• Mike Martinez is an accomplished trial lawyer and leading national health care fraud practitioner. He represents individuals and corporations in a broad range of matters involving allegations of health care fraud, securities fraud, money laundering, cybercrime, public corruption and tax offenses, among other matters. He also conducts internal investigations and defends individuals in connection with internal investigations.

    A former federal prosecutor for more than a decade before embarking on private practice, Mike served as the executive assistant U.S. attorney for the district of New Jersey, including three years as executive assistant U.S. attorney in charge of all criminal and civil health care fraud cases. He was responsible for the office’s white collar programs, supervising lawyers in all criminal and civil cases brought by the office and coordinating with the U.S. Department of Justice Civil Division and partner investigative agencies in investigating and prosecuting white collar cases. Under Mike’s leadership, the office established its first stand-alone health care and government fraud unit, which broke ground nationally by combining criminal and civil AUSAs in same unit. Mike also successfully tried numerous cases, including prosecuting the former chairman of Cendant Corp., and he briefed or argued dozens of cases before the U.S. Court of Appeals.

    Experience

    • Secured trial victory for James Im, a former Nomura bond trader, clearing him of all claims of fraud brought by the U.S. Securities and Exchange Commission. The SEC alleged that Mr. Im lied to investors about pricing, profit margins and bond ownership. But Mr. Im’s defense proved that such talk was routine market conduct and ultimately had no impact on the pricing of such securities.

    • Represents senior executives of a major pharmaceutical company in parallel criminal and civil investigations conducted by the U.S. Attorney’s Office for the District of New Jersey and the U.S. Department of Justice for alleged off-label marketing and Anti-Kickback Statute violations.

    • Represents the owner of a South American sports broadcasting and marketing company who has been indicted by the U.S. Attorney’s Office for the Eastern District of New York for his alleged role in paying bribes to obtain commercial rights to FIFA-sanctioned soccer tournaments as part of a RICO conspiracy.

    • Represents a senior executive of a pharmaceutical company in a criminal antitrust investigation conducted by the U.S. Department of Justice for alleged price-fixing in the generic pharmaceutical industry. 

    • Represents the chief financial officer of a health care company in parallel criminal and civil investigations conducted by the U.S. Department for Justice of alleged fraudulent reimbursement claims. 

    • Represents the chief executive officer of an electronics manufacturing company in a criminal investigation conducted by the U.S. Department of Justice for alleged trafficking in counterfeit military goods.

    • Represents the chief executive officer of a mineral supplier and manufacturer in an internal investigation of potential OFAC violations.

    • Represents an executive of an automobile manufacturer in a criminal investigation conducted by the U.S. Department of Justice for alleged violations of the Clean Air Act. 

    • Represents a senior executive of a global commodities trading firm in a criminal investigation conducted by the U.S. Department of Justice for alleged Foreign Corrupt Practices Act violations.

    • Represented pharmaceutical sales representatives in a civil investigation conducted by the New Jersey Attorney General’s Office of opioid marketing.

    • Represented a senior executive of a global technology company in a criminal investigation conducted by the U.S. Department of Justice for alleged Foreign Corrupt Practices Act violations and cybercrimes.

    • Represented The Bank of New York Mellon in the first trial of noteholders against a residential mortgage-backed securitization trustee. Secured a complete defense victory after a three-week trial, defeating all claims for liability and more than $100 million in damages. Western & Southern Life Ins. Co. v. The Bank of New York Mellon, No. A1302490 (Ohio Ct. Common Pleas, Hamilton Cty. Aug. 4, 2017).

    • Represented CVS Health Corp.’s Omnicare unit in its settlement with the U.S. Attorney’s Office for the District of New Jersey, the U.S. Department of Justice and 28 states, arising out of a whistleblower lawsuit filed under the False Claims Act, resolving claims that its prescription verification system resulted in false claims being submitted to government health care programs.

    • Represented Regina Egea, New Jersey Gov. Christopher J. Christie’s former chief of staff and director of the Authorities Unit, in federal criminal proceedings conducted by the U.S. Attorney’s Office for the District of New Jersey and a state legislative investigation related to the alleged political motivations for the September 2013 lane realignments at the George Washington Bridge (“Bridgegate”).

    • Represented the general counsel of an investment fund in SEC and Commodity Futures Trading Commission investigations regarding potential fraud violations related to the miscalculation of derivative prices and the wrongful disclosure of management fees. Successfully persuaded the government not to file any charges against the client.

    • Conducted an internal investigation for a corporation in relation to potential Anti-Kickback Statute violations in the nursing home industry.

    • Represented Selim Zherka following his indictment in the Southern District of New York for making false statements to federally insured banks and for corresponding tax charges.

    • Represented a former contractor in a public corruption investigation conducted by the U.S. Attorney’s Office for the Eastern District of New York of contracts awarded by the United States Merchant Marine Academy. Successfully persuaded the government not to file charges against the client.

    • Conducted internal investigations for a global luxury resort and gaming corporation regarding allegations of money laundering and insider trading.

    • Represented a global financial institution in responding to Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) subpoenas and witness interview requests from three U.S. Attorney’s offices (Central District of California, District of Colorado and District of New Jersey) in connection with residential mortgage-backed securities (RMBS) investigations.

    • Represented an investment management company in responding to FIRREA subpoenas and witness interview requests from the U.S. Attorney’s Office for the Eastern District of New York in connection with RMBS investigations.

    • Represented an online gaming company in the New York State Attorney General’s investigation of potential violations of the Children’s Online Privacy Protection Act. Successfully persuaded the government not to file charges against the client.

    • Represented a dietary supplement company in the New York State Attorney General’s investigation of the dietary supplement industry for alleged false labeling and potential contamination of its products.

    • Represented Broadcom (formerly Avago Technologies) in responding to Federal Rule of Criminal Procedure 17(c) subpoenas in connection with a federal indictment for economic espionage and theft of trade secrets. United States v. Wei Pang, CR-15-106 (N.D. Cal. 2015).

    • Conducted an internal investigation for a global financial institution regarding allegations that an affiliate was implicated in a government extortion and bribery scheme in a New Jersey municipality.

    • Represented a hedge fund in obtaining an arbitration award in excess of $150 million. After a five-day hearing, successfully persuaded the arbitrator that the opposing party had fraudulently induced the client to relinquish its interest in a joint venture by concealing the pending sale of the joint venture’s chief asset.

    Credentials

    Education

    • J.D., Yale Law School, 1995
    • B.A., magna cum laude, Brown University, 1992
      • Phi Beta Kappa

    Bar Admissions

    • New Jersey
    • New York

    Clerkships

    • Honorable Samuel A. Alito, Jr., U.S.C.A., 3rd Circuit

    Court Admissions

    • U.S.C.A., 3rd Circuit
    • U.S.D.C., District of New Jersey
    • U.S.D.C., Eastern District of New York
    • U.S.D.C., Southern District of New York

    Professional Affiliations

    • Hispanic Bar Association of New Jersey
    • Hispanic National Bar Association
    • The Association of Criminal Defense Lawyers of New Jersey
    • The Association of the Federal Bar of New Jersey