investigations
    • State-based Medicaid Fraud
  • Tax Fraud and IRS Investigations

Representative Experience

Health Care Fraud

  • Represent an individual in a joint federal-state False Claims Act investigation stemming from alleged Medicaid fraud brought in connection with a relator complaint filed in the Southern District of New York.
  • Routinely advise a premier academic medical center on matters of compliance with state rules and regulations, investigations by state agencies, and other legal questions as they arise.
  • Assisted a Licensed Home Care Service Agency in a bid protest against the New York State Department of Health’s award of state contracts to provide fiscal intermediary services as part of New York State’s Consumer Directed Personal Assistance Program. As a result of the bid protests submitted by agencies across the industry, the New York State legislature reopened the procurement process to award additional bids.
  • Defended a distributor of personal protective equipment (PPE) in an investigation arising out of the procurement of N95 respirator masks, ventilators, and hand sanitizer.
  • Successfully settled a wide-ranging federal false claims investigation by the USAO against a skilled nursing company relating to rehabilitation therapy.
  • Defended a home health agency executive indicted for Health Care Fraud; obtained dismissal of criminal charges and persuaded professional licensing board to not restrict client’s professional license.
  • Defended an adult day health care provider in a wide-ranging fraud investigation; ultimately obtained a noncriminal disposition.
  • Represented a national health care company in a multi-million dollar voluntary self-disclosure to the Office of Inspector General.
  • Represented a lab testing executive in a federal criminal and civil health care fraud investigation.
  • Successfully represented a sales executive in the federal criminal investigation of a drug manufacturer relating to alleged criminal sales practices.
  • Successfully represented an executive and employees of a medical device manufacturer during investigation of potential false claims.
  • Successfully resolved investigation of a dentist accused of misuse of narcotics.
  • Represented a prominent heart surgeon at a premiere Boston hospital in responding to a federal grand jury subpoena relating to alleged kickbacks with a large medical device manufacturer.
  • Advised Massachusetts community health center in responding to potential HIPAA violation/data privacy breach in connection with phishing/cyberattack. Conducted internal investigation and risk assessment, and handled all mandated reporting with the Office of Civil Rights (OCR) and analogous state agencies.
  • Successfully represented a doctor accused of overprescribing medications that resulted in overdose and patient death.
  • Secured verdicts of not guilty on all twenty-five charges of second-degree murder against Barry Cadden in the nationally-covered New England Compounding Center criminal case arising out of the 2012 meningitis outbreak.

Banking/Financial Fraud

  • Successfully represented and defended individual in “market timing” criminal investigation.
  • Tried government procurement fraud case to verdict, securing “not guilty” on most serious charge of bribery.
  • Represented an individual in a high-profile $100 million payroll fraud case brought by the United States in the Northern District of New York and New York state in Saratoga County, New York. Assisted our client in a defense strategy that focused on the client’s extraordinary and ultra-timely acceptance of responsibility and cooperation with the government, which resulted in the client receiving a prison sentence that was a significant downward departure from the Sentencing Guidelines.

Professional Misconduct

  • Defended former boarding school psychologist in professional licensing proceeding involving allegations of failure to report abuse. All charges against our client were dismissed.
  • Successfully resolved investigation of nurses arising out of certifying patients for medical use of marijuana.
  • Reached non-public resolutions for attorneys accused of misuse of client funds, failure to adequately represent clients, and other professional misconduct.
  • Successfully resolved investigation of an accountant accused of unlicensed practice.
  • Successfully resolved investigation of a licensed social worker arising out of complaints regarding therapy and billing practices.
  • Successfully advocated for closure of investigation of psychiatrist on probation.

Internal Investigations

  • Spearheaded internal investigation for Fortune 500 company’s special litigation committee of alleged Foreign Corrupt Practices Act violations.
  • Led internal investigation for substance abuse treatment provider of alleged billing improprieties.
  • Conducted a highly-sensitive internal investigation for a premiere research institution into reports of sexual harassment and a hostile work environment by a senior Principal Investigator. Advised the client on related matters involving National Institutes of Health compliance.
  • Conducted a comprehensive, multi-year internal investigation on behalf of a Special Master appointed by Federal District Court to investigate potential overbilling in $75 million attorney’s fee award.
  • Successfully secured a no-prosecution agreement for a prominent law firm partner in an investigation led by the U.S. Attorney’s Office into potential conspiracy with a former client to defraud the government.
  • Conducted an internal investigation into allegations from the 1970s of sexual abuse against a Priest.
  • Conducted internal investigation of fraud by nursing home client responding to a subpoena.

Fraud

  • Defended a prominent attorney in a federal fraud investigation; ultimately succeeding in persuading prosecutors not to bring criminal charges.
  • Represent a CEO in an investigation related to alleged Disadvantaged Business Fraud.
  • Successfully defended an individual in a U.S. Army debarment proceeding involving allegations of import/export violations and contract fraud.
  • Successfully represented employees in state and federal grand jury investigations arising out of the Big Dig.
  • Won landmark federal appeal upholding a no-jail sentence for client convicted of Big Dig highway fraud.
  • Persuaded federal prosecutors not to bring charges against attorney in a bankruptcy fraud investigation; successfully disposed of attorney disciplinary complaint arising out of same conduct.
  • Successfully represented an executive in an investigation of potential fraud in connection with management of a HUD housing development.

Illegal Exports and U.S. Sanctions Violations

  • Persuaded federal authorities not to indict scientist for alleged export crimes after lengthy negotiations.

Research Misconduct

  • Represented a witness in a criminal investigation of a professor’s financial ties to China.
  • Represented a tenured research professor and Chinese national in connection with an FBI investigation into potential economic espionage and/or foreign influence involving China.
  • Advised a non-profit research foundation on potential conflict of interest and patient solicitation concerns with affiliated organizations and providers by revising the foundation’s internal conflict of interest policies and procedures.

School Misconduct

  • Avoided criminal charges issuing against high school athlete for alleged fight with student; negotiated financial resolution with school for damages to client.
  • Successfully defended numerous college and graduate students in disciplinary proceedings involving allegations of sexual misconduct, plagiarism, hazing, assault and battery, and stalking.
  • Successfully represented students in high school and college disciplinary cases.
  • Represent university in employment matters related to Title IX investigations.

State Attorney General/Other State Proceedings

  • Negotiated Assurance of Discontinuance, and averted litigation, after lengthy consumer protection violation investigation against a health plan.
  • Succeeded in closing criminal investigation of nurse for alleged drug diversion and related issues.
  • Advocated for, and obtained, dismissal of criminal charge of kidnapping against client.
  • Represent individuals and companies defending “civil investigative demands” issued by the Massachusetts Attorney General and federal authorities.
  • Favorably resolved a state criminal proceeding involving allegations of larceny and money laundering with administrative probation.

Licensing

  • Dismissal of disciplinary complaint against physician at Board of Registration in Medicine in matter involving a patient death.
  • Won reinstatement of Massachusetts attorney after hearing.

False Claims Act & Kickbacks

  • Obtained civil resolution of federal criminal and civil investigation of alleged kickback between a physician practice and a hospital.
  • Negotiated a non-prosecution agreement and a False Claims Act settlement agreement without the imposition of a monitor for a global publicly-traded corporation accused of paying kickbacks and misrepresenting audit costs on energy conservation contracts with the U.S. Navy.

Gaming Regulatory Fraud

  • Obtained not guilty jury verdicts following a three-week jury trial in federal court in Boston on behalf of a principal in a land transaction with Wynn Resorts Casino, accused of fraudulent concealment of organized crime ownership interest.

Recent Perspectives

Our White Collar & Government Enforcement attorneys react to the latest trends & topics.

See More

Upcoming Events

Join us. Stay current on trends, legislation, industry information, and more.

View Upcoming Events

News & Insight

Firm News

Hinckley Allen Adds National Security Expert B. Stephanie Siegmann to its Litigation Team

March 7, 2022

Hinckley Allen today announced that B. Stephanie Siegmann has joined the firm as a litigation partner and Chair of the International Trade & Global Security practice in its Boston office.“Stephanie is another outstanding hire for our Firm and will be…

Firm News

Hinckley Allen Elevates Ten Attorneys to Partner

January 3, 2022

Hinckley Allen announced today that ten attorneys at the firm have been elevated to Partner.They are: Chad J. Caplan, Christine E. Dieter, Laurel M. Gilbert, Thomas W. Madonna, Jr., Elizabeth J. McEvoy, Alexander P. Montgomery, Libbie Howley O'Keeffe, Dami…

See all Firm News
Publication

Wage-Fixing Suit Signals Shift in Government’s Prosecution of Antitrust Actions

April 26, 2022

Last week, the federal government’s first-ever criminal wage-fixing case ended with acquittals on antitrust charges, although one defendant was convicted of one count of obstruction of justice. Nonetheless, the government’s willingness to bring this ca…

Publication

Hinckley Allen Adds Ex-US Attorney And National Security Expert

March 8, 2022

Law360 spoke with partner B. Stephanie Siegmann, former National Security Chief and Assistant U.S attorney who will spearhead Hinckley Allen’s International Trade & Global Security practice, and expand the Firm’s cybersecurity and white collar/gove…

See all Publications