White Collar/Regulatory Compliance
White Collar Criminal Law encompasses a variety of complex legal issues and challenges commonly faced by people and organizations accused of fraud (housing, banking, securities, accounting, tax, healthcare), antitrust violations, export control improprieties, RICO, and environmental and other regulatory offenses. Matt provides an integrated, client-centered approach to determining the best course of action that will enhance his client’s ability to achieve a favorable outcome.
As an attorney who specializes in this field of practice, Matt brings more than thirty years of training and experience to task as a successful litigator. Matt’s goal is to give you information and available options while guiding you through the legal process. In addition, Matt will create a comprehensive strategic plan, specific to your personal situation, that will be both effective and cost efficient.
Sub-specialties of Matt’s practice include representing law enforcement personnel against allegations of misconduct as well as the full range of administrative, civil and, if necessary, criminal proceedings.
Matt’s proactive approach to assisting his corporate clients also includes helping them to avoid official allegations of misconduct by working with them to design and implement effective compliance programs. In this area of his work, Matt is often called upon to conduct internal investigations for his corporate clients in matters involving healthcare violations (e.g., Medicare fraud), securities improprieties (e.g., inside trading), intellectual property theft, accounting irregularities, export controls, and antitrust issues. Where appropriate, Matt has assisted clients in making voluntary disclosures of wrongdoing, enabling them to secure protection under government “safe harbor” programs.
Matt’s Civil Litigation focuses primarily on “quasi”-criminal matters involving civil fraud (e.g., partnership misconduct), conversion (i.e., theft), defamation, and mishandling of intellectual property. However, he has also handled a variety of more commonplace civil claims. A brief list of common civil claims Matt has been involved with includes cases where he:
- Served as special litigation counsel for a major property management firm challenged by several tenants’ rights organizations to its proposed purchase of multiple low-income housing projects and helped negotiate a settlement with the tenants’ organizations that allowed the client to complete its purchase of the properties.
- Secured the prompt dismissal of an action for negligence against a corporation providing bill paying services.
- Defended a correctional officer against civil claims for violating the constitutional rights of prison inmates. Obtained the dismissal of the actions against the officer.
- Served as local counsel for a national apparel manufacturer in an action against the company for declaratory relief that threatened the company’s right to exclusive control of its website. The action was dismissed promptly on jurisdictional grounds.
- Represented an insurance brokerage firm against claims of negligence and breach of fiduciary duty.
[DISCLAIMER: Every case is different and these past successes are no indication that the same results will be achieved in any future case.]
Healthcare False Claims
Healthcare Fraud involves violation of laws affecting patient care. These include false claims associated with
- medical care or services
- medical diagnosis and treatment
- drugs and biologicals
- supplies, appliances, equipment, hospitals and other facilities
- violations of the Stark and/or Kickback statutes.
A separate area of Matt’s expertise involves the prosecution of healthcare fraud (including pharmaceutical fraud and Medicare fraud), and lawsuits for whistleblowers under the qui tam provisions of the Federal False Claims Act. In partnership with Nolan Auerbach & White, P.L., one of the preeminent whistleblower firms in the country, Matt handles healthcare fraud qui tam cases. Combining his talents with the false claims expertise of Nolan Auerbach & White, Matt and his colleagues offer full familiarity and experience with the statutes, regulations, and CMS and OIG views of the various areas of healthcare fraud. Nolan Auerbach & White has a long record of published articles on various areas of healthcare fraud. In addition, the Firm has been an expert source for the media (“In The News”) for over a decade, and has a long track record of success as noted in the Firm’s recent notable cases. For more information about federal false claims cases, or Nolan Auerbach & White, visit http://www.whistleblowerfirm.com.
Matt has mediated scores of civil disputes over the past 20 years since completing his training with ADR Applications, Inc. in 1996 to become a certified mediator. He currently serves as a neutral on the panel for the Alternative Dispute Resolution (“ADR”) Program for the federal district court in San Francisco. He also regularly serves as a settlement referee for the Marin County Superior Court. Matt has helped many parties to fully resolve their disputes through the ADR process, enabling them to avoid the stress and expense of further litigation.