Cases
Experience: Representative Trial Experience: Embezzlement from union funds, bank fraud,
tax evasion (client was the president of one of the largest unions in the country).
Insider trading (client was a CEO of a computer software firm charged with selling $16 million of stock in a six-week period).
Revenue recognition securities fraud (client was a former CFO
acquitted of all securities fraud counts after a four-week trial).
Money laundering
wire fraud (client was a former CEO
was acquitted of all charges after a three-week trial).
Environmental offenses (corporate client was acquitted of environmental offenses after a one-week trial).
Health care fraud (client was the national sales director of a medical device company - after seven weeks of trial
60 government witnesses testified, the government voluntarily dismissed all charges).
Money laundering
gambling (client received probation at sentencing).
Health Care Fraud
False Claims Act: Retained to replace local counsel as lead trial lawyer in a federal lawsuit against a health care system that placed an eight-month pregnant woman under a psychiatric hold pursuant to state law until the child was born. After the birth, the woman was released from the psychiatric hold,
against medical advice, left the hospital at 3:00 am to w
er the streets in Nevada in November, only to die of hypothermia a short time later.
Led a False Claims Act investigation into a health care system in the Midwest United States related to allegations over billing for unnecessary stent placements by an interventional cardiologist.
Led a False Claims Act investigation into a health care system in the Western United States related to improper
unnecessary gynecological procedures by a urogynecologist.
Led a False Claims Act investigation into a health care system in the Midwest United States related to medically unsafe surgical procedures by a cardiothoracic surgeon.
Led a team of more than 50 lawyers in an FCPA investigation in China related to inappropriate benefits provided to health care professionals associated with educational seminars.
Led a team of more than 40 lawyers in an FCPA investigation in Saudi Arabia
Dubai related to bribing of government health care officials for the purpose of obtaining additional business.
Currently leading a team of more than 25 lawyers in an FCPA investigation in China related to selling health care products at inflated prices to create additional margin for distributors for the purpose of bribing health care professionals in government-controlled hospitals.
Led a team that secured the dismissal of a False Claims Act lawsuit for a multinational manufacturer. After a six-year investigation, the Department of Justice (DOJ) declined to intervene,
the relator dismissed their complaint upon the filing of client's motion to dismiss.
Represented a medical device company in a DOJ parallel investigation involving off-label use.
Represented a hospital in an investigation into alleged false submissions in their cost report.
Represented a DME company in a DOJ parallel investigation involving improper reimbursement of power wheelchairs. Achieved a declination in the criminal matter after a four-year investigation by DOJ
settled the potential $500 million liability under the False Claims Action for $7 million.
Represented a multinational company in a civil False Claims Act matter involving hearing protection
related debarment proceedings by the Department of the Army. Resolved the False Claims Act matter for a nominal settlement
resolved the debarment proceeding in favor of the client.
Represented a national bank in a False Claims Act matter involving HUD-related mortgages.
Represented a public company that operated 84 skilled nursing facilities in a DOJ health care fraud investigation, which included the execution of seven simultaneous search warrants at various facilities.
Represented a health care insurer in an internal investigation involving $50 million billing fraud by providers. Worked with DOJ to obtain the first Medicare Part C preliminary injunction
forfeiture in the country, resulting in more than $500,000 being returned directly to the client from the bank account of a perpetrator.
Represented a medical device company conducting due diligence on an acquisition of another company which was under DOJ investigation.
Represented a defense contractor in civil False Claims Act matter, which was dismissed.
Represented three pharmacies in civil False Claims Act matters, which were all dismissed.
Represented a government contractor in civil False Claims Act matter, which was settled on a common law claim.
Represented a hospital in civil False Claims Act matter, which was settled on a common law claim.
Foreign Corrupt Practices Act
Cross-Border: Representing a multinational company in an FCPA investigation in China involving the health care business. This investigation includes working with local Chinese counsel on the interaction of various Chinese laws, including their recently enacted blocking statute, as well as Chinese employment
state secret laws.
Represented one of the world's largest hotel groups in relation to the commission of a terrorist attack at one of the hotels it manages in Africa. The terrorist attack was conducted by two terrorists associated with an offshoot of Al Qaeda, wherein they attacked the hotel with automatic weapons
h
grenades
took hostages, killing 20 guests
employees from numerous countries before themselves dying during the rescue attempt by local military forces. Advised the hotel group during the crisis itself, as well as coordinated the law enforcement
intelligence agency investigations, while also conducting an internal investigation, including the interviews of more than 20 individuals in Africa,
conducting a security assessment for the client.
Conducted the internal investigation of a publicly traded UK construction company into allegations of bribery involved with the building of a $100 million hospital in Morocco. As a result of the internal investigation, the company self-disclosed to the UK Serious Fraud Office
became the first company in history to resolve a bribery matter under Section 7 of the UK Bribery Act.
Represented a company conducting an FCPA investigation as a result of an acquisition of a foreign company in the insurance industry.
Represented a company conducting an FCPA investigation as a result of an acquisition of a foreign company in the oil
gas industry.
Financial Fraud: Represented a financial institution regarding investigations by several state Attorneys General
the Consumer Financial Protection Bureau (CFPB).
Represented a hedge fund investigated by the SEC
involved in various litigation involving a $3.4 billion Ponzi scheme.
Represented a former union official in a DOJ criminal case involving embezzlement, as well as tax
bank fraud.
Represented an individual in $41 million bankruptcy matter involving allegations of fraud.
Represented a life insurance company in an investigation into a $183 million STOLI fraud scheme.
Represented an owner
sole proprietorship company charged with E-rate fraud. The company pled guilty
immediately closed business,
the owner had all charges dismissed.
Conducted an internal investigation for the audit committee of a national bank.
Securities Fraud: Represented a former CEO of a pharmaceutical company on channel stuffing
$300 million securities fraud charges. The CEO cooperated with DOJ
SEC
received a sentence of six months' home confinement
settled civil charges with the SEC.
Represented a sales manager of a public company charged with securities fraud. The sales manager cooperated with DOJ
SEC
received a sentence of six months' home confinement.
Represented at trial a CEO of a computer software company charged with insider trading for selling $16 million of stock in a six-week period.
Represented at trial a former CFO accused of revenue recognition fraud who was acquitted of all securities fraud counts after a four-week trial.
Represented the audit committee of a public company during an SEC-DOJ investigation.
Conducted an internal investigation for the audit committee of a major oil
gas company into allegations that its CEO was front-running business opportunities
usurping corporate opportunities. As a result of the internal investigation, the CEO was terminated. This matter was highly publicized in the Wall Street Journal
led to shareholder action, after the company paid the CEO $95 million in severance.
Criminal Antitrust: Represented an officer of a company in a bid-rigging antitrust investigation. Received a declination of prosecution.
Represented the senior American officer of a Canadian packaged ice company in a DOJ antitrust investigation. The officer pled guilty to market allocation violations
received a sentence of six months' home confinement.
Criminal Environmental: Represented an agricultural company under DOJ/EPA criminal investigation involving environmental offenses.
Represented a multi-national chemical manufacturing company in various investigations into releases of various chemicals into the air
water.
Represented a metal finishing company in a criminal jury trial for Clean Water Act
official false statement violations. The company was acquitted of all offenses.
Represented the CEO of a metal finishing company charged with violations of the Clean Water Act
RCRA. The client received probation.
Miscellaneous: Represented a school board member under investigation for corruption.
Represented a former bank vice president in five state court civil fraud lawsuits involving allegations of $35 million fraud
related federal criminal case.
Represented several defendants in court-appointed matters involving electronic surveillance, RICO, conspiracy,
mail
wire fraud.
The above representations were h
led by Mr. Michael prior to his joining Greenberg Traurig, LLP.
Government Experience: Assistant United States Attorney, District of Minnesota, 1996-2000
Deputy Chief, Assistant United States Attorney, Southern District of Florida, 1990-1996
Military Experience: Judge Advocate, 82nd Airborne Division, 1985-1987
Judge Advocate, 7th Special Forces Group, 1988-1989
Served in the Chief of Staff of the Army's Office conducting oversight on Special Access Programs (black ops), 1989-1990
Detachment Comm
er, a Special Forces 'A' Team with 11th Special Forces Group, 1992-1994
Became the second Army lawyer to ever graduate from Special Forces Officer Qualification Course (earning a Green Beret)
