Dwyer & Collora, LLP's white collar criminal practice is one of the largest in New England; the firm’s lawyers have represented corporations and individuals in most of the major federal and state business investigations and prosecutions conducted in New England over the past two decades.
Drawing on their diverse experiences as former prosecutors, large firm practitioners and law clerks, lawyers in Dwyer & Collora, LLP's criminal law practice help clients navigate their way through an increasingly complex and dangerous process. Clients often retain the firm when they first learn they are under investigation. During that stage, the attorneys devote their efforts to monitoring the government's investigation as well as investigating and confronting the government's theories, all with a view to mustering every available defense to a prosecution.
When necessary, Dwyer & Collora, LLP negotiates resolutions that maximize the clients' best interests, often including civil resolutions of criminal investigations or probationary sentences. The firm's lawyers also vigorously defend their clients at trial and on appeal, priding themselves on the energy, creativity and commitment they bring to each case. Many of the firm's greatest victories are the ones no one ever hears about - the many instances in which Dwyer & Collora, LLP has succeeded in convincing the government to conclude an investigation without bringing charges against the firm's clients.
Areas of Expertise
Antitrust Offenses
The Antitrust Division of the U.S. Department of Justice has initiated numerous investigations and prosecutions of individuals and corporations in the District of Massachusetts for violations of the Sherman Act involving price fixing, bid rigging and illegal boycotting. Dwyer & Collora, LLP has been active in such cases, representing corporations and executives in the plastics, health care, paper products, seafood and dairy industries. In some cases, attorneys at Dwyer & Collora, LLP have achieved acquittals after trial, while in others, they have convinced Antitrust Division attorneys not to initiate charges against their clients at all.
Representative Cases:
- Achieved acquittals in Federal District Court in seafood and paper industry price fixing conspiracies.
- Successfully defended large foreign based manufacturer of carbon black. Settled civil multidistrict price fixing litigation in the client's favor.
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Bank Fraud
Lawyers at Dwyer & Collora, LLP have extensive experience representing financial institutions, top executives and directors, real estate developers and other borrowers, outside counsel and law firms in bank fraud investigations and prosecutions. These matters have included allegations of bribery of bank officers, misrepresentations of the value of assets securing a loan, failure to report currency transactions over $10,000, embezzlement and other schemes to defraud banks.
Recently, the collapse of the subprime lending market has sparked a flurry of case inquiries by the Department of Justice. Dwyer & Collora attorneys represent clients in several cases including a subprime lender indicted in federal district court. Click here for Michael Collora's recent article on subprime mortages in Massachusetts Lawyers Weekly.
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Bankruptcy Fraud
As bankruptcy filings escalate, so too does the number of criminal bankruptcy fraud investigations. Indeed, Assistant U.S. Attorneys are specially assigned to prosecute bankruptcy crimes in Massachusetts. The firm has represented debtors and related parties, including spouses and lawyers, under investigation for alleged concealment of assets, false statements to the bankruptcy court, and other federal bankruptcy crimes. A thorough knowledge of the complexities of the bankruptcy laws is required for the successful defense of these matters. Dwyer & Collora, LLP often is referred cases by bankruptcy lawyers who are familiar with the firm's reputation and expertise in this area.
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Corporate Compliance Programs
Dwyer & Collora, LLP assists clients in developing and improving compliance programs. In particular, the firm has been deeply involved with clients in the pharmaceutical, biotechnology and health care industries. Click here for more on Compliance Programs.
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Environmental Crimes
Dwyer & Collora, LLP has represented clients in grand jury investigations and prosecutions of alleged environmental offenses, including Clean Air and Clean Water violations, environmental testing irregularities and toxic dumping. In addition to navigating clients through the criminal process, Dwyer & Collora, LLP has successfully defended clients against the threat of suspension and debarment from government procurement and non-procurement programs at both the state and federal levels.
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Representative Case:
- On behalf of a major international company, Dwyer & Collora, LLP helped secure the first decision by the EPA in fifteen years to refrain from suspending a federal contractor in the face of an ongoing criminal investigation involving EPA infractions. Working with experts in environmental science, Dwyer & Collora, LLP oversaw the development of a state of the art compliance program designed to correct the deficiencies that led to the criminal investigation and to prevent such violations in the future. The compliance program was instrumental in the EPA's decision not to suspend or debar the firm's client from government procurement and non-procurement programs.
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Federal Program and Contract Fraud and Election and Ethics Law Violations
Dwyer & Collora, LLP has represented many companies and their executives under investigation for defense procurement fraud.
Representative Cases:
- The firm represented a multi-million dollar public construction company in an eighteen-month investigation by the United States Attorney's Office and the U.S. Department of Transportation into allegations of fraud and illegal gratuities in the performance of public contracts. Dwyer & Collora, LLP negotiated a settlement in which the company was neither charged nor debarred from public contracting, and assisted the company in instituting a corporate compliance program.
- The firm represented a large construction company in connection with a grand jury investigation of alleged overbilling for services performed in a multimillion dollar, federally-funded public sewer project. The firm's attorneys persuaded the government not to indict the company or its President and avoided criminal charges and debarment completely.
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Foreign Corrupt Practices Act
The Foreign Corrupt Practices Act (FCPA) and the Organization for Economic Cooperation and Development (OECD) Convention have increased the reach and scope of the federal anti-bribery statute. At the same time, the U.S. Securities and Exchange Commission and the Department of Justice have stepped up enforcement efforts dramatically. In the midst of this aggressive enforcement climate, Dwyer & Collora, LLP defended a major international company against allegations of foreign bribery and FCPA violations. This trend in heightened enforcement activity significantly increases the risk to companies doing business abroad, and makes effective FCPA compliance programs an absolute necessity.
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Health Care Fraud and Abuse
Health care fraud and abuse is a major law enforcement priority of the U.S. Department of Justice and the Massachusetts Attorney General’s Office. In fact, the task force dedicated to that effort in the U.S. Attorney's Office in the District of Massachusetts is the most active and aggressive office in the nation. Dwyer & Collora, LLP's attorneys have defended numerous major pharmaceutical, medical device, laboratory, biotechnology and health care companies and their officers, executives and employees in federal and state criminal investigations and prosecutions for nearly two decades.
Because of their wide-ranging expertise in health care law, the firm has frequently defended health care corporations and high-level executives against charges of federal health care fraud brought by the United States Attorney's Office, including one of the first cases in the country predicated upon the criminal enforcement of the Food & Drug Administration's medical device laws and cases spawned by national enforcement initiatives such as Operation Labscam and the investigation of renal dialysis centers. Often these cases have involved coordinating joint defense teams, conducting internal investigations, collecting and analyzing hundreds of thousands of documents, and mounting challenges to novel theories of criminal liability posed by federal prosecutors.
Lawyers at the firm have been able to obtain favorable, non-criminal resolutions that also avoid or minimize collateral consequences such as Medicare/Medicaid exclusion, disciplinary actions by professional licensing boards, and hospital or third-party peer review panels.
Representative Cases:
- Represented Fortune 500 pharmaceutical company in multi-year, multi-issue parallel criminal and civil health care investigation by the U.S. Attorney’s Office in Boston, which resulted in civil resolution of all issues; neither the company nor any employees were charged with crimes.
- The president of a division of national health care manufacturer was indicted for conspiracy to violate anti-kickback and anti-false claims statutes. Dwyer & Collora, LLP was able to intercede and reduce the charges to a misdemeanor and probation.
- A multinational drug manufacturer was indicted on prescription kickback charges. The company pled guilty. Dwyer & Collora, LLP represented a senior executive in a four-month trial where the executive and all co-defendants were acquitted of all charges.
- The Department of Justice investigated a manufacturer of testing equipment and charged the company and its executives with multiple counts of fraud. Dwyer & Collora, LLP successfully represented the senior executive of the company, resolved all issues with no fines, penalties or admission of wrongdoing.
- The Massachusetts Attorney General’s office opened an industry wide investigation of orthopedic shoe manufacturers alleging lack of regulatory compliance and overcharging to the state’s Medicaid program. Dwyer & Collora, LLP represented 8 of the 12 companies that received investigative demands. All of these were resolved with settlement agreements that included no fines, no penalties and no admission of wrongdoing, liability or debarment. For additional representative cases, see Health Care Law/Criminal Investigations/Prosecutions. For a primer on what to do when government investigators appears at the office, click here.
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Public Corruption, Campaign Finance and Election and Ethics Law Violations
Dwyer & Collora, LLP enjoys one of the most active practices in Massachusetts representing elected and appointed public figures in connection with state and federal criminal investigations. Members of the firm's criminal practice group have represented clients in nearly every prominent state political corruption case since the early 1980s, including municipal and county officials, state senators and representatives, high-ranking legislative leaders, government employees and consultants and local, state and national lobbyists.
Dwyer & Collora, LLP also has a presence in public corruption, campaign finance, and election law cases in other jurisdictions, including involvement in the highly-publicized investigation of campaign financing practices of the Democratic National Committee.
The firm regularly defends clients under investigation by federal and state governments and agencies or charged with violations of federal campaign finance and election laws, the Hobbs Act, conspiracy, federal mail, wire, and honest services fraud statutes and state bribery and conflict of interest laws. Its lawyers recognize that representing public figures requires not only a comprehensive knowledge of the law, but also an appreciation for our clients' reputations and approval ratings. As in all criminal and administrative matters, Dwyer & Collora, LLP strives to resolve cases involving public figures quickly, efficiently and, most importantly, before they become public. As a result, some of the firm's proudest achievements are resolutions of corruption, campaign finance and election law investigations that are never brought to light.
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Securities Fraud
The rapid price changes in the stock market can cause substantial losses to investors. This, combined with a vigorous effort by governmental agencies to police insider trading and internal fraud, has created a need for attorneys skilled in these areas. Attorneys at Dwyer & Collora, LLP commonly represent both individuals and companies in dealing with the State Attorney General and the U.S. Attorney regarding fraud in the sale of securities including market timing, market manipulations, revenue recognition and stock option back dating.
Representative Cases:
- Represented brokerage house in Section 11 of 1933 Act Violation. Obtained motion to dismiss in Federal District Court and all clients cleared of any charges.
- Represented trader accused of fraud involving Chicago Board of Trade. Obtained favorable decision in First Circuit Court of Appeals.
- Defended brokers in market timing fraud allegation. Negotiated most advantageous conclusion to allegation. Minimized effect to clients' professional and personal life.
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Sentencing Guidelines
After the 2006 U.S. Supreme Court decision of United States vs. Booker, and its progeny, sentencing advocacy under the US Sentencing Guidelines demands a keen attention to the constant developments in sentencing case law and deep expertise and creativity from any defense counsel. Dwyer & Collora, LLP has an extraordinary depth and breadth of experience and expertise in representing individual and corporate clients at the sentencing stage.
The firm has handled federal sentencing proceedings under the Sentencing Guidelines for mail and wire fraud, bank fraud, securities fraud, honest services fraud, ERISA fraud, tax crimes, embezzlement, theft, extortion, bribery, commercial bribery, offering or receiving gratuities, money laundering, environmental crimes, intellectual property including counterfeiting offenses, violations of food, drug, and medical device laws, immigration and naturalization offenses, offenses involving individual rights including involuntary servitude, obstruction of justice, perjury, contempt, homicide, and conspiracy.
Although Guidelines sentences can be quite harsh, Dwyer & Collora, LLP's attorneys are skilled in shaping creative ways to achieve the most lenient sentences possible. The firm has obtained numerous sentences of straight probation, home detention, or community confinement for its clients, often over the government's recommendation of lengthy prison terms. For example, in 2006 Dwyer & Collora, LLP represented a defendant at sentencing in a multi-million real estate fraud case involving 13 defendants. Only one defendant–the Dwyer & Collora, LLP client–was not sentenced to a term of imprisonment despite the government’s recommendation of incarceration.
A thorough knowledge of the Guidelines and their interpretation by the courts–including the arguments that permit downward departure from the lengthy sentences otherwise advised–reduces the potential severe impact of the Guidelines on the firm's clients and their families.
Dwyer & Collora, LLP also achieves excellent results in state court sentencing proceedings, including pretrial probation, probation, and suspended sentences for charges ranging from Medicaid false claims to tax evasion to arson, and dismissal of more serious charges. Many of our clients face potential collateral consequences on numerous fronts including professional licensing, professional privileges, and immigration status.
Dwyer & Collora, LLP, prides itself on arranging global resolutions that avoid or minimize these effects. When necessary, lawyers in Dwyer & Collora, LLP's criminal practice also help navigate clients and their families through the unfamiliar process of incarceration from designation and classification to release.
Collectively, the firm's attorneys are familiar with the correctional rules and regulations in most detention facilities, houses of correction, or prisons in Massachusetts and the federal Bureau of Prison's Northeast Region. The firm has enjoyed tremendous success in having clients designated to the least restrictive state and federal facilities available and maximizing the period of time served in alternative incarceration facilities such as federal Comprehensive Sanction Centers and state and federal halfway houses.
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Tax Fraud
Dwyer & Collora, LLP represents clients in federal, state and local tax claims and cases. Actions you take during the course of a tax audit can turn a run of the mill tax controversy into a tax fraud case. It is critical that clients have representation from the beginning of their dealings with any tax authority.
The firm has represented companies and individuals in administrative tax disputes before the U.S. Internal Revenue Service and state tax authorities and in federal and state tax cases at the trial and appellate levels. Dwyer & Collora, LLP lawyers work to avoid trial but have tried tax cases in numerous state courts, as well as in the federal District and Appeals Courts. Dwyer & Collora, LLP has experience representing clients in Tax Fraud cases that include the following areas:
- Criminal tax investigations;
- Defending clients against charges of tax evasion, preparation of false tax returns, failure to file and conspiracy to impede and impair the IRS;
- Off-shore tax shelters;
- Employment tax;
- Forfeiture of Assets;
- Money laundering.
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