Cases
Cases of Note: White-Collar, Government Investigations
Criminal Matters: Represented major national corporation with operations throughout the country in criminal investigation by the State Attorney General
the Massachusetts Department of Revenue into allegations that client underpaid state income taxes. Obtained a declination of prosecution.
Represented leading Massachusetts civil engineering firm in major criminal
False Claims Act investigation by the State Attorney General into allegations that client had committed environmental crimes
had engaged in fraud in connection with multiple contracts with state agencies
municipalities. Obtained settlement whereby the client admitted no wrongdoing
Attorney General brought no criminal charges.
Represented leading national architectural firm in investigation conducted by U.S. Attorney's Office into alleged health-care fraud arising from a major hospital renovation. Obtained a resolution in which the client made an administrative payment, but no criminal or civil charges were brought against client,
the client made no admission of wrongdoing.
Represented leading national manufacturer of certain construction product in Justice Department Antitrust Division investigation into alleged bid-rigging. Obtained a declination of prosecution.
Represented architectural firm in separate investigations by the U.S. Attorney's Office
the Government Services Administration that arose out of the awarding of a federal courthouse-design contract to the architectural firm. The investigation concluded with a finding that there was no impropriety in the award,
the client retained the contract.
Represented a high-ranking member of the state legislature who was investigated in connection with a major multi-year corruption probe by the U.S. Attorney's Office. No charges were brought against the client.
Represented a corporation's president
sole owner who received a target letter from the U.S. Attorney's Office stating that he was being investigated for environmental crimes
for obstruction of justice. Obtained a resolution whereby the corporation pled guilty to a misdemeanor
no action was taken against the owner.
Represented a bank president in Securities & Exchange Commission Investigation into allegations that client had provided inside information to purchasers of the bank's stock. Obtained a declination of prosecution by the SEC.
Represented the vice president of worldwide sales of a software company in a Securities & Exchange Commission investigation in which the client had received a Wells Notice stating that the SEC staff would recommend to the Commission that the client be charged with revenue-recognition violations. The case was also being investigated by the U.S. Attorney's Office for potential criminal action. Obtained a declination of prosecution by the SEC,
the U.S. Attorney's Office also took no action.
Represented senior state-government official who received a Notice from the State Ethics Commission that it was conducting a Preliminary Inquiry into conflict-of-interest allegations. Obtained a declination of prosecution.
Represented a bank president who received a Notice from the State Ethics Commission that it was conducting a Preliminary Inquiry into whether the president had arranged for a favorable loan for a state official. Obtained a declination of prosecution.
Represented a jeweler in a federal criminal trial on charges that he knowingly received more than $1 million in stolen jewelry. Obtained acquittal of the client at trial.
Represented (as part of trial team) the head of the New Hampshire loan office of a national bank on federal charges of bank fraud. Obtained acquittal of the client at trial.
Represented a housing police officer in state court on charges of assault with a dangerous weapon
illegally carrying a firearm onto a college campus. Obtained dismissal of the firearms charge over objection of the Commonwealth. Obtained acquittal of client at trial on assault charge.
Represented a client charged in state court with assault with a dangerous weapon
two counts of improperly storing a firearm. Obtained pre-trial dismissal of one of the firearms counts over the objection of the Commonwealth. At trial, obtained acquittal of client on the remaining counts.
Represented a client charged in federal court with defrauding investors out of hundreds of thous
s of dollars. Trial resulted in a hung jury.
Represented physician charged in state court with credit card fraud. Persuaded the Commonwealth to drop all charges on the day of trial.
Represented a client who was charged with assault
battery when he physically blocked his daughter from leaving the house. Persuaded the District Attorney's Office to dismiss the charges after presenting the DA's Office with evidence that the daughter was psychologically troubled
that the client was afraid that she would harm herself if she left the home.
Represented in-house lawyer in investigation by U.S. Attorney's Office
Justice Department into allegations that false statements were made to government regulators. Client was not charged.
Represented numerous employees from a total of four different companies in connection with multiple federal
state investigations into the Big Dig. No clients were ever charged or subject to civil action.
Represented client who was being investigated for Campaign Finance Act violations for allegedly reimbursing employees he supervised for contributions the client had induced the employees to make to a political campaign. Negotiated a misdemeanor federal guilty plea involving no term of incarceration.
Represented nurse who allegedly assisted in preparing false records to support Medicaid billing. Obtained immunity for nurse,
no charges were brought against her.
Represented college student charged with possessing oxycontin with intent to distribute (in a quantity sufficient to trigger a m
atory minimum prison sentence of several years)
illegal possession of a firearm. Obtained a Continuance Without a Finding on all charges whereby client avoided a guilty finding
a criminal record. Subsequently negotiated terms with college Dean of Students by which client would be allowed to re-enroll.
Represented numerous individual
corporate victims
witnesses in connection with various government investigations.
Represented numerous college students in academic
non-academic disciplinary proceedings.
Civil Litigation: Represented co-founder of successful real estate investment company in lawsuit with fellow co-founder. After obtaining partial summary judgment
winning a two-week jury trial, settled the case prior to appeal with client receiving a total of more than $26 million in damages, attorney's fees, prejudgment interest, payment for his stock
settlement of a second lawsuit.
Represented limited partner in dispute with general partner over partnership distribution resulting from sale of the partnership's major asset, a large commercial property. Obtained $23 million summary judgment award for client.
Represented professional trustee in successful declaratory judgment action in which Massachusetts Supreme Judicial Court upheld client's position regarding the constitutionality of a state statute regarding the interpretation of trusts
wills.
Represented not-for-profit foundation that was beneficiary of a $20-million estate in complex will-contest action involving dozens of parties. Case settled with client receiving large bequest.
Represented major national broker of computer parts in multiple litigations to enforce the company's non-compete agreements. Obtained preliminary injunctions
, in one case, obtained dismissal of complaint seeking declaratory judgment that non-compete agreement could not be enforced against particular former employee.
Represented defendant in civil RICO action in which plaintiff alleged multi-million dollar l
fraud . Obtained dismissal of the complaint with prejudice in the federal district court, which ruling was upheld by the First Circuit Court of Appeals.
Represented partner in development of property who was sued by former partner, who had ab
oned project when it appeared unprofitable, but who re-emerged after the property was sold for substantial profit. Obtained summary judgment in client's favor on grounds that the former partner had previously filed for bankruptcy, but had not declared his interest in the partnership as an asset.
Represented national corporation that provides back-office services
financing to dental practices that was sued for allegedly tortiously interfering with the sale of a dental practice. Obtained summary judgment in client's favor on all counts.
Represented company that provides billing services to medical practices in lawsuit by competitor alleging that the client tortiously interfered with the competitor's contract with a particular medical practice. Successfully moved to dismiss the complaint.
Represented developer in suit brought by fellow business venturer who claimed he was owed money. Obtained favorable judgment at trial.
Represented ambulance company that had been awarded municipal contract in lawsuit by competitor that had previously held the contract. Successfully defended client against a motion for Preliminary Injunction that sought to prevent client from taking over the contract,
competitor subsequently voluntarily dismissed lawsuit.
Represented client corporation in lawsuit by another corporation that claimed it was entitled to a multi-million-dollar broker's fee. Obtained dismissal of all but one count of complaint at outset of case,
then obtained summary judgment on remaining count at conclusion of discovery.
Represented member
manager of limited liability company in lawsuit brought by fellow 50% member. Settled case with client buying out
obtaining non-compete agreement from the other party.
Represented corporation that developed educational software
which was sued by co-developers of a particular software program. Case settled on favorable terms in which client made no payment of money to co-developer.
Represented renowned scientist who was sued by co-author of a book that was rejected for publishing. Co-author voluntarily dismissed complaint after the filing of motions to dismiss.
Represented board of large condominium complex in dispute with former trustee
with construction manager over allegations that the former trustee
construction manager had conspired to defraud the condominium in connection with major renovation of the complex. Case settled with both defendants on favorable terms.
Represented several video-rental stores in pro bono civil rights
First Amendment lawsuit against municipality that threatened clients with criminal prosecution for renting adult videotapes. After three days of trial, defendant settled by agreeing to make no further threats against clients
taking necessary action to have dismissed the one criminal prosecution that had already been initiated.
Represented major national company that provides lease financing to medical professionals in multiple disputes with its customers.
Represented multiple clients in lawsuits brought pursuant to Mass. General Laws chapter 21E alleging the clients had contaminated neighboring properties with pollutants
Served as pro bono Special Assistant Attorney General in complex case brought against the owner of one of the largest mobile home parks in the state, alleging multiple abuses, including improperly noticing the closure of the park
improperly prohibiting the tenants from purchasing propane from suppliers of their choice. After more than eight years of litigation
a successful partial summary judgment motion, the case settled on favorable terms, including a monetary settlement, the withdrawal of the notice of closure
with tenants free to purchase propane from whichever supplier they chose.
Represented commercial l
lords, including shopping mall,
commercial tenants in numerous lease disputes.
Represented Governor Michael Dukakis
the Dukakis for President Committee in a successful federal appeal of the Federal Election Commission's decision that the Governor
the Committee had to repay some of the federal matching funds they had received in connection with the 1988 presidential election.
Represented (as part of the trial team) a light bulb manufacturer in a fraud
Civil RICO suit against a distributor. Obtained a substantial judgment at trial, which judgment was upheld on appeal.
Represented a municipality in litigation against the bond provider for the general contractor that had built a new high school. After filing suit, the municipality settled on favorable terms.
Second chaired the special prosecutor appointed by a state House of Representatives to conduct the impeachment trial of the chief justice of the state's Supreme Court. In televised trial held before state Senate, conducted witness examinations of, among others, a sitting state Supreme Court justice, a superior court judge, the chief judge of the state's district court system
the general counsel of the state's Judicial Conduct Committee.
Selected Reported Decisions: Watson v. Baker, 44 Mass. 487 (2005)
North Bridge Assocs., Inc. v. Boldt, 274 F.3d 38 (1st Cir. 2001)
Dukakis v. Fed. Election Comm'n, 53 F.3d 361 (D.C. Cir. 1995)
U.S. v. Butt, 955 F.2d 77 (1st Cir. 1992)
U.S. v. Bloom, 865 F.2d 485 (2d Cir. 1989)
View Point Medical Systems, LLC v. Athena Health, Inc., 9 F.Supp.3d 588 (D. Md. 2014)
GTE Prods. Corp. v. Broadway Elec. Supply Co., 42 Mass.App.Ct. 293 (1997)(on brief)
In re: Judicial Conduct Committee, 145 N.H. 108 (2000)(on brief)
U.S. v. DiTommaso, 817 F.2d 201 (1987)(on brief)
