Joshua S. Levy
Partner
Joshua Levy focuses on white collar defense and related complex civil litigation, particularly in the pharmaceutical and medical device industries. Joshua's practice includes representation of individuals and corporate clients in a wide array of government enforcement actions involving health care fraud, securities fraud, criminal tax matters, the Foreign Corrupt Practices Act, environmental crimes, public corruption, and construction fraud investigations.
Joshua spent seven years as a federal prosecutor in the Economic Crimes Unit at the United States Attorney’s Office for the District of Massachusetts. He prosecuted a wide range of white collar crimes, including health care fraud, securities fraud, Foreign Corrupt Practices Act violations, terrorism financing, investor fraud, embezzlement, export violations, environmental crimes, and telemarketing fraud. Joshua was profiled in an American Lawyer story about leading federal prosecutors for his work at the U.S. Attorney's Office. He received the Attorney General's Award for Exceptional Service. Prior to joining the U.S. Attorney's Office, Joshua was a litigation associate at Ropes & Gray.
Experience
- Co-lead counsel representing a major medical device manufacturer in a criminal trial on charges of felony off-label promotion, wire fraud, and conspiracy; all felony charges dismissed mid-trial.
- Lead counsel for service provider in a novel criminal tax investigation that resulted in a complete declination of prosecution nine months after execution of a search warrant by IRS agents at corporate headquarters.
- Co-lead counsel representing major pharmaceutical manufacturer in multi-year wide-ranging criminal investigation into Food, Drug and Cosmetic Act allegations and kickback allegations.
- Lead counsel for international pharmaceutical company on a health care fraud matter that resulted in a favorable agreed upon resolution.
- Lead counsel for a major medical device company in an off-label promotion and criminal regulatory investigation.
- Lead counsel for individual indicted for over 135 felonies arising out of the Big Dig investigation; secured no jail resolution for client.
- Lead counsel for multiple defendants and witnesses in criminal securities, environmental, public corruption, and health care fraud investigations and indictments.
Awards
- Chambers USA: America's Leading Lawyers (2006-2013)
- Massachusetts Super Lawyers (2007-2012)
- Massachusetts Super Lawyers - Rising Stars (2005-2006)
- Attorney General's Award for Exceptional Service (2000)
Insights
Publications
- Joshua S. Levy and Steven S. Goldschmidt, "The FCPA and the Health Care Industry: Special Concerns and Proactive Measures for Drug and Device Companies," Rx Compliance Report (June 28, 2011)
- Joshua Levy, Nicole Cate and Aaron Katz, "Does Apprendi Protect Corporate Criminal Defendants?" Law360 (2011)
- "Trends in Government Scrutiny and Transparency Initiatives in the Regulation of Drug and Device Manufacturers: Lessons for Academic Medical Centers" in conjunction with the American Health Lawyers Association Conference (January 2010)
- Joshua S. Levy and David J. D’Addio, "Perpetual Tolling for Fraud Against the United States?" Business Crimes Bulletin, Vol. 16, Number 6 (February 2009)
- "The McNulty Memorandum: Returning to Adversarial Balance?" in conjunction with the Boston Bar Association's Stock Option Dating and Investigations CLE Seminar (February 2007)
Presentations
- Leader, Workshop for Defense and In-House Counsel, ABA's 22nd Annual CLE National Institute on Health Care Fraud, Las Vegas, NV (May 2012)
- Panelist, "White Collar Practice in Federal Court," Boston Bar Association Seminar (May 2011)
- Panelist, “The Park Doctrine, Exclusion and the Focus on Individual Criminal Liability under the FDCA,” Boston Bar Association's Life Sciences CLE Program (April 2011)
- Panelist, “The Basics of Government Investigations,” Eleventh Annual Pharmaceutical Regulatory Compliance Congress, Washington, DC (October 2010)
- Panelist, "Affirmative Responses to Government Investigations, Grand Jury Investigations, Search Warrants and Subpoenas," ABA's 20th Annual National Institute on Health Care Fraud, Miami Beach, FL (May 2010)
- Moderator, Workshop for Defense and In-house Counsel, ABA's 20th Annual National Institute on Health Care Fraud, Las Vegas, NV (May 2010)
- Panelist, "Lessons from Trial – United States v. Robert Therrien," Boston Bar Association's SEC, Insider Trading, and White Collar Trial Conference (April 2010)
- Panelist, "Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions," American Health Lawyers Association Conference, Washington, DC (January 2010)
- Panelist, "Resolving Civil Health Care Fraud and Qui Tam Actions," Boston Bar Association's Health Care Fraud Symposium (April 2009)
- Moderator, "First Annual Summit on Disclosure, Transparency and Aggregate Spend for Drug, Device, and Biotech Companies," The Pharmaceutical Compliance Forum, Washington, DC (March 2009)
- Panelist, "Trends in Health Care Fraud Enforcement," Boston Bar Association's Health Care Fraud Symposium (April 2008)
- Moderator, "Practice Issues in Health Care Fraud Investigations," Boston Bar Association's Health Care Fraud Symposium Conference (April 2007)
- Panelist, "Representing Individuals," Boston Bar Association's Stock Option Dating and Investigations CLE Seminar (February 2007)