Joshua S. Levy
Joshua Levy, co-chair of the firm's Litigation and Enforcement practice group and co-chair of the firm's Diversity Committee, focuses on white collar defense and related complex civil litigation, particularly in the pharmaceutical and medical device industries. In 2016, Joshua secured a complete acquittal after a three-week trial in federal court of a real estate developer, secured the first DOJ declination under the FCPA Pilot Program and won a significant False Claims Act case in the First Circuit Court of Appeals. Joshua’s practice includes representation of individuals and corporate clients in a wide array of government enforcement actions involving health care fraud, the Foreign Corrupt Practices Act, securities fraud, criminal tax matters, environmental crimes, public corruption, and construction fraud investigations. In 2012, Joshua co-led a Ropes team that defended at trial a leading medical device manufacturer in a felony count indictment which resulted in the mid-trial dismissal by the Department of Justice of all felony charges and resolution with a single misdemeanor conviction.
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 in 2000. Prior to joining the U.S. Attorney's Office, Joshua was a litigation associate at Ropes & Gray and a Special Assistant District Attorney in Middlesex County.
- Lead trial counsel in an acquittal of a real estate developer indicted on federal wire fraud and conspiracy charges in connection with Wynn Resorts’ purchase of land to develop a $2 billion luxury casino resort outside Boston. Not guilty jury verdict on all counts after three week trial.
- Lead counsel on DOJ/SEC FCPA investigation for leading tech company relating to conduct in China, resulting in first ever public declination by DOJ under FCPA pilot program and rare Non-Prosecution Agreement with SEC.
- Lead counsel in a DOJ/USAO investigation into criminal FDCA allegations and False Claims Act liability.
- Lead counsel in a $491 million global resolution of an off-label promotion investigation for an international pharmaceutical company.
- Conducting FCPA investigations and risk assessments.
- 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.
- Quoted, “Without Motive, Murder Hard To Prove In Meningitis Trials,” Law360 (October 31, 2017)
- Quoted, “Top White Collar Crime Cases To Watch In Massachusetts,” Law360 (September 26, 2017)
- Joshua Levy and Daniel Fine, “1st Circ. Affirms Narrow Scope of Federal Criminal Statutes,” Law360 (January 23, 2017)
- Quoted, “Ortiz Successor Faces Uphill Climb In Mass. Corruption Cases,” Law360 (January 4, 2017)
- Quoted, “Ortiz Successor Faces Uphill Climb in Mass. Corruption Cases,” Law360 (December 22, 2016)
- Podcast, “With charges in casino land deal, U.S. attorney falls flat,” Massachusetts Lawyers Weekly (May 19, 2016)
- Quoted, “Akamai, SEC settle investigation over China bribery,” The Boston Globe (June 7, 2016)
- Joshua Levy, John Reynolds and Maura Flaherty, “DOJ’s ‘Yates Memo’ intensifies scrutiny of corporate management,” Financier Worldwide (February 2016)
- Quoted, “FCA Perils Mount For Drugmakers As DOJ Gets Personal,” Law360 (February 05, 2014)
- Quoted, “Victims' Relatives To Face Whitey Bulger At Sentencing Hearing,” NPR (November 13, 2013)
- Joshua Levy and Sean Seelinger, “DOJ ushers in a new era of post-plea compliance obligations,” Law360 (September 23, 2013)
- Quoted, “Will Whitey Bulger Testify? It's Still Unclear,” NPR (July 30, 2013)
- Quoted, “SJC upholds e-mail searches; Says privilege of lawyer, client will be protected,” The Boston Globe (2013)
- 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)
- Panelist, “Patient Assistance Programs: How to Structure and Manage Them without Running Afoul of Evolving Regulatory Enforcement Theories,” ACI’s 17th Annual Conference on Fraud and Abuse in the Sale and Marketing of Drugs, Devices, and Medical Technology, Boston, MA (March 2017)
- Presenter, National Partnership for Educational Access Annual Conference, Philadelphia, PA (April 2015)
- Instructor, National Association of Attorneys General Training Program on Consumer Protection Investigations, Seattle, WA (April 2015)
- Instructor, Medicaid Fraud Control Unit Training Session, Portland, OR (June 2014)
- Instructor, National Association of Attorneys General Training Program on Consumer Protection Investigations, Atlanta, GA (June 2014)
- Moderator, “Government Roundtable,” ACI’s 14th National Summit on Reducing Legal Risks in the Sales and Marketing of Medical Devices, Chicago, IL (April 2014)
- Panelist, “Health Care Fraud Enforcement – Key Developments Affecting the Medical Community,” Failure Analysis Advisory Council Conference, Jackson Hole, WY (August 2013)
- Panelist, “Trial, Trial Strategy, and the Art of Knowing Your Jury,” Forum on Corporate Enforcement, Boca Raton, FL (May 2013)
- Moderator, selected by U.S. District Court (D. Mass.), “Health Care Fraud Enforcement” panel, Bench and Bar Conference, Newton, MA (October 2012)
- 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, “Implementing Compliance Protocols Aimed at Preventing Off-Label Promotion,” ACI’s 12th National Conference on Reducing Legal Risks in the Sales and Marketing of Medical Devices, Chicago, IL (April 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)
- Harvard Law School, 2017
- Boston University School of Law, 2011, 2013, 2016, 2017
- Duke School of Law, 2012
- Harvard Business School, Negotiations Project, 2013