A former client and in-house counsel at a Fortune 1000 company noted: “I have been delighted and impressed with the work he has done. Really – delighted, not a word I use often when I talk about legal work. He is that good.”

Overview

Joel leads the firm's White Collar Criminal Defense & Special Investigations practice group. A former federal prosecutor and public defender, Joel blends relevant government experience with a nuanced understanding of the complex laws and enforcement actions impacting clients facing white collar criminal, civil enforcement and other investigations. Clients rely on Joel to provide a strategy with the best chance of delivering a superior result. He is a tireless advocate who delivers close, personal attention to his clients. Having tried hundreds of cases to verdict, Joel applies his experience to handle cases for wide-ranging industries and issues including healthcare, financial services, corruption, government contracting, cybersecurity, environmental, immigration, and international challenges. He marshals facts, manages evidence, negotiates and conducts effective trial work to achieve outcomes. He is also a former assistant director of enforcement at the Public Company Accounting Oversight Board (PCAOB).

Experience

Health Care

Successfully negotiated and litigated numerous Food & Drug Administration (FDA), Federal Trade Commission (FTC) and Consumer Product Safety Commission (CPSC) matters including off-label marketing of pharmaceuticals and medical devices, tobacco fraud and regulation, FDA approval and clinical testing, compounding pharmacies, CGMP and food and drug inspection issues

Preserved license and kept doors open at a compounding pharmacy confronted with allegations by industry and government that it was producing an alternative version of an FDA-approved drug outside the parameters of FDCA 503A and 503B.

Successfully turned criminal and Stark Act health care (Medicare) fraud investigation of targeted lead physician in a group of specialists into a pennies-on-the-dollar settlement with no admission of liability, and no limitation on future participation in government-funded programs.

Corruption and Government Contracting

Prosecuted United States' civil enforcement action against the tobacco industry under the Racketeering Influenced and Corrupt Organizations (RICO) statute.

No charges or other action brought against clients – construction-consulting firm and its principal – who were targets in District of Columbia City Council political corruption ("pay for play") investigation conducted by Justice Department, Internal Revenue Service and Department of Labor's Inspector General and its Office of Labor, Racketeering and Fraud Investigations.

Convinced Justice Department not to prosecute or pursue other action against then-CEO of subsidiary to large public utility who was identified as a target of a "8(a) set-aside" fraud investigation brought by DOJ Antitrust Division, the General Services Administration and the Public Corruption Section.

Financial Services

Defended former chairman of Philadelphia area bank against TARP-fraud, investor fraud and bank fraud charges brought by Justice Department, working in conjunction with the Special Inspector General for the Troubled Assets Relief Program (SIG -TARP) and the Internal Revenue Service (IRS). Trial resulted in a split verdict.

Persuaded Justice Department and Federal Housing Finance Agency (FHFA) not to prosecute or otherwise bring action against "luxury home" realty corporation and its managing broker who were targets of mortgage fraud and bank fraud investigation.

Represented investment advisor in New York federal court charged with securities fraud and tax fraud in case brought by the Justice Department along with the Internal Revenue Service (IRS).

Convinced Securities Division of the Maryland Attorney General not to bring action against off-shore company suspected of operating "pyramid scheme" within the United States.

Immigration and International Matters

Obtained formal declination of charges for client, a Pakistani business owner (who originally entered the United States through diplomatic channels), targeted in immigration fraud investigation brought by Justice Department and the Department of Homeland Security's National Security & Joint Terrorism Task Force regarding suspected conspiracy to use his business to illegally sponsor Pakistani nationals.

Successfully represented Israeli-national business owners targeted in cross-border immigration fraud conspiracy to bring illegal workers into businesses across the United States – obtaining outcome that kept them out of prison and allowing them to remain in the country. Investigation was jointly operated by the Department of Labor's Office of Racketeering and Fraud Investigations, the Human Rights and Special Prosecutions Section of the Justice Department and the State Department Diplomatic Security Service.

Represented Romanian national in matters related to State Department investigation of potential misconduct by U.S. Secret Service agent – no parties were charged.

Served as U.S. counsel to defend foreign nationals against extradition to EDNY for offshore trading and FATCA (Foreign Account Tax Compliance Act) violation, and to challenge legality of extraterritorial detention and search for evidence by foreign and U.S. authorities.

Successful representation of clients involved in international development projects before the World Bank Sanctions Board and the U.S. Trade and Development Agency (USTDA).

Cyber

Counsel for internal cybersecurity investigation of payment processing company; matter resolved without any government or private claims.

Prepare handbook and conduct training of corporation's counsel and staff regarding the conducting of internal investigations at the company.

Achieved dismissal of federal civil Computer Fraud and Abuse Act case brought by global technology company against our individual client.

Environmental

Represented target of criminal investigation into renewable fuels (RINs) and tax credit fraud brought by Justice Department Environmental and Natural Resources Division, the Environmental Protection Agency, and the Internal Revenue Service.

Miscellaneous

Represented Canadian nationals in investigation of alleged interstate cigarette smuggling by Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Defended on-line education company against civil action brought by the FTC alleging deceptive advertising and marketing fraud.

Represented clients involved in international development projects before the World Bank Sanctions Board and the U.S. Trade and Development Agency (USTDA).

News & Insights

Publications

15 Years of SOX: Avoiding PCAOB Enforcement Sanctions"

"Don't Bet On It: Interstate Sports Betting Markets Hampered By Federal Wire Act"

"Revising FDA 510(k) Poses Challenges For Device Makers"

Professional & Civic Activities

Professional & Civic Activities

Joel is a member of the National Association of Criminal Defense Lawyers’ White Collar Committee and its Health Care Fraud Subcommittee. He taught at the National Institute of Trial Advocacy, the Justice Department’s central training facility, and the National Advocacy Center. Before becoming a lawyer, Joel helped manage Massachusetts’ Medicaid and other low-income health care programs.

Admissions

  • District of Columbia
  • Maryland

Education

New York University School of Law, J.D., 1990

Rutgers University Eagleton Institute of Politics, M.A., 1985

Franklin and Marshall College, A.B., 1984

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