Represent a PT clinic in parallel criminal and civil federal health care fraud investigation involving False Claims Act allegations related to overbilling issues based on misapplication of CPT codes and allegations of misuse of unlicensed technicians.
Represented the Supreme Court of Appeals of West Virginia in cooperating with multiple federal grand jury investigations and overlapping impeachment proceedings involving alleged misconduct by certain sitting members of the Court.
Obtained dual federal and state cooperation agreements securing declination of prosecution of a global nuclear engineering company in a multibillion-dollar securities and fraud parallel criminal prosecution.
Represented an international construction company in responding to information requests related to high-profile litigation involving a prominent American politician.
Obtained declination for a midstream gas company following yearlong investigation by the EPA and DOJ involving allegations of criminal Clean Air Act violations.
Defended a specialty metals manufacturer in an investigation by the criminal enforcement division of the US DOT and DOJ Main Justice involving an allegation of the illegal, cross-country transportation of a hazardous material.
Represented a Fortune 500 company cooperating with multiple simultaneous federal grand jury investigations focused on violations of the Bank Secrecy Act and other international fraud and anti-money-laundering related allegations.
Represented an energy executive of one of the nation's largest coal companies related to a parallel federal and state government investigation arising out of an alleged underground fire involving a longwall operation.
Defended a couple alleged to have been involved in an insider trading scheme involving a sitting member of Congress.
Represented a multinational energy company in an SEC investigation focused on potential securities fraud violations related to revenue recognition manipulation by the parent company.
Represented one of the nation's largest natural gas producers in a grand jury investigation arising out of a natural explosion that leveled a residence and resulted in personal injury to the residents.
Represented members of the oil and gas industry responding to inquiries initiated by the Pennsylvania Attorney General’s Antitrust Section and Bureau of Consumer Protection.
Represented a Midwest natural gas producer and processor in response to an investigation undertaken by the US Department of Interior Office of Inspector General related to the alleged underpayment of helium royalties.
Represented a private provider of drug and alcohol rehabilitation services in a Pennsylvania statewide grand jury investigation involving unique issues of confidentiality under both state law and 42 C.F.R. Part 2.
Defended a high-net-worth individual charged in multimillion-dollar mortgage fraud scheme.
Internal Investigation-Related Experience
Conducted a yearlong, cross-border internal investigation involving allegations of accounting fraud that required the collection of evidence from the United States and Japan for a client in the energy sector as a result of a US$6 billion cost overrun on a first-of-a-kind construction project.
Represented an international construction management company in navigating a high-profile Maltese public corruption investigation.
Represented a multinational company in assisting the DOJ and IRS investigate and prosecute a former employee who embezzled nearly US$15 million.
Conducted an internal investigation for a wastewater utility arising out of alleged violations of a first-of-a-kind industrial pretreat program, which required analysis of unique environmental regulatory compliance issues.
Conducted a cross-border internal investigation involving evidence in the United States and France for a client in the energy sector arising out of a whistleblower complaint of management’s alleged failure to timely recognize costs in its estimate to complete a construction project for a state-owned utility.
Advised one of the world's largest tire recyclers on anti-money-laundering issues related to cross-border transactions between US and Mexico.
Investigated allegations of systemic sexual harassment by a mid-level manager of an energy client.
Conducted a cross-border internal investigation involving allegations of workplace and financial misconduct by the manager of a US-based energy client’s Korean subsidiary.
Conducted an internal compliance investigation for a client in the energy sector arising out of an ethics hotline complaint alleging the Chief Operations Officer was authorizing improper promotions and salary increases based on a sexual relationship.
Conducted an investigation into allegations of employee sexual misconduct on behalf of a nonprofit client who services the adult mentally handicapped community.
Advised a nonprofit that provides mental health services to youth in Western Pennsylvania in responding to inquiries regarding alleged fraudulent billing practices initiated by the Pennsylvania Attorney General’s Medicaid Fraud Control Unit.
Obtained dismissal of multiple royalty class actions for several Marcellus Shale gas play producers by strategically invoking arbitration provision and defeating class status.
Energy and Construction Practice Experience
Defended a prolific Marcellus Shale and Utica Shale producer in a bet-the-company class action related to allegations of underpayment of royalties.
Represented a midstream company and an interstate pipeline in a contested Public Service Commission proceeding regarding the acquisition of 1,000 miles of intrastate gathering lines, which included oral argument before the Supreme Court of Appeals of West Virginia.
Defended multi-plaintiff litigation challenging a producer’s approach to royalty calculation under West Virginia’s seminal cases of Wellman v. Energy Res., Inc., 557 S.E.2d 254, 256 (W. Va. 2001) and Estate of Tawney v. Columbia Natural Resources, L.L.C., et. al., 633 S.E.2d 22 (W. Va. 2006).
Represented a natural gas producer in resolving a series of commercial disputes arising out of a digital asset mining operation conducted on-site at the well pad, including regulatory compliance issues.
Defended a producer in a lessor litigation alleging a breach of a duty to further explore.
Defended a producer in an alleged “washout” case brought by an overriding royalty interest holder.
Represented a midstream company in pursuing a US$20 million claim for defective design and construction of one of the largest retaining walls in the eastern United States.
Represented a pipeline company in dismissing mechanic’s lien filed by terminated contractor on US$10 million pipeline project.
Defended a midstream company in a right-of-way dispute.
Represented a non-operator in the acquisition of a field of hundreds of shallow wells in southwestern Pennsylvania from the natural gas producer.
Defended a gas fractionation facility in a series of nuisance claims.
Health Care Fraud Practice Experience
Defended a community-based hospital system in a federal grand jury investigation focused on alleged violations of 18 U.S.C. § 1347 involving the performance of medically unnecessary procedures in the cardiology program.
Defended a community-based hospital system in the defense of a qui tam action that included allegations of Anti-Kickback Statute and Stark Law violations related to physician-practice acquisitions and False Claims Act violations arising out of the facility’s “Incident to” billing procedures.
Conducted an internal investigation on behalf of a podiatry practice following a UPIC audit request involving "impossible day" billing allegations.
Represented a podiatry practice in responding a government inquiry related to billing and claims procedures for skin grafting and related procedures.
Other Representative Experience
Appointed as special counsel to the Pennsylvania State Senate’s bipartisan Special Committee on Senate Address to consider the removal of then-Attorney General Kathleen Kane.
Appointed as bipartisan committee counsel for the Pennsylvania House Select Committee on Restoring Law and Order charged to investigate conduct of a sitting elected official.
Represented a candidate for the Supreme Court of Appeals of West Virginia in the appeal of two rulings by the West Virginia State Election Commission to provide public campaign financing to candidates for the Supreme Court in the May 2016 election.
Prosecuted a financial institution through the use of a deferred prosecution agreement for failing to file Suspicious Activity Reports, Currency Transaction Reports, and other willful violations of the Bank Secrecy Act, and coordinated settlement with DOJ Asset Forfeiture and Money Laundering Section, Federal Deposit Insurance Corporation, and the Financial Crimes Enforcement Network. United States v. Bank of Mingo, No. 2:15-00129.
Prosecuted one of the only “internal cyberattack” cases involving a former information technology network engineer for an exploration and production company, who was convicted under 18 U.S.C. § 1030, the federal cybercrime statute, for crashing the company’s data storage area network server and backup systems after he learned of his imminent termination. United States v. Ricky Joe Mitchell, No. 2:13-00201.
Prosecuted a criminal trademark infringement case involving an equipment repair shop owner, who was convicted of an intellectual property crime under 18 U.S.C. § 2320 arising out of the misuse of counterfeit labels affixed to refurbished electrical breakers, which had originally been manufactured specifically to heightened standards for use in the coal mining industry. United States v. Freddie Dean Ball, Jr., No. 2:13-00212.
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