White Collar &Government Investigations

• Successfully negotiated a civil resolution of a federal investigation into the submission of false claims for payment to the United States in connection with the Environmental Protection Agency’s Disadvantaged Business Enterprise (DBE) program. The investigation arose out of the client’s improper use of a contractor who was not performing a commercially useful function and, thus, was not an authorized DBE contractor. Also successfully defended the client in a related investigation by the EPA’s suspension and debarment division, which ultimately took no adverse debarment action against the client.  

• Successfully negotiated a civil resolution for a manufacturing client subject to a federal False Claims Act investigation that arose out of the client supplying a China-sourced component part to a US defense munitions contractor without the proper ITAR license.  

• Represented a manufacturing company in connection with providing a voluntary disclosure to the Directorate of Defense Trade Controls – US Department of State (DDTC) concerning a potential violation of the International Traffic in Arms Regulations (ITAR) related to the outsourcing of a munitions component part from China without proper ITAR licenses. The DDTC ultimately closed the case without taking any adverse action or penalty against the client.

• Represented an individual charged with 30 counts of health care fraud and conspiracy to make false statements in connection with health care billing. The case was tried before a federal jury in Utica, New York. 

• Represented an individual in connection with a federal tax investigation. Successfully negotiated a plea agreement that included an agreed-upon sentence and barred the government from bringing any further criminal charges in exchange for a guilty plea to subscribing and filing a false tax return. The client received no jail time. 

• Represented an individual in connection with a federal immigration investigation concerning allegations of harboring illegal immigrants. Successfully negotiated a plea agreement that barred the government from bringing any further criminal charges in exchange for a guilty plea to one count. The client received no jail time. 

• Represented an individual in connection with a federal tax investigation. Successfully negotiated a plea agreement that included an agreed-upon sentence and barred the government from bringing any further criminal charges in exchange for a guilty plea to two counts. 

• Represented a physician accused of health care fraud, including fraudulent billing and falsifying records. Successfully negotiated a civil resolution with no criminal charges imposed. Assisted in instituting a practice-wide compliance program.

• Represented a law firm partner accused of fraud by the US Department of Justice (DOJ) and US Department of Labor (USDOL). No charges or civil penalties were imposed.

• Represented a business owner charged with 21 felony counts of criminal sales-tax fraud involving amounts approaching $750,000. Successfully reduced the counts to one misdemeanor charge of failure to maintain adequate records and successfully negotiated the abatement of civil-fraud penalties.

• Represented a business under criminal investigation by the NY Attorney General’s Antitrust Bureau for numerous violations of antitrust laws under threatened penalties of millions, incarceration for top executives, and forced closure of the business. Negotiated a civil resolution favorably with no criminal charges imposed.

Alerts

• Supreme Court Establishes a Subjective Mens Rea Burden of Proof Under the Controlled Substances Act
• The Supreme Court Clarifies the Meaning of a Personal Benefit in Insider Trading Cases
• The Supreme Court Clarifies the Meaning of a Personal Benefit in Insider Trading Cases
• New York State Department of Financial Services Finalizes Cybersecurity Regulations
• Cybersecurity Update - What to Look for in 2017
• Presidential Commission Report on Cyber Security and What it Might Mean for Your Business
• FTC Reinstates Data Breach Action Against LabMD, Orders Remedial Measures
• Costs of a Data Breach Up to $7 Million Per Incident
• Data Breach Notifications are on the Rise in 2016 and Businesses Continue to Struggle with Liability Issues Relating to Breaches
• Cyber Security Update - The FTC and Class Actions
• The Scope of Reportable Lobbying in New York Just Expanded
• Cyber Security Update - Recent Developments and Expectations for 2016
• Proposed Regulations Set to Toughen New York's False Claims Act
• New Interpretation of the Wartime Suspension of Limitations Act

Press Releases

• Barclay Damon Announces Changes to Firm's Leadership Team and Formation of New Committee
• Six Barclay Damon Attorneys Named Empire State Counsel® Honorees
• Gabe Nugent Promoted to General Counsel at Syracuse University
• Gabe Nugent Appointed Chair of the NYS Judicial Screening Committee for the Appellate Division, Fourth Department by NYS Governor Hochul
• Dan French Returns to Full-Time Private Law Practice at Barclay Damon
• Barclay Damon Recruits Environmental and Ethics Compliance Attorney Bill Holzhauer
• Seven Law Clerks Named Associates After Admission to New York State Bar
• Alexis Kim-Blanco Joins Barclay Damon
• J. J. Pelligra Joins Barclay Damon

News

• Gabe Nugent in the Spotlight: Becoming SVP and GC at Syracuse University
• David Burch Elected to Law360's 2023 Native American Editorial Advisory Board
• Brittany Lawrence Featured in Rochester Business Journal Article on Litigation Risks for Businesses and How to Mitigate Them
• Gabe Nugent Featured in Stat News Podcast on Theranos Fraud
• Gabe Nugent Offers Insight on Theranos Fraud in Stat Article

Blog Posts

• Government Relations 101: What Drives the Government's Decision to Pursue a Medicaid Program Violation as a Crime?
• Government Relations 101: What's a Material Violation of Medicaid Rules and Regulations?
• Government Relations 101: Pharmacy Audits and Investigations: What Can Providers Expect From Regulators in 2024?
• Government Relations 101: The Onsite, Part 2 – How to Act During a Surprise Onsite
• Government Relations 101: The Onsite, Part 1 – How to Prepare for a Scheduled Onsite
• Government Relations 101: The Search Warrant
• Government Relations 101: When the FBI Comes Knocking, Remain Silent