Cases
Experience: U.S. Sanctions: Represented former chairman
CEO of government contracting
procurement company charged with violating sanctions laws in connection with providing food to U.S. troops in Afghanistan. Following extensive litigation, DOJ entered into a non-prosecution agreement with the client
indictment was dismissed in its entirety.
Health Care/Pharma Prosecutions
Investigations: Represent former Executive Vice President of public company under investigation by DOJ, SEC, State Attorneys General in connection with manufacturing of COVID vaccines.
Represented former chief medical officer of opioid manufacturer.
Served as counsel to global pharmaceutical company in multiple civil
criminal actions
investigations.
Represented former chief compliance officer of a global pharmaceutical company in investigation of alleged 'off-label' (not approved by FDA) marketing of anti-addiction medication.
Represented former president of a global biotech company in criminal
related civil
administrative proceedings concerning off-label promotion of prosthetic bone cement used in spinal surgery.
Represented a former senior executive of a Fortune 500 health care
pharmaceutical company in connection with investigation of company's good manufacturing practices (GMP)
recall of children's medication.
Health Care Fraud Trial: Obtained complete jury defense on behalf of a former pharmaceutical sales executive in a criminal case charging conspiracy
violations of the federal Anti-Kickback statute. Following a two-week trial in U.S. District Court for the District of Massachusetts, in Boston (U.S. v. Bruens, et al.), a jury took less than three hours to fully exonerate the client, who faced up to 15 years in prison.
FCPA Investigations: Represent former executive of multinational mining
trading company in DOJ/SFO investigation of FCPA violations
alleged bribery worldwide.
Represent president of international minerals mining company in DOJ investigation of FCPA violations.
Represented former senior executive of global retailer in investigation by DOJ, Securities
Exchange Commission (SEC),
other agencies into possible violations of the FCPA in Mexico.
Represented former president of a Fortune 500 oil services conglomerate in an FCPA investigation into improper payments to government officials in Africa.
Foreign Agent Registration/Alleged Spying: Represent former software engineer at leading social media company charged with violating laws governing registration of agents for foreign governments
alleged spying for a foreign sovereign.
Washington Metro (WMATA): Conducted internal investigation on behalf of board of directors ethics committee, into ethics violations by WMATA's chairman.
Conducted internal investigation on behalf of WMATA into circumstances surrounding train derailment.
Obtained dismissal of False Claims Act lawsuit on sovereign immunity
other grounds, in Williams v. WMATA, U.S. District Court for the District of Columbia (Mehta, J.).
Defended WMATA in two False Claims Act lawsuits in the U.S. District Court for the District of Columbia
the U.S. District Court for the District of Maryl
. Both cases were dismissed voluntarily by the plaintiffs following the filing of WMATA's motion to dismiss.
Agricultural Bank of China: Represent third-largest Chinese bank in U.S. litigation. Defeated motion to hold bank in contempt
impose $150 million in fines for resisting enforcement of third-party subpoena. U.S. Court of Appeals for the Second Circuit affirmed.
Defense of Journalist: Represented journalist in high profile DOJ investigation of news outlet involving First Amendment freedom of press, Attorney-Client privilege, search
seizure
related issues. Gr
jury investigation closed with no charges.
Government Contracts: Represent president of global defense contractor in investigation of U.S. government contracts in Afghanistan
Iraq.
Cares Act Investigation: Conduct investigation of alleged fraud involving federal Cares Act/PPP loans.
Diesel Emissions Investigations: Represented former senior executive of VW automotive group in investigation by DOJ into alleged fraud in connection with diesel engine emissions testing.
Represented executive of Audi automotive group in investigation by DOJ into alleged fraud in connection with diesel engine emissions testing.
Corporate Looting Trials: Represented the former chairman
chief executive officer of Kansas public utility in DOJ
IRS investigations, related shareholder litigation
arbitration proceedings (dubbed by the media the 'Enron of Kansas'). Lead counsel on three-month trial that ended in a hung jury
second trial ended in conviction but was reversed on appeal
subsequently dismissed.
Money Laundering Trial: Obtained complete acquittal of client in multi-defendant trial of money laundering
tax charges.
Investigation of MF Global: Conducted investigation, on behalf of trustee in bankruptcy, into collapse of global financial broker once led by the former governor of New Jersey
CEO of Goldman Sachs. Prepared report for the court
brought suit for breaches of fiduciary duty.
Pennsylvania Charter Schools Tax Investigation: Represented former chairman of PA Cyber, Pennsylvania's largest charter school corporation, against charges of fraud
tax evasion.
International Tax Investigation: Represented banker at one of the oldest banks in Switzerl
in investigation by DOJ into alleged federal tax evasion related to undeclared offshore accounts.
Antitrust Investigations: Represent former executive of pharmaceutical company in price-fixing investigation.
Represented Fortune 100 company in an international criminal antitrust investigation.
Represented executive of global company in investigation of alleged international cartel activity.
Public Corruption Investigation: Represented commercial real estate developer in investigation of alleged bribery
'pay to play' arrangements with municipal governments
high-ranking public officials.
Freddie Mac: Represented senior executive at Freddie Mac in connection with earnings manipulation investigations conducted by SEC
DOJ.
Defense of Investment Bank Officer in SEC Investigation: Defended a former officer of an investment bank in DOJ
SEC investigations alleging failure to supervise a conflict of interest transaction involving a substantial referral fee. No government action was ultimately taken against our client, after multiple settlement offers from the SEC were turned down.
Investigation of Energy Company: Selected by court-appointed examiner to advise
assist with a federal court's investigation of a multibillion-dollar energy company
preparation of examiner's report following over $2 billion of trading losses
other irregularities.
Campaign Finance/Public Corruption Investigations: Represented various public officials
congressional
campaign staffers in campaign finance
public corruption investigations, including chief of staff to U.S. Senator
campaign finance director for U.S. Senate campaign
press secretary to the First Lady
campaign finance director for U.S. Senator
communications director for Congressional Caucus. Also represent private donors
business lobbyists in campaign finance inquiries, independent,
special counsel investigations.
False Claims Act Litigation: Represented major pharmaceutical companies in qui tam litigation concerning Medicare
Medicaid reimbursement violations, off-label promotion,
other health care fraud-related claims. Obtained complete dismissal of qui tam lawsuit on behalf of pharmaceutical company.
Steroid/HGH Investigations: Represented sports figures in investigations conducted by DOJ
Major League Baseball into use of performance-enhancing substances.
Ruby Ridge: Represented a member of the FBI Hostage Rescue Team in civil
criminal proceedings stemming from the confrontation at Ruby Ridge, Idaho, that resulted in the deaths of a U.S. marshal
two civilians. All criminal charges against our client were dismissed.
The above representations were h
led by Mr. Hoffinger prior to his joining Greenberg Traurig, LLP.
Professional Disciplinary Proceedings: Represent former federal prosecutor in high profile matter charged with violations of bar disciplinary rules.
Government Experience: Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of New York, 1985-1990
Teaching Experience: Adjunct Professor, George Washington University Law School, 2008-Present
Instructor, Georgetown University Law Center's National Institute of Trial Advocacy (NITA), 1992-Present
