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Anthony D. Mirenda Partner Boston 617 832 1220 direct 617 832 7000 fax Email Anthony Mirenda’s practice involves representing corporations, officers, directors and other individuals in federal criminal and regulatory investigations, particularly concerning allegations of health care, securities and government contracting fraud, and in complex civil litigation. He also has considerable experience in intellectual property and trademark litigation. He has tried complex civil and criminal cases in federal and state courts. In addition, Tony is a senior attorney supervising Foley Hoag’s extensive pro bono program providing representation for domestic violence victims. Tony’s business crimes defense practice includes representing health care and high tech companies, government contractors, and financial services firms, and their executives and employees. He represents clients in investigations and prosecutions in the areas of health care, securities, and government contracting, and claims brought under the federal false claims act and RICO statute. His work with health care clients includes representing providers, pharmaceutical and medical device companies, and others in cases involving alleged Medicare and Medicaid fraud, and FDA or other federal regulatory violations. He also counsels financial institutions in connection with federal investigations concerning bank fraud, FDIC regulatory violations, money laundering and related allegations, and represents corporations and individuals in federal and state tax investigations. His work with high tech companies includes representing clients in criminal and administrative investigations by federal agencies including the Defense, Justice, Commerce and State Departments in matters involving government contracting and alleged false claims, export controls and controls over classified information, the Foreign Corrupt Practices Act, and alleged theft of technology or proprietary information. Tony’s practice also includes representing public companies, board committees, and officers and executives in federal criminal, civil and administrative securities investigations. He defends auditors against federal securities and common law fraud and negligence claims arising out of financial statement audits brought by audit clients, investors and others. In addition to his trial work, Tony counsels corporations and other organizations that have been the victims of criminal wrongdoing, and has assisted clients in pursuing criminal referrals, civil actions against the wrongdoers, and fidelity insurance claims. He helps clients address a range of regulatory and corporate compliance issues, plan and execute internal investigations, and develop and implement corporate compliance programs. Tony’s other litigation focus is intellectual property and trademark litigation. He represents national and international manufacturers and distributors of sporting goods, health care products and other goods, as well as financial services institutions, in litigation concerning claims of trademark and trade dress infringement. He also represents high tech companies in cases involving their software or other technology, including alleged theft of proprietary technology. Tony is a senior attorney supervising Foley Hoag’s pro bono Domestic Violence Prevention Project. He helps victims of domestic violence obtain and enforce restraining orders, and in related criminal proceedings. He has written amicus briefs on behalf of organizations including the Women’s Bar Foundation, Jane Doe, Inc., and the Domestic Violence Council, Inc. in cases raising issues of concern to victims of domestic violence. Over the past two decades, Tony has provided education and training for law enforcement, health care professionals, lawyers and law students on issues of domestic violence. Bars and Court Admissions Massachusetts U.S. District Court for the District of Massachusetts U.S. Court of Appeals, First Circuit Representative Experience The following is a brief summary of Anthony's experience and accomplishments: Represented an international manufacturer in an internal investigation of an alleged vendor kickback scheme and other wrongdoing involving senior company executives, pursuing a civil RICO action against individuals and vendors involved Defended a government contractor against claimed violations of the federal false claims act asserted in a qui tam action by a purported whistleblower, persuading the federal government not to intervene in the case and eventually obtaining dismissal of all counts Represented a multi-billion dollar pension fund in an internal investigation of alleged wrongdoing by fund management and others Defended a government contractor against federal charges regarding alleged theft or other misuse of classified and/or proprietary information from the government in parallel criminal and civil investigations Defended a Big Four accounting firm and its partners against allegations of fraud, breach of fiduciary duty and civil RICO. In a case arising from the bankruptcy of a multi-billion public health care company, the plaintiff-investors claimed that the company's financial statements materially misstated complex issues of purchase accounting, revenue recognition and reserves relating to government payors. After a four-week jury trial in which plaintiffs had sought in excess of $400 million; the jury returned verdict exonerating the firm and its partners of fraud, breach of fiduciary duty and civil RICO, and awarding only a small fraction (less than 10%) of the amount demanded by plaintiffs in settlement on the remaining negligence-based claim Represented a high tech company in an internal investigation of potential export control violations, avoiding sanctions by voluntary disclosure and implementation of necessary corrective measures Represented a nationally recognized non-profit organization in an internal review concerning allegations regarding fund raising activities Defended an individual against federal espionage and other charges regarding the alleged theft of proprietary technology and classified information Represented a national publishing company in an internal investigation of alleged kickbacks and gratuities to senior company executives, pursuing a civil RICO action against individuals and contractors involved Represented the American Fidelity Group, which provides insurance and financial services, in federal litigation brought in Pennsylvania and Oklahoma, to protect its rights to the American Fidelity name, fully vindicating American Fidelity’s rights at trial Defended a national bank against claims including fraud and civil RICO, obtaining summary judgment dismissing all claims Defended a government contractor and an individual against federal charges regarding alleged export violations concerning military technology Defended a high tech firm against claims asserted by a competitor of trade secret theft, copyright infringement and DMCA violations Represented a financial institution in an internal investigation, and subsequent civil litigation, concerning alleged wrongdoing by senior management, including allegations of fraud, FDIC regulatory violations, and environmental violations Defended a former executive of a financial services company in an SEC civil enforcement action, obtaining dismissal of all claims asserted against the client by the SEC Represented Converse Inc. in litigation to protect its famous trademarks, including the All-Star mark Represented a corporation in an extensive federal investigation and parallel criminal and qui tam proceedings, involving alleged Medicare fraud and false claims Represented a national and international manufacturer and distributor of health care products in defense of trademark claims professional / civic involvement Federal Bar Association, National Vice President for the First Circuit Federal Bar Association, Massachusetts Chapter, Past-President Boston Bar Association, Member Massachusetts Bar Association, Member American Bar Association, Member National Association of Criminal Defense Lawyers, Member Community Legal Services And Counseling Center, President of the Board of Directors Domestic Violence Council, Inc., Member of the Board of Directors |
