Anthony PachecoPartner

EXPERIENCE

Representation of a pool of employees in a far-ranging Foreign Corrupt Practices Act investigation of a global defense contractor’s operations in Southern California, Mexico and the Middle East.

Lead counsel for high-level executive in a federal criminal prosecution of a major regional hospital regarding hundreds of agreements (options, leases, physician management agreements and outsource collection agreements) used to facilitate improper payments to physicians and to other health care providers in exchange for patient referrals. At the time, this was one of the largest criminal health care cases in the Western region of the United States. The case was resolved such that the executive did not serve a single day of incarceration, despite initial criminal exposure of over 20 years.

Conducted internal investigations for global company regarding FCPA matters in India, The Republic of South Korea, the United Kingdom, and South Africa.

Represented executive in a substantial securities fraud prosecution involving a publicly traded company and allegations of misstatements about inventory allegedly used to inflate the company's financial performance. Resolved case on favorable terms, despite significant criminal exposure.

Handled internal investigation for city in Southern California regarding federal government public corruption inquiry and subsequent prosecution.

Represented executive in wide-ranging public corruption investigation and prosecution involving bribery and related misconduct.

Served as coordinating counsel in a complex health care civil litigation involving multiple state and federal proceedings. The cases ran the gamut from receivership issues to bankruptcy proceedings, to applications for collateral relief, and to appellate proceedings. The issues spanned a wide variety of health care, long-term care, corporate, and regulatory matters, as well as a variety of proceedings involving several judgments collectively exceeding $1 billion.

Served as lead counsel to a system of acute care hospitals in a substantial False Claims Act case by the United States Department of Justice and the California Attorney General's Office. Coordinated with various counsel for the many different owners and executives of the system. The matter involved allegations by a whistleblower of Stark and anti-kickback violations based upon physician directorships. The case resolved on favorable terms.

Conducted an expansive internal investigation in connection with a prominent hospital in Northern California regarding numerous whistleblower complaints.

Represented prominent California state court judges in connection with cyber stalking and harassment.  Obtained injunctive and other appropriate relief on behalf of the sitting judges.

Conducted internal investigation for local water district regarding employee misconduct.

Successfully counseled private equity companies, regional real estate developers, nonprofit schools, universities, and a global religious organization in various unrelated and highly sensitive media crisis matters, spanning a number of difficult and highly visible challenges to the standing of these respective entities in the community.

Handled defamation litigation against attorneys responsible for wrongful pursuit of litigation and media campaign.  Obtained substantial settlements against each attorney.

Represented a large health care system regarding investigations by federal, state and county prosecutors and other regulators concerning a host of legal and regulatory matters ranging from coding issues to directorships to fraud allegations and to the corporate practice of medicine.

Represented a large skilled nursing facility in a criminal investigation involving elder abuse allegations, where presentation to State Attorney General resulted in a declination of prosecution and no administrative actions.

Represented an executive/owner of a defense contractor charged in a federal illegal campaign finance prosecution. Resolved case without imposition of a term of incarceration, despite significant criminal exposure.

Counseled companies in computer fraud and abuse, corporate espionage, and theft of trade secrets investigations, including illegal recordings, extortion, and other misconduct allegations.

Investigated placement of employees into a domestic company by foreign nation for improper purposes.

Represented a nonprofit community health center in a comprehensive internal investigation regarding potentially improper referrals, billing practices, employee misconduct, and other alleged regulatory concerns.

Handled numerous investigations and complaints by the United States Department of Health and Human Services, Office of Civil Rights. Certain complaints against a health care facility and doctors involved the alleged discriminatory treatment of a transgender person, and a separate matter involved potential HIPAA and privacy violations. DHHS did not pursue the matters following the group's internal investigations and submissions.

Represented doctors and medical staff accused of misconduct in criminal and regulatory investigations.

Counseled Chief Medical Officer of regional hospital system in complex civil litigation between national health care systems. Conducted internal investigations of patient death cases (criminal and civil investigations) in skilled nursing facilities, of elder abuse cases (physical and financial) in a variety of different health care organizations, and of executive/employee misconduct in academic medical centers and other health care organizations.

Served as counsel to a pool of sales executives at a large pharmaceutical company in a wide-ranging investigation by United States Attorneys Offices (criminal and civil) in numerous federal districts, and by various State Attorneys General Offices, regarding the sale of opioid products.

United States v. Ferguson, 676 F.3d 260 (2nd Cir. 2011) (fraud convictions vacated where district court abused its discretion in admitting stock price data, and issuing a jury instruction directing verdict based upon causation).

United States v. Nguyen, 81 F.3d 912 (9th Cir. 1996) (upholding convictions where credit cards possessed by defendant were "access devices" within meaning of the statute).

PUBLICATIONS

Author, "Managing Regret: Rule 502, the Disclosure of Privileged Material and Clawbacks" LA Daily Journal

SPEAKING ENGAGEMENTS

Panelist, "Judiciary Under Attack: Confronting Disinformation, Fake News and Online Attacks"
Court Leadership Academy & Conference

"The Mitigation Station: Fraud, Security and Compliance"
CFO Leadership Council Compliance Webinar

"What Health Care Executives Should Know About EKRA"
Vedder Price Webinar

Numerous MCLE presentations regarding pre-litigation demands and extortion