Anthony Mirenda represents corporations, officers, directors and other individuals in federal criminal and regulatory investigations, particularly concerning allegations of securities, health care, and government contracting fraud, and in complex civil litigation. He has tried complex civil and criminal cases in federal and state courts. In addition, Tony is a senior attorney supervising Foley Hoag's extensive pro bono program providing representation for domestic violence victims. Tony's Business Crimes and Government Investigations practice includes representing health care and high tech companies, government contractors, and financial services firms, and their executives and employees. He represents clients in connection with federal and state investigations and prosecutions, as well as civil claims brought under the federal false claims act and RICO statute. Tony's practice also includes representing public companies, board committees, and officers and executives in federal criminal, civil and administrative securities investigations. He defends auditors against federal securities and common law fraud and negligence claims arising out of financial statement audits brought by audit clients, investors and others. His work with high tech companies includes responding to investigations by federal agencies including the Defense, Justice, Commerce and State Departments in matters involving government contracting and alleged false claims, export controls and controls over classified information, the Foreign Corrupt Practices Act, and alleged theft of technology or proprietary information. He also represents high tech companies in cases involving their software or other technology, including alleged theft of proprietary technology. His work with health care clients includes representing providers, pharmaceutical and medical device companies, and others in cases involving alleged Medicare and Medicaid fraud, and FDA or other federal regulatory violations. He also counsels financial institutions in connection with federal investigations concerning bank fraud, FDIC regulatory violations, money laundering and related allegations, and represents corporations and individuals in federal and state tax investigations. In addition to his trial work, Tony counsels corporations and other organizations that have been the victims of criminal wrongdoing, and has assisted clients in pursuing criminal referrals, civil actions against the wrongdoers, and fidelity insurance claims. He helps clients address a range of regulatory and corporate compliance issues, plan and execute internal investigations, and develop and implement corporate compliance programs. Tony is a senior attorney supervising Foley Hoag's pro bono Domestic Violence Prevention Project. He helps victims of domestic violence obtain and enforce restraining orders, and in related criminal proceedings. He has written amicus briefs on behalf of organizations including the Women's Bar Foundation, Jane Doe, Inc., and the Domestic Violence Council, Inc. in cases raising issues of concern to victims of domestic violence. Over the past two decades, Tony has provided education and training for law enforcement, health care professionals, lawyers and law students on issues of domestic violence. Representative Experience The following is a brief summary of Anthony's experience and accomplishments: · Business Crimes And Government Investigations
- Won the dismissal of all allegations in favor of a former executive at Putnam Fiduciary Trust Co., a financial services company, in a SEC civil enforcement action in a case arising out of a complex group of transactions concerning the combination of certain defined-contribution plans. The win was affirmed by the First Circuit in 2009.
- Represented a high tech company in an internal investigation of potential export control violations, avoiding sanctions by voluntary disclosure and implementation of necessary corrective measures.
- Represented an international manufacturer in an internal investigation of an alleged vendor kickback scheme and other wrongdoing involving senior company executives, pursuing civil RICO actions against individuals and vendors involved. Obtained successful recovery.
- Represented a financial institution in an internal investigation, and subsequent civil litigation, concerning alleged wrongdoing by senior management, including allegations of fraud, FDIC regulatory violations, and environmental violations. Succesfully represented the institution in pursuing recovery on fiduciary insurance for several million dollars.
- Represented a nationally recognized not-for-profit organization in an internal review concerning allegations regarding fundraising activities.
- Represented a multi-billion dollar pension fund in an internal investigation of alleged wrongdoing by fund management and others.
- Defended a government contractor against federal charges regarding alleged theft or other misuse of classified and/or proprietary information from the government in parallel criminal and civil investigations.
- Defended a government contractor against claimed violations of the federal False Claims Act asserted in a qui tam action by a purported whistleblower, persuading the federal government not to intervene in the case and eventually obtaining dismissal of all counts.
- Represented a corporation in an extensive federal investigation and parallel criminal and qui tam proceedings involving alleged Medicare fraud and false claims.
- Defended an individual against federal espionage and other charges regarding the alleged theft of proprietary technology and classified information. · Trademark
- Represented the American Fidelity Group, which provides insurance and financial services, in federal litigation brought in Pennsylvania and Oklahoma, to protect its right to the American Fidelity name, fully vindicating American Fidelity's rights at trial.
- Represented a national financial services institution in litigation to protect its trademark rights.
- Represented Converse Inc. in litigation to protect its famous trademarks, including the All-Star mark.
- Defended a national and international manufacturer and distributor of health care products against claims of trademark infringement. · Business Disputes And Commercial Litigation
- Represented international enterprise in federal court litigation involving claims of commercial wrongdoing , fraud and bribery. At trial, obtained multi-million dollar judgment for client.
- Defended a high-tech provider of custom hardware and engineering solutions against claims asserted by a competitor of trade secret theft, copyright infringement and DMCA violations.
- Defended a Big Four accounting firm and its partners against allegations of fraud, breach of fiduciary duty and civil RICO in a four-week jury trial. Plaintiff-investors claimed that the company's financial statements materially misstated complex issues of purchase accounting, revenue recognition and reserves relating to government payors. The jury exonerated the firm and its partners of fraud, breach of fiduciary duty and civil RICO, awarding only a small fraction of the amount sought by plaintiffs.
- Defended a national bank against claims of fraud, obtaining summary judgment dismissing claims. The win was affirmed on appeal.
- Defended a government contractor and an individual against federal charges regarding alleged export violations concerning military technology.
- Represented a national publishing company in an internal investigation of alleged kickbacks and gratuities to senior executives, pursuing a civil RICO action against individuals and contractors involved. Professional / Civic Involvement · Federal Bar Association, Executive Committee Member · Federal Bar Association, Past National Vice President for the First Circuit · Federal Bar Association, Past President, Massachusetts Chapter · Boston Bar Association, Member · Massachusetts Bar Association, Member · American Bar Association, Member · National Association of Criminal Defense Lawyers, Member · Community Legal Services And Counseling Center, Immediate Past President of the Board of Directors · Domestic and Sexual Violence Council, Inc., Member of the Board of Directors Speeches and Conferences Monetary Remedies: Calculating Damages and Profits, "Matters of Legal Proof", AIPLA Spring Meeting (May 2008) Publications · "Roundtable Series 2007: Internal Investigations - Current Issues, Practical Guidance," ALM GC NEW ENGLAND (Q4 2007) |