Attorneys

EDUCATION
  • Suffolk Law School, J.D., cum laude
  • U.S. Military Academy at West Point
BAR ADMISSIONS
  • Massachusetts
MEMBERSHIPS
  • Boston Bar Association
  • American Bar Association
COURT ADMISSIONS
  • U.S. Supreme Court
  • U.S. Court of Appeals, First Circuit
  • U.S. District Court, Massachusetts

 

  Download Print BrochurevCardEmailPrint BioFrank A. Libby, Jr.

Frank A. Libby, Jr. has significant trial experience, having appeared before judges and juries as a federal prosecutor and, more recently, as a seasoned white-collar defense lawyer. In his 30 years as a trial attorney, including several years of service as an Assistant U.S. Attorney for the District of Massachusetts, Frank has conducted more than 35 jury trials and numerous bench (judge) trials. He appears frequently in federal and state courts and before administrative agencies, on behalf of public companies, business executives and private individuals drawn into governmental investigations and criminal proceedings. In particular, Frank's practice regularly includes counseling and representing clients in matters involving the Department of Justice and the Securities and Exchange Commission.
Frank has an expertise in minimizing corporate exposure to government regulators, where there may be reason to suspect possible senior management or other employee wrongdoing. He also has significant experience in conducting sensitive, internal corporate investigations on behalf of publicly-held companies, and other business clients, where employee wrongdoing exposes the client to both governmental and private scrutiny and possible sanctions, including criminal and shareholder action.

Frank has prosecuted and successfully defended cases involving claims of (among others): mail and wire fraud; tax fraud; federal pension fund fraud; health care (Medicare/Medicaid) fraud; telemarketing fraud; labor racketeering and alleged violations of securities, investment advisor and ERISA statutes and regulations.

Frank has also successfully represented individuals charged with crimes of violence, obtaining acquittals in two such cases, and avoiding trial without admitting liability in another.

Representative Cases:

• Secured dismissal - after federal jury trial (United States v. Stryker Biotech, et als) was underway in the District of Massachusetts -- of all felony health care fraud and conspiracy charges brought against Regional Sales Manager client.
• Secured dismissal of all federal criminal charges - including embezzlement, mail and ERISA (pension) fraud, and related conspiracy - brought against a trucking company executive in connection with high-profile indictment involving union officials;
• Successfully represented an Investment Advisor (so-called "‘40 Act") company in connection with extensive (parallel) federal grand jury and U.S. Securities and Exchange Commission proceedings, involving "soft dollar" brokerage allocation issues;


• Successfully represented a manager of a financial division of a "Fortune 100" company, in connection with an SEC-Boston "revenue recognition" investigation (SEC declined to recommend enforcement action);

• Obtained a "Decline to Prosecute" decision from the U.S. Attorney's Office while representing a supervisor physician-target of a U.S. Department of Health and Human Services-Office of Inspector General health care investigation (Medicare claims reimbursement);


• Obtained a "Decline to Prosecute" decision from the U.S. Attorney's Office on behalf of a senior mutual fund executive in connection with a federal investigation into claims of securities fraud and embezzlement involving several millions of dollars; thereafter, successfully negotiated (pre-trial) resolution of all SEC and FDIC enforcement action claims;


• Represented a large-scale New Bedford manufacturing company, and its president-owner, in connection with resolution of federal criminal charges stemming from a March, 2007 "worksite enforcement" raid, conducted by Immigration and Customs Enforcement Agency of the Homeland Security Department;


• Obtained a "Decline to Prosecute" from the U.S. Attorney's Office on behalf of a management consultant (a Permanent (so-called "Green Card") U.S. Resident)-client, in connection with a federal grand jury investigation into claims of kickback and money laundering conspiracy, involving contracting undertaken for a large-scale condominium association;


• Successfully represented a nationally-known institutional food distributor in connection with an investigation, conducted by the U.S. Department of Justice, into "anti-dumping" activities across the nation; brought client into full compliance with import and tariff laws; no loss of licensing or interruption of business;


• Conducted an internal investigation on behalf of a major municipal school department in connection with senior executive wrongdoing, and brought the matter to a successful close;


• Obtained "Pre-Trial Probation" (requiring no admission of guilt and leaving no permanent record) on behalf of a supervisor-target of a Medicare/federal Grand Jury "False Claims Act" investigation into payment received for specialty health care services;

• Successfully defended an elected official in connection with highly-sensitive claims of wrongdoing (civil Complaint against the client was withdrawn within days of appearance in the matter);• Successfully represented executives and managers of nationally known health care providers in connection with various federal grand jury investigations into Medicare billings, including so-called "false statement;" "pay to play;" and "off label promotion" activities.

Frank is a 1982 cum laude graduate of Suffolk Law School, where he served as an Editor of the Suffolk Law Review. Thereafter, Frank served as law clerk to the Honorable Richard B. Kellam, Senior U.S. District Judge for the Eastern District of Virginia. On his graduation, in 1974, from the United States Military Academy at West Point, Frank was appointed a commissioned officer in the U.S. Army and served as a military Air Rescue helicopter pilot on active duty, both overseas and stateside, and with the Massachusetts National Guard.


Frank is a member of the Boston Bar Association and the American Bar Association (including the White Collar Crime Section), and is admitted to practice before all courts and agencies of the Commonwealth of Massachusetts, the U.S. District Court for the District of Massachusetts, the First Circuit Court of Appeals and the U.S. Supreme Court.


Each year since 2009, Frank has been named one of the "Top 100" lawyers in Massachusetts by Super Lawyers, a joint publication of Boston Magazine and Law & Politics that recognizes the top 5% - ranked lawyers practicing in the state. Frank has likewise been honored as a Massachusetts Super Lawyer for each year from 2004 through the present and has Martindale-Hubbell's highest (AV) rating.

Frank has been listed in Woodward/White's The Best Lawyers in America every year since 2008.

 


Seminars and Panels
  • May 21, 2009. Panel Member: "Defending the Director's Deposition." [More]
  • May 28, 2008. Panel Member: "The Board's Role in Crisis Management." [More]
  • April 16, 2008. Panel Member: "Board Responsibility When Communicating with the SEC." [More]
  • February 6, 2008. Moderator: Boston Bar Association. "The Subprime Mortgage Mess: Is It Coming? Is It Already Here?" [More]
  • June 19, 2007. Panel Member: Board Leaders Seminar. "Crisis Management: Legal Considerations for the Board." [More]
  • October 19, 2006. Moderator. ABA Regional White Collar Crime Young Lawyers Subcommittee. "Nuts and Bolts of Qui Tam Actions: Perspectives from the Relator, Government and Defense." [More]

 

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