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Representative Matters
Financial fraud litigation covers a wide range of offenses and remedies. Many of these cases are brought as class actions, or as whistleblower cases in which the government has the option of taking over the case while rewarding the individual who initiated it. Fraud cases I have litigated have included:
- Defending a class action brought against a major computer company and its service providers, which ultimately went all the way to the Supreme Judicial Court on the issue of whether customers could be forced to arbitrate their claims.
- Pursuing a claim for misappropriation of funds against the owner of a program that contracted with the Commonwealth to provide day programs to the mentally retarded.
- Mediating a potential false claims action against a construction company involved in one of the largest building renovation projects ever undertaken by the Commonwealth.
- Representing an individual investor at a FINRA arbitration with his broker on a claim that the broker failed to execute a valuable trade.
- Litigating on behalf of a class of investors defrauded by Bernie Madoff in their class-action claim against the SEC for failing to prevent Madoff’s Ponzi scheme.
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Common Challenges
These cases are all about following the money trail, and that is not always easy to do. Often these schemes can be complex, and require research, discovery, and experts to unravel. For qui tam and other whistleblower actions, the goal may be to make the case attractive to the government, so that it will bring its resources to bear on the problem, but the government has its own practical (and political) considerations when determining which cases to pursue. Without the help of a dedicated attorney who believes in the case, even meritorious fraud cases can languish and falter.
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How I Can Help
This is an area in which having a varied background is especially helpful. Experience with complex financial litigation is critical to understanding how to pursue these cases successfully. But as noted above, dedication and persistence are at least equally important when taking on fraudsters, who may have successfully fooled dozens, even hundreds of people before encountering someone insightful enough (or courageous enough) to speak up. Passionate plaintiffs need counsel who will listen to their stories and work hard to persuade others, while remaining cognizant of the practicalities needed to succeed. In short, you need an attorney who knows the ropes, will work hard, and is not easily intimidated.
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