Mirenda

Anthony D. Mirenda

Partner
Co-Chair, White Collar Crime & Government Investigations Practice
Boston

I defend clients facing federal and state investigations and help clients maintain effective compliance in an increasingly complex global environment.

Tony Mirenda defends companies and their officers, directors and others in criminal and regulatory investigations, enforcement actions and complex civil litigation involving alleged healthcare, securities, and government contracting fraud, and in international anti-corruption, sanctions and export control matters. Tony conducts confidential internal investigations and helps clients maintain effective cross-border compliance programs.

Tony closely monitor business, regulatory and legal trends affecting organizations across all industries. He regularly contributes to the White Collar Law & Investigations blog and the Cross Border Compliance Update.

Tony represents healthcare and high tech companies, defense and other government contractors, and financial services firms in federal and state criminal and regulatory investigations as well as civil litigation, including civil claims brought under the federal False Claims Act, the Computer Fraud and Abuse Act, and the RICO statute. His work with healthcare clients includes representing pharmaceutical, diagnostic testing and medical device companies, healthcare providers and others in cases involving alleged Medicare and Medicaid fraud, and FDA or other federal regulatory violations. Tony defends clients facing investigations by federal agencies in matters involving government contracting and alleged false claims, sanctions, export controls and controls over classified information, the Foreign Corrupt Practices Act and other international anti-corruption regimes, and alleged cyber-espionage and theft of technology or proprietary information. He also counsels financial institutions and individuals in connection with investigations concerning bank fraud, FDIC regulatory violations, and money laundering allegations. He has tried complex civil and criminal cases in federal and state courts around the country.

In addition to his defense and trial work, Tony counsels clients on a range of corporate compliance issues, he plans and executes internal investigations, and he assists clients in developing and implementing anti-corruption and other cross-border compliance programs. He helps organizations that have been the victims of criminal wrongdoing to pursue remedies including criminal referrals, civil actions against the wrongdoers, and fidelity insurance claims.

Tony has authored amicus briefs filed with the U.S. Supreme Court and other appellate courts on behalf of civil rights and criminal justice organizations. He is a senior attorney supervising Foley Hoag’s pro bono Domestic Violence Prevention Project, assisting survivors of domestic violence to obtain and enforce restraining orders and in related criminal proceedings, organizations including the Women’s Bar Foundation, Jane Doe, Inc., and the Domestic and Sexual Violence Council, Inc. as amici in cases raising issues of concern to victims of domestic violence.

Education

  • Harvard Law School, J.D., 1987
  • Villanova University, B.A. and B.S., magna cum laude, 1984
     

Bar and Court Admissions

BAR ADMISSIONS

  • Massachusetts

COURT ADMISSIONS

  • Supreme Court of the United States
  • United States Court of Appeals for the First Circuit 
  • United States Court of Appeals for the Ninth Circuit 
  • United States Court of Appeals for the Eleventh Circuit 

Experience

BUSIENSS CRIMES AND GOVERNMENT INVESTIGATIONS

  • Defended a government contractor in a parallel criminal and civil False Claims Act investigation involving alleged misrepresentations concerning product quality and testing.
  • Defended a health care diagnostics company against claimed civil violations of the federal False Claims Act brought by a purported whistleblower.    
  • Conducted an internal investigation for a diagnostic testing company concerning potential violations of the federal Stark and Anti-Kickback laws.
  • Conducted an internal investigation for a health care company concerning potential insider trading allegations.
  • Conducted an internal investigation for an early-stage diagnostic testing company concerning allegations of potential misrepresentations to investors. 
  • Won the dismissal of all allegations in favor of a former executive at a financial services company in a SEC civil enforcement action in a case arising out of a complex group of transactions concerning the combination of certain defined-contribution plans. The win was affirmed by the First Circuit.
  • Conducted an internal investigation for a board audit committee concerning allegations of potential misrepresentations by management to board and auditor.
  • Represented an international manufacturer in an internal investigation of an alleged vendor kickback scheme and other wrongdoing involving senior company executives, pursuing civil RICO actions against individuals and vendors involved. Obtained successful recovery.
  • 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. Successfully represented the institution in pursuing multi-million dollar fiduciary insurance recovery.
  • Represented a nationally recognized not-for-profit organization in an internal review concerning allegations regarding fundraising activities.
  • 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 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 corporation in an extensive federal investigation and parallel criminal and qui tam proceedings involving alleged Medicare fraud and false claims.
  • Defended an individual against federal espionage and other charges regarding the alleged theft of proprietary technology and classified information.
SANCTONS, EXPORT CONTROLS, ANTI-CORRUPTION AND CROSS BORDER COMPLIANCE
  • Conducted an internal investigation for a technology company concerning potential sanctions violations, avoiding penalties by voluntary disclosure and implementation of necessary corrective measures.
  • Represented the chief executive of a major U.S. manufacturer in connection with an investigation of alleged U.S. and European export law violations.
  • Advised a global firm on sanctions compliance related to ransomware activity
  • Represented the chief executive of a major U.S. exporter in connection with internal and federal investigations of alleged violations of the Foreign Corrupt Practices Act.
  • Advised a U.S. exporter in making a voluntary disclosure concerning potential OFAC sanctions violations, successfully avoiding financial penalties and securing a necessary license.
  • Conducted an internal investigation for a health care technology company concerning potential "deemed export" and other export control violations, avoiding penalties by voluntary disclosure and implementation of necessary corrective measures.
  • Advised global manufacturer on implementation and enhancement of anti-corruption compliance program.
  • Conducted an internal investigation for a high tech company concerning potential export control violations, avoiding sanctions by voluntary disclosure and implementation of necessary corrective measures.
  • Advised high technology and software companies in connection with voluntary disclosure of possible export controls violations involving various technologies, including technical data related to aerospace applications, aerodynamics testing, and military technology.
BUSINESS DISPUTES AND COMPLEX CIVIL LITIGATION
  • Defended a sovereign government against allegations of state-sponsored hacking and cyber-espionage, including alleged violations of the Federal Computer Fraud and Abuse Act, the Federal Stored Communications Act and the Federal Wiretap Act.
  • Defended a major U.S. energy company in federal and state investigations concerning a serious accident involving multiple fatalities, resolving those investigations without criminal charges, successfully resolving subsequent wrongful death litigation, and recovering substantial defense costs from other responsible parties and their insurers.  
  • Defended a sovereign government against allegations of fraud and conspiracy in connection with the sale of a defense technology company 
  • Defended a major French company and its employees in an action alleging violations of the Computer Fraud and Abuse Act and theft of trade secrets brought against them in federal district court in California.  At trial, obtained a unanimous favorable jury verdict.
  • Recovered millions for an international construction firm in federal court lawsuits asserting government contracting and related fraud claims.   
  • Represented an international corporation and its US subsidiary in federal court litigation involving claims of commercial wrongdoing and fraud. At trial, obtained $150 million judgment for client. The win was affirmed by the Eleventh Circuit.
  • Represented an international corporation in federal court lawsuit involving claims of commercial wrongdoing and fraud.  At trial, defeated claims seeking over $50 million and obtained a multi-million dollar judgment in the client’s favor.  Prevailed on cross-appeals, not only preserving the win but also increasing the damages awarded to our client by over $60 million.
  • Defended an international company in a case involving allegations of commercial wrongdoing and bribery, defeating claims for over $160 million and obtaining a multi-million dollar award in the client’s favor after cross-appeals.
  • Defended an internationally recognized non-profit and its executive director against a defamation claim arising out of the non-profit’s human rights work.
  • Defended a Big Four accounting firm and its partners against allegations of fraud, breach of fiduciary duty and civil RICO in a four-week jury trial. The jury exonerated the firm and its partners of fraud, breach of fiduciary duty and civil RICO, awarding only a small fraction of the amount sought.
  • Defended a high-tech provider of custom hardware and engineering solutions against claims asserted by a competitor of trade secret theft, copyright infringement and DMCA violations.
  • Defended a national bank against claims of fraud, obtaining summary judgment dismissing claims. The win was affirmed on appeal.
  • Defended a government contractor and an individual against federal charges regarding alleged export violations concerning military technology.
  • Represented a national publishing company in an internal investigation of alleged kickbacks and gratuities to senior executives, pursuing a civil RICO action against individuals and contractors involved.
PRO BONO
  • Commonwealth v. Jenks, Massachusetts Supreme Judicial Court (2021), amicus brief on behalf of the Boston Bar Association concerning the proper application of the Massachusetts statute providing access to post-conviction forensic testing for defendants claiming actual innocence.
  • Commonwealth v. Rintala, Massachusetts Supreme Judicial Court (2021), amicus brief on behalf of the Center for Integrity in Forensic Science concerning the risks of wrongful conviction resulting from the improper reliance on certain forensic science lacking foundational validity or adequate scientific research, compounded by cognitive bias. 
  • Commonwealth v. Evelyn, Massachusetts Supreme Judicial Court (2020), amicus brief on behalf of the Massachusetts Association of Criminal Defense Lawyers, the ACLU of Massachusetts, the New England Innocence Project and others concerning racial bias in establishing reasonable suspicion to justify a search.
  • Commonwealth v. German, Massachusetts Supreme Judicial Court (2019), amicus brief on behalf of the New England Innocence Project and others concerning the risks of erroneous identification present by the use of show-up identification procedures.
  • Commonwealth v. Williams, Massachusetts Supreme Judicial Court (2019), amicus brief on behalf of the Massachusetts Association of Criminal Defense Lawyers, the ACLU of Massachusetts, the New England Innocence Project and others concerning racial bias affecting for-cause challenges to prospective jurors.
  • Commonwealth v. Jones, Massachusetts Supreme Judicial Court (2017), amicus brief on behalf of the Victim Rights Law Center, Jane Doe, Inc. and the Boston Area Rape Crisis Center concerning protecting mental health counseling privileges. 

Publications

  • "Litigation and Enforcement in the United States: Overview," Practical Law Dispute Resolution Global Guide: U.S., Thomson Reuters (May 2021)
  • "White Collar Year in Preview: Anti-Corruption Trends in 2020" (January 2020)
  • "DOJ Announces New FCPA Policy," Trade Security Journal (January 2018)

Foley Hoag Publications

Honors & Involvement

HONORS
  • Listed in The Best Lawyers in America
  • High Honor, Massachusetts Supreme Judicial Court, 2020 Pro Bono Honor Roll (2021)
  • Political Asylum/Immigration Representation (PAIR) Project "Pro Bono Mentor Award" (2018)
INVOLVEMENT
  • Federal Bar Association, Past National Vice President for the First Circuit
  • Federal Bar Association, Past Member of Executive Committee & Past President, Massachusetts Chapter
  • Boston Bar Association, Member
  • Massachusetts Bar Association, Member
  • American Bar Association, Member
  • National Association of Criminal Defense Lawyers, Member
  • De Novo (formerly Community Legal Services and Counseling Center), Member of the Board of Directors, Past President of the Board
  • Domestic and Sexual Violence Council, Inc., Member of the Board of Directors

Speaking Engagements

  • Speaker, "Export Distribution Contracts & Managing Your Distributor Network," Massachusetts Export Center (May 2022)
  • Speaker, "U.S. Government Compliance Enforcement: What’s Happening, What’s Coming, and What Businesses Should be Thinking About" (December 2021) 
  • Moderator, "Export Regulatory Compliance Update," Massachusetts Export Center, Boston, MA (June 2018)
  • Speaker, “Combating Corruption in a New Global Reality,” Boston Bar Association, Boston, MA (April 2017)
  • Moderator, "Corruption and International Arbitration, a 360°View," NYIAC, New York, NY (April 2016)
  • Speaker, "International and National Anticorruption Laws: An Overview," RMMLF Special Institute, Human Rights Law and the Executive Industries, Panama (February 2016) 
  • Speaker, “FCPA Compliance - Doing Business Overseas,” New England Corporate Counsel Association, Boston MA (November 2014)
  • Speaker, “FCPA Internal Investigations,” Governance, Risk Management and Compliance Summit, Boston, MA (March 2014)
  • Speaker, "Anti-Corruption Update & Trends: What NGOs Need to Know," NGO Legal Symposium: Practical Approaches to Counter-Terrorism, Fraud & Corruption, Washington, D.C. (June 2013)