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Michael A. Schwartz

Michael A. Schwartz is a partner and co-chair of the Litigation and Dispute Resolution Department of Pepper Hamilton LLP, resident in the Philadelphia office. He is a member of the firm’s White Collar Litigation and Investigations, and Media and Communications Practice Groups. Mr. Schwartz focuses his practice in the areas of criminal defense and counseling, internal corporate investigations, corporate compliance programs, and First Amendment matters. Mr. Schwartz serves on the firm's Professional Responsibility Committee.

Mr. Schwartz represents businesses and individuals facing investigation by federal and state law enforcement authorities, government regulatory agencies, and congressional committees. Mr. Schwartz also represents businesses and individuals who have been victims of crimes. For example, he has:

  • defended major pharmaceutical companies regarding the conduct of clinical trials, good manufacturing practices, sales and marketing practices, pricing and other issues
  • represented financial institutions regarding allegations of fraud
  • represented companies in criminal antitrust investigations, involving allegations of price-fixing and government procurement fraud
  • represented companies and individuals under investigation for alleged corruption, mail/wire fraud, honest services fraud, disadvantaged business enterprise (DBE) fraud, insurance fraud, immigration fraud, and criminal tax fraud
  • represented publically traded companies and law firms in response to federal and state grand jury investigations
  • represented hospitals/doctors in drug diversion investigations
  • represented colleges/universities and public schools in state/federal investigations and compliance issues involving grants, nonprofits, charter schools, student/faculty/vendor conduct, and Clery Act (crime reporting)
  • conducted internal investigations for companies regarding alleged fraudulent billings/embezzlements
  • conducted internal investigations for companies regarding compliance with election, lobbying, and pay to play laws
  • represented an insurance company in state Attorney General consumer fraud investigation
  • represented individuals seeking amnesty through voluntary disclosures to the IRS of previously unreported foreign bank accounts and income
  • represented both victims of, and those charged with, computer intrusion
  • represented companies and individuals who were victims of crimes, including victims of Ponzi schemes, embezzlements, and other frauds.

Mr. Schwartz’s recent speaking engagements and publications include:

  • “How to Manage Terabytes of Data and Ensure that the Prosecutor Is Meeting His Brady Obligations,” Pennsylvania Bar Institute’s Defending the White Collar Case (February 18, 2014)
  • “Navigating the Treacherous Path: Conducting Effective Internal Investigations,” Pennsylvania Association of Criminal Defense Lawyers (November 14, 2013)
  • “How Lessons Learned from Pennsylvania Innocence Project Cases Can Be Translated to White Collar Cases," The Philadelphia Young Lawyers Division of the ABA White Collar Crime Committee (November 5, 2013)
  • “The Hazards of Parallel Criminal Investigations and Civil Litigations,” Pepper Hamilton Annual Commericial Litigation CLE Event, Philadelphia, PA (June 25, 2013)
  • “Ethics and Antitrust,” Pepper Hamilton Annual Antitrust Developments Update CLE Event, Philadelphia, PA (December 14, 2012)
  • “Judicial Immunity: Revived as a Tool or No?” (panelist), FBA Criminal Law Committee (December 6, 2012)
  • “Demystifying Electronic Evidence and Attacking the Government’s Use of It,” Pennsylvania Association of Criminal Defense Lawyers (November 2012)
  • “Is Your DBE Performing a Commercially Useful Function? Enforcement Trends I DBE Fraud Cases” (co-author), Construction Today Magazine (November 2012)
  • “Criminal Antitrust Violations: What to Do and When,” Pepper Hamilton Annual Antitrust Developments Update CLE Event, Philadelphia, PA (December 8, 2011)
  • “Ethical Issues in Antitrust Representation,” Pepper Hamilton Annual Antitrust Developments Update CLE Event, Philadelphia, PA (December 8, 2011)
  • “Fraud: Detection, Prevention and What to Do When It’s Discovered,” Turnaround Management Association/Risk Management Association Joint Fraud Prevention Program, Philadelphia, PA (November 10, 2011)
  • “Criminal Enforcement Foreign and Domestic,” Pepper Hamilton First Annual Antitrust Developments Update CLE Event, Philadelphia and Pittsburgh, PA (December 8 and 17, 2010).

Before joining Pepper in 2008, Mr. Schwartz headed the Corruption, Civil Rights, Labor and Tax Fraud unit of the U.S. Attorney’s Office for the Eastern District of Pennsylvania. He successfully prosecuted some of the region’s highest-profile corruption cases, including the electronic surveillance investigation during former Philadelphia Mayor John F. Street’s administration and the corruption prosecutions of former City Treasurer Corey Kemp and former City Councilman Richard Mariano.

Mr. Schwartz serves on a number of Boards and Commissions. The School District of Philadelphia recently appointed Mr. Schwartz to serve as a trustee of the PFT Health and Welfare Fund. He also serves as a member of the board of directors of the Committee of Seventy of Philadelphia. This non-partisan organization has conducted a permanent campaign for more than 100 years to improve the Philadelphia region by demanding ethical conduct of public officials, promoting government efficiency, educating citizens, and safeguarding elections. Mr. Schwartz also currently serves on the Pennsylvania Commission on Crime and Delinquency. He previously served as the chair of the Mayor’s Task Force on Ethics and Campaign Finance Reform and as chair of an assessment team that evaluated the status of Philadelphia Safe and Sound, a city-founded nonprofit organization responsible for contracting protective services for children.

Mr. Schwartz is listed in The Best Lawyers in America and was selected for inclusion on the 2014 Pennsylvania Super Lawyers list. He is listed in Chambers USA: America’s Leading Lawyers for Business in which he is “described as an ‘incredibly talented and experienced young white-collar lawyer.’ He enters the white-collar table, having received outstanding feedback from the market.”

Mr. Schwartz clerked for the Honorable Edmund V. Ludwig of the U.S. District Court for the Eastern District of Pennsylvania before joining Dechert as an associate in 1991, concentrating on First Amendment and white collar matters. He left Dechert in 1994 to join the U.S. Attorney’s Office, where he spent five years before returning to the firm. He rejoined the U.S. Attorney’s Office in 2000 and was appointed head of its Corruption unit in 2002.

Mr. Schwartz serves as an adjunct instructor at Temple University Beasley School of Law, teaching trial advocacy and corruption law and policy. Mr. Schwartz also lectures frequently on corruption and other white-collar crime issues.

He is admitted to the Pennsylvania bar as well as before the United States Supreme Court.



Education
B.A. 1987 Pennsylvania State University
J.D. 1990 Yale Law School; Executive Editor, Yale Law and Policy Review

Clerkships
1990-1991 Law Clerk to Hon. Edmund V. Ludwig, U.S. District Court, Eastern District of Pennsylvania (Philadelphia, PA)

Bar Admissions
Admitted to practice in Pennsylvania

Michael A. Schwartz
Partner
Phone: 215.981.4494
Fax: 215.981.4750
schwartzma@pepperlaw.com
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Office(s)
Philadelphia

Schwartz, Michael A

Practice Area(s)
Antitrust and Competition
Business Integrity

Canadian
Commercial Litigation

Consumer Fraud Litigation
Education Counseling, Litigation and Investigation Services

Financial Services Enforcement Response Team
First Amendment Litigation

Health Care White Collar Defense and Consultative Regulatory Investigation Services
International

International and Domestic Arbitration
Securities and Financial Services Enforcement Group

White Collar Litigation and Investigations


Articles


Is Your DBE Performing a Commercially Useful Function? Enforcement Trends in DBE Fraud Cases

Convergence: Government and Class Actions Target Payment Processing Relationships


FDIC Focuses on Payment Processing Programs at Community Banks: Is Your Compliance Sufficiently Robust?

New SEC Pay-to-Play and Solicitation Rules to Go into Effect


Pennsylvania Act No. 44: New ‘Pay-to-Play’ and Other Rules Governing Municipal Contracts

IRS Extends Deadline for Voluntary Disclosure of Foreign Accounts and Income


Voluntary Disclosure Program Encourages Compliance with Foreign Account Reporting

Companies Should Consider Using Special Outside Counsel to Conduct Certain Internal Investigations


Department of Justice Issues New Antitrust Leniency Letter

Federal Prosecutors and IRS Criminal Investigation Agents Are Investigating the Failure to Disclose Foreign Bank Accounts: Reports of Foreign Bank and Financial Accounts Are Due June 30, 2008


Federal Authorities Launch Investigations into the Subprime Meltdown


Articles


Preparing for the New Wave of Government Enforcement Activity in Financial Services


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