Nicholas C. Theodorou

  • Partner
  • Boston
  • 617 832 1163 direct
  • 617 832 7000 fax

As Chair of Foley Hoag’s Business Crimes and Government Investigations Practice Group, Nick Theodorou, a member of the firm's Executive Committee, brings significant experience to his white-collar and business crimes practice. He represents corporations, officers and directors, and other individuals in criminal, civil, and regulatory investigations and complex civil litigation, and has been recognized by Chambers USA, Massachusetts Super Lawyers and The International Who’s Who of Business Crime Lawyers for his effective client counsel.

Nick has successfully represented national and regional medical device companies, financial institutions, insurance companies, environmental firms, pharmaceutical companies, manufacturers, securities firms, government contractors and health care providers in complex civil, criminal and administrative proceedings. He has also defended several corporate officers (at the level of CEO, CFO and Chair of the Board), directors and employees in similar matters. His client work includes defending several firms in complex business litigation, and he has prosecuted several cases on behalf of major corporations that have been the victims of fraud.

In addition to his representation of clients in investigations and at trial, Nick has conducted internal investigations for corporations that have been the victims of criminal activity, and regularly advises corporations and individuals on a variety of regulatory and corporate compliance issues. That includes the development of compliance programs under the Federal Corporate Sentencing Guidelines for healthcare providers, high technology companies, medical device manufacturers, environmental firms, financial institutions, and other organizations.

Prior to joining Foley Hoag, Nick was an Assistant U.S. Attorney in the U.S. Attorney’s Office for the District of Massachusetts. In that capacity, he maintained a jury trial practice of complex criminal and civil cases including the prosecution of mail, wire, bank, government program and other financial fraud, firearms and property offenses, environmental crime and civil enforcement, and the defense of complex tort cases.

Representative Experience

The following is a brief summary of Nicholas's experience and accomplishments:

  • Defended a major pharmaceutical company in federal anti-kickback and off-label investigations
  • Defended a major specialty pharmacy in federal False Claims Act litigation
  • Defended a major insurer against federal charges concerning alleged Medicare fraud and false claims in parallel criminal and qui tam proceedings
  • Defended senior biomedical engineers against federal allegations of medical device fraud
  • Defended a major pharmaceutical company in multi-district class action litigation alleging price fraud
  • Defended biotechnology company executives and sales representatives in federal anti-kickback and off-label investigations
  • Represented a health care provider in an internal investigation of billing issues and in one of the first voluntary disclosures in New England under “Operation Restore Trust”
  • Defended a major hedge fund in an insider trading investigation
  • Defended a major Middle Eastern financial institution in a federal tax investigation
  • Defended a senior money manager of a major mutual fund company in an insider trading investigation, in a subsequent civil SEC enforcement action in federal court and in a related commodities fraud class action
  • Defended an investment firm in an investigation of the firm’s relationship with a state agency
  • Represented an international manufacturer in an internal investigation of alleged kickbacks and gratuities to senior company executives, including pursuit of civil RICO and fraud actions against the executives and contractors involved
  • Defended the Chairman of the Board of a financial institution in an insider trading investigation
  • Defended senior executives, including a chief executive officer, general counsel and chief financial officers, in stock options investigations and related civil actions
  • Defended health care providers, high technology companies, manufacturers, and other companies against government allegations under the False Claims Act
  • Defended a government contractor and chief executive officer against federal charges regarding alleged export violations concerning military technology
  • Defended a high technology company in parallel criminal and civil investigations against federal charges regarding alleged theft or misuse of government proprietary information
  • Defended major brokerage firm in a class action alleging consumer fraud
  • Defended an electronic component manufacturer against federal and state charges regarding environmental violations
  • Defended a publicly held environmental remediation firm against federal charges regarding RCRA and Clean Water Act violations
  • Defended a member of the Board of Directors and Chief Technology Officer of a high-technology company in a federal money laundering investigation
  • Defended the founder and former Chief Executive Officer of a high technology company in a federal revenue recognition investigation and related derivative and class actions
  • Defended a government contractor and corporate officers against federal charges regarding alleged gratuities
  • Served as Special Counsel to the board of directors of a multi-billion dollar pension fund in an internal investigation of alleged wrongdoing by fund management and others
  • Defended the Chief Financial Officer of a large publicly traded company in an investigation by a major stock exchange into the officer’s relationship with securities specialists

  • Served as Special Counsel to the board of directors of nationally recognized non-profit institution in internal investigation regarding political fundraising activities

  • Defended construction engineers against federal allegations of construction fraud
  • Represented financial institutions in internal investigations concerning allegations of bank fraud, money laundering and related offenses
  • Defended hedge fund managers and senior executives in market timing investigations and related securities class actions
  • Defended public officials and other individuals in state and federal public corruption investigations

professional / civic involvement

  • Boston Bar Association, Member
  • Massachusetts Bar Association, Member
  • American Bar Association, Member
  • National Association of Criminal Defense Lawyers, Member

SPEECHES AND CONFERENCES

  • Participated on a panel titled "Strategically Preparing and Filing a Voluntary Disclosure" at the American Conference Institute's FCPA and International Anti-Corruption for the Pharmaceutical and Medical Device Industries conference in New York (April 2009)
  • Moderated a panel on "Healthcare Fraud" at the 23rd Annual National Institute on White Collar Crime presented by The American Bar Association (March 2009)
  • Participated on a webcast panel titled "Health Law Enforcement Update" sponsored by The American Bar Association Health Law Section and the ABA Center for Continuing Legal Education (December 2008)
  • Moderated a panel titled "The Enforcers Speak: Providing Clarity and Guidance on the DPAs and the Legality of Sale and Marketing Practices and Relationships Specific to the Device Industry" at the American Conference Institute’s Conference on Sale and Marketing of Medical Devices held in Chicago (November 2008)
  • Moderated a panel on "Federal Pricing Enforcement Update" at the American Conference Institute’s Conference on Prescription Drug Pricing held in New York (March 2008)
  • Participated on a Panel titled "Welcome to the Field of Healthcare Fraud Defense, Where Nothing Is Static and “Victory” Is Hard to Define" at the American Bar Association's 22nd Annual National Institute on White Collar Crime held in Miami, FL (March 2008)
  • Moderated a panel on "Current Investigative and Enforcement Initiatives Within the Medical Device Industry" at the American Conference Institute’s Conference on Sales and Marketing of Medical Devices held in Chicago (November 2007)
  • Participated as a panelist at the American Bar Association White Collar Committee Northeast Regional Section’s program on “Health Care Fraud Enforcement, the McNulty Memo and Other Important White Collar Crime Topics” held in Boston (February 2007)
  • Speaker on internal investigations and related issues at the American Conference Institute’s program on “Internal Investigations for the Pharmaceutical & Medical Device Industries” held in New York (April 2006 and January 2007)
  • Served as Chair and Moderator of the panel on federal investigations of the pharmaceutical industry at the American Conference Institute’s National In-House Counsel Forum on Prescription Drug Pricing (November 2002, October 2003, March 2004, January 2006, and March 2007)
  • Served as Chair and Moderator of panels on federal investigations of the medical device industry at the American Conference Institute’s Annual Forum on “Reducing Legal Risks in the Sales and Marketing of Medical Devices” held in Chicago(November 2003, 2005 and 2007)
  • Served as Chair and Moderator of panels on federal investigations of the Pharmaceutical Benefit Management Industry at the American Conference Institute’s Annual Forum on “Minimizing Legal Risk in Pharmaceutical Benefit Management” held in Washington, DC  (2004 and 2005)
  • Participated on a panel on regulatory issues in the medical device industry at the American Conference Institute’s program on “Reducing Legal Risks in the Sales and Marketing of Medical Devices” held in Chicago i(November 2004)
  • Served as Chair and Moderator of the Health Care Fraud panel at the American Bar Association National Institute on White Collar Crime held in Miami (March 2004)

publications

  • The Environmental Audit-Privileged or Discoverable in a Criminal Case?, MCLE (March 1991)
  • Changing the Corporate Ballgame -- The New Federal Criminal Sentencing Guidelines for Corporations, BOSTON BAR ASSOCIATION (March 1992)
  • The Application of the New Federal Corporate Sentencing Guidelines to Banks, MASSACHUSETTS BANKERS ASSOCIATION (May 1992)
  • Corporate Compliance Programs and Sentencing Under the Guidelines for Organization Defendants (April 1993)
  • Discovery in Federal Criminal Cases, MCLE (1996)
  • Preventing and Defending A False Claims Act Case, MCLE (2000)
  • Who Stole the Cookie from the Cookie Jar? or…Was the Cookie Ever Stolen? A Brief Outline Concerning Internal Investigations, BOSTON BAR ASSOCIATION (2002)
  • Voluntary Disclosure of Findings of Internal Investigations - Risks and Benefits, NORTHEAST CHAPTER OF ACCA (November 2003)
  • Off-Label Marketing of Prescription Drugs: A Federal and Statutory Overview, AMERICAN BAR ASSOCIATION (April 2004)
  • Recent Federal Medical Device Prosecutions, AMERICAN CONFERENCE INSTITUTE (November 2005)