John Commisso focuses his practice in the areas of white collar criminal defense, government investigations, internal corporate investigations, and complex civil litigation.
John has represented clients in a wide range of government investigations, criminal proceedings, and civil litigation in state and federal courts. For example, John has experience representing companies, business executives, and private individuals, in cases involving allegations of securities fraud, investment advisor fraud, healthcare and Medicare fraud, accounting fraud, public corruption, obstruction of justice, embezzlement, money laundering, structuring of financial transactions, and false claims against the government. John has advised clients in connection with enforcement actions and investigations undertaken by state and federal agencies, including the U.S. Department of Justice, the U.S. Attorney's Office, the U.S. Securities and Exchange Commission, the National Association of Securities Dealers, FINRA, the Massachusetts Attorney General's Office, the Massachusetts Securities Division, and local District Attorney's Offices.
John also has experience with appellate practice. He has briefed and argued a criminal appeal before the U.S. Court of Appeals for the First Circuit. John has also represented a client in an international extradition proceeding, and successfully appealed an initial order of extradition.
In addition to his criminal and government investigations practice, John has represented numerous clients in complex civil litigation. John has experience in matters involving the Racketeer Influenced and Corrupt Organizations (RICO) Act, complex business disputes among partners in the real estate development business, and disputes among owners of closely held corporations. John has advised a client in connection with the mass tort litigation that followed the terrorist acts of September 11, 2001. He has also advised a professional sports team regarding a matter before the Massachusetts Appellate Tax Board.
John is a member of the Boston Bar Association and sits on the Steering Committee of the Criminal Law Section. He is also a member of the National Association of Criminal Defense Lawyers. Each year from 2006 through 2011, John has been recognized--in the area of white collar criminal defense--in the
Rising Stars edition of
Super Lawyers, a joint publication of
Boston Magazine and
Law & Politics. Prior to joining LibbyHoopes, John served for two years as a Law Clerk to United States District Judge George A. O'Toole, Jr., of the District of Massachusetts. He also worked for three years as an Associate in the litigation department of one of Boston's largest law firms. John graduated from Georgetown University Law Center, where he was on the editorial staff of
The Georgetown Law Journal. Prior to studying law, John earned a degree in Accounting from Boston College and worked in the Audit and Business Advisory Services Department at a Big Six accounting firm in Boston. John was also previously licensed in Massachusetts to practice as a Certified Public Accountant.
Representative Cases:
• Represented a physician who was the target of a federal grand jury investigation of Medicare billing fraud; the U.S. Attorney's Office declined to prosecute; the parties entered a negotiated civil settlement without admission of wrongdoing;
• Successfully represented a federal agent charged with federal crimes stemming from alleged misconduct in the course of his job performance; the U.S. Attorney's Office dismissed all charges before trial;
• Brief and argued a successful motion to suppress evidence obtained during a warrantless, consensual search of a private residence; following multi-day evidentiary hearing on the motion to suppress, secured the dismissal of all federal criminal charges and release of the client from federal custody;
• Successfully represented an executive in a financial division of a Fortune 100 company, in connection with SEC "revenue recognition" investigation; SEC declined to recommend enforcement action;
• Successfully represented a project executive in connection with a multi-agency task force investigation of a federally-funded construction activity;
• Successfully represented a large company in connection with multi-agency task force investigation of federally-funded construction activity; government agencies declined to prosecute;
• Represented investment industry executive charged with multiple counts of investment advisor fraud, mail fraud, and wire fraud; after guilty plea, successfully argued for downward departure from U.S. Sentencing Guidelines;
• Briefed and argued appeal to the U.S. Court of Appeals for the First Circuit, challenging criminal sentence imposed on investment advisor convicted of multiple counts of investment-related fraud; the First Circuit issued published opinion indicating that sentencing judge committed error during sentencing hearing;
• Represented a client who was subject to federal court order requiring extradition to face criminal prosecution in foreign country; successfully appealed the international extradition order and the government declined to seek further appellate review;
• Represented investment bank in connection with response to government subpoena for documents; managed review and production of documents and electronic files;
• Represented large service company in connection with response to several government subpoenas for documents; managed large-scale review and production of documents and electronic files.
