John Marston is an investigations and trial attorney in Foley Hoag's Litigation Department. He has led numerous investigation matters and tried more than 50 civil and criminal cases to verdict. Clients rely on John for fully understanding their issues, internalizing them, and tirelessly pursuing favorable outcomes. Clients also appreciate John’s high-level experience that is uniquely complemented by his superior problem-solving skill-set and dedication.
John has defended clients against government agencies using his experience across several subject matters, which includes tax, bankruptcy, securities laws, antitrust, and federal and local criminal law and procedure. His experience also extends across industries, having achieved results for individuals and companies in the fields of life sciences, technology, finance, energy, shipping, professional services, and non-profits. John has particularly deep experience in tax investigations and litigation involving the Internal Revenue Service and Department of Justice. He is well known for defending individuals and companies in criminal matters in federal and local courts, where he is relentless in pursuing justice for clients, including going to trial when necessary.
John is also a nationally-recognized legal commentator. He has appeared on CNN; has been quoted by The Associated Press, The New York Times, USA Today, Vanity Fair, and CNBC; and has written articles published by USA Today and The Hill.
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Prior to joining Foley Hoag, John gained valuable experience investigating and trying cases as a federal prosecutor in Washington, D.C. He is well aware of the high burden the government faces in prosecuting a case, and employs his vast experience to help individuals and companies facing investigation, indictment, or trial. As a prosecutor, John regularly served as first-chair trial attorney on challenging cases in U.S. District Court and Superior Court, and he appeared regularly before D.C. federal and local grand juries where he presented hundreds of witnesses. As a senior fraud and corruption prosecutor, he conducted substantial investigations with numerous federal agencies across a range of subject areas including bankruptcy, tax, finance, antitrust, healthcare, and cyber security. During his time as a federal prosecutor, John received multiple U.S. Attorney Special Achievement Awards, as well as Distinguished Service Awards from the Federal Bureau of Investigation and United States Postal Inspection Service.
Prior to his government service, John was an associate in the Tax Controversy group in the Washington, D.C. office of an international law firm, where he litigated cases against the Internal Revenue Service and Department of Justice in Tax Court and U.S. District Courts. He worked on substantial IRS audits and administrative appeals related to such matters as transfer pricing, independent contractor classification, and asset characterization. John also worked on several substantial investigations matters, including cases involving alleged illegal tax shelter promotion, congressional inquiries, and cases involving IRS allegations of misuse of charitable resources.
John believes strongly in pro bono work as a way to use his skills to help his community. For example, he has regularly conducted the Whitman Walker estate planning clinic for HIV-positive citizens of D.C., he defended a client charged with 26 offenses in Prince George’s County Circuit Court, and he has argued two appeals, including one as defense counsel in a double homicide.
