Jan 1998–Present
Current role
Partner
Hinckley Allen
Boston, Massachusetts
AttorneyCivil LitigationAttorney AdvisorWhite Collar CrimeGovernment
Partner and Co-Chair in the Firm’s White Collar & Government Enforcement Group.
About
Michael is a Partner and Co-Chair in the Firm’s White Collar & Government Enforcement Group.
As an Assistant United States Attorney, Michael tried nearly a dozen cases to verdict – resulting in convictions of all defendants in every case. As a prosecutor, Michael concentrated in economic crimes including securities fraud, health care fraud, corruption, tax fraud, and bank fraud. Attorney General Janet Reno awarded Michael the 1996 John Marshall Award, the U.S. Department of Justice’s highest award for trial work. He received this honor for his successful work in prosecuting what then-FBI Director Louis J. Freeh hailed as “the largest commercial bribery case in the history of the Department of Justice,” involving 22 former executives with American Honda Motor Company and some of the country’s largest automobile dealers. The prosecution culminated in a four-month jury trial that resulted in the conviction of two former American Honda senior executives of RICO violations, conspiracy and various other fraud charges.
Since leaving the government, Michael has distinguished himself in trying high-stakes business disputes and white collar criminal cases, including several recent wins against the U.S. Department of Justice. He has served as lead counsel in over four dozen trials in Federal and State courts throughout New England, as well as in New York, New Jersey, Delaware, Tennessee and Florida. Michael’s accomplishments as a trial lawyer led to his induction into the American College of Trial Lawyers.
Michael has successfully represented senior executives of publicly traded companies and others in SEC investigations and enforcement actions involving allegedly fraudulent disclosures, insider trading, revenue recognition issues, options back-dating, market timing, and various regulatory violations, including prevailing against the SEC at the U.S. District Court level and before the First Circuit Court of Appeals.
Michael also has extensive experience in defending pharma executives, academic medical centers and various other health care providers in grand jury investigations and False Claims Act prosecutions. Michael provides guidance to corporate officers and boards of directors on various issues involving the Foreign Corrupt Practices Act, voluntary and mandatory disclosures, and public relations, among others. Michael is currently defending a global pharmaceutical company in connection with an investigation of alleged fraudulent marketing practices of opioid medications; a non-profit patient assistance fund being investigated for Anti-Kickback Statute and tax violations; and several pharma executives being investigated for off-label marketing, Anti-Kickback violations and securities fraud.
Michael regularly conducts large-scale internal and independent investigations into billing issues and various forms of possible criminal, unlawful and unethical conduct, including highly publicized sexual abuse scandals involving several prominent boarding schools, a world-renowned professional sports organization and other entities.
Roles
Sep 1994–Mar 1997
Former role
Prosecutor
U.S. Attorney’s Office
(appointed)
AttorneyWhite Collar Crime
Concentrated in economic crimes including securities fraud, health care fraud, corruption, tax fraud, and bank fraud.
Feb 1992–Aug 1994
Former role
Assistant United States Attorney
U.S. Attorney’s Office
(appointed)
AttorneyLegal AssistantWhite Collar CrimeLegal
Nearly a dozen cases to verdict – resulting in convictions of all defendants in every case.
Representative matters
Experience
August 2025
Michael’s two most recent trials against the Boston U.S. Attorney’s Office resulted in the juries acquitting his clients on all charges (one involved allegations that his client issued prescriptions for opioids in the absence of medical necessity, and the other involved wire fraud and conspiracy charges in connection with a casino development). A third recent health care trial resulted in a hung jury and a mistrial. Michael has also convinced federal and state prosecutors to decline prosecution in many cases and has secured voluntary dismissals of indictments against corporations and individuals, including the following examples: -The dismissal of mail fraud charges against the public contractor that installed the ceiling panel in the I-90 Connector Tunnel to Logan Airport [as part of a project known as “the Big Dig”) that collapsed, fatally injuring a motorist (United States v. Modern Continental, No. 08 cr. 10183-DPW (D. Mass.)] -The dismissal of immigration fraud charges against a recruiter in the hotel industry [United States v. Kirsch, No. 1:14-cr-131-01/02-JD (D.N.H.)] -The dismissal of ERISA fraud and mail fraud charges against an asbestos remediation contractor [United States v. Air Quality Experts, Inc., No. 16 cr. 10014 (D. Mass.)] Michael has served as lead counsel in dozens of False Claims Act cases, achieving the following outcomes: -The dismissal of a qui tam case brought against one of the largest public contractors in New England on a Rule 12(b)(6) motion -Numerous declinations by federal prosecutors following protracted investigations -Agreements with federal prosecutors to return overpayments to CMS without any further government action -Agreements with federal prosecutors to close False Claims Act investigations and resolve overpayment issues based on common law theories only, such as unjust enrichment.
Projects
Reported Cases
Fialkov v. Microsoft Corp., 72 F. Supp. 3d 1220 (W.D. Wash. 2014), aff’d, 692 F. App’x 491 (9th Cir. 2017) United States v. Thompson, 229 F. Supp. 3d 91 (D. Mass. 2017) State v. Actavis Pharma, Inc., 167 A.3d 1277 (N.H. 2017) United States v. Thompson, 229 F. Supp. 3d 91 (D. Mass. 2017) United States v. Gattineri et al, 1:14CR10284-NMG (2016) SEC v. Andrade, 157 F. Supp. 3d 124 (D.R.I. 2016) United States v. Denunzio, 123 F. Supp. 3d 135 (D. Mass. 2015) ACQIS, LLC v. EMC Corp., 109 F. Supp. 3d 352 (D. Mass. 2015) United States v. Pliner et al, 1:11CR10070-PBS (2015) Bower v. El-Nady, 962 F. Supp. 2d 368 (D. Mass. 2013) Michelin North Am., Inc. v. Inter-City Tire & Auto Ctr., Inc., 2013 U.S. Lexis 120635 (D.S.C. 2013) United States v. Zolot, 2013 U.S. Dist. Lexis 129690 (D. Mass. 2013) Milford-Bennington R.R. Co. v. Pan Am Rys., Inc., 695 F.3d 175 (1st Cir. 2012) Bower v. El-Nady, 847 F. Supp. 2d 266 (D. Mass. 2012) Rubio v. Rubio, 964 N.Y.S. 2d 62 (N.Y. Sup. Ct. 2012) Grand Circle, LLC v. CCO Investment Services Corp., No. 09-06454, 2010 NASD Arb. LEXIS 1412 (NASD Arb. 2010) State v. Breed, 159 N.H. 61 (2009) Hall v. Brooks, No. 08-00101, 2009 U.S. Dist. LEXIS 54378 (D. N.H. 2009) In re Publ’n Paper Antitrust Litig., No. 04-1631, 2009 U.S. Dist. LEXIS 66654 (D. Conn. 2009) GT Solar, Inc. v. Goi, No. 08-249, 2009 U.S. Dist. LEXIS 97108 (D. N.H. 2009) SEC v. Papa, 555 F.3d 31 (1st Cir. 2009) New England Southern R.R. Co. v. Boston & Me. Co., 2008 U.S. Dist. LEXIS 105580 (D.N.H. December 31, 2008) United States v. Quriaishi, 2008 U.S. Dist. LEXIS 77387 (D. Mass. March 5, 2008) Kolancian v. Snowden 532 F.Supp.2d (D. Mass. 2008) United States v. Shanahan, 2007 U.S. Dist. LEXIS 61124 (D.N.H. August 15, 2007) United States v. Mason, 497 F.Supp.2d 328 (D.R.I. 2007) SEC v. Durgarian, 477 F.Supp.2d 342 (D. Mass. 2007) United States v. Urciuoli, 470 F.Supp.2d 109 (D.R.I. 2007) Enterasys Networks, Inc. v. DNPG, LLC, 2006 U.S. Dist. LEXIS 42225 (D.N.H. June 12, 2006) United States v. Guerrette, 389 F. Supp.2d 10 (D.Me. 2005) United States v. Mikutowicz, 365 F.3d 65 (1st Cir. 2004) In re Tyco Intern., Ltd., 340 F.Supp.2d 94 (D.N.H. 2004) In re Tyco Intern., Inc. Multidistrict Litigation (MDL 1335), 2004 WL 556715 (D.N.H. March 19, 2004) Rooney v. Walt Disney World Co., 2003 WL 22937728 (D. Mass. November 25, 2003) Chrysler Corporation v. Chaplake Holdings, Ltd., 822 A.2d 1024 (Del. 2003) Champion Exposition Services, Inc. v. Hi-Tech Electric, 273 F.Supp.2d 172 (D. Mass. 2003) United States v. Mikutowicz, 2003 WL 21857885 (D. Mass.) United States v. Mikutowicz, 2002 WL 31528324 (D.Mass.) Burling v. Chandler, 804 A.2d 471 (N.H. 2002) Waters v. Walt Disney World Company, 237 F.Supp.2d 162 (D.R.I. 2002) Chaplake Holdings, Ltd. v. Chrysler Corporation, 766 A.2d 1 (Del. 2001) Coakley Landfill Group v. IT Corporation, 116 F.Supp.2d 244 (D.N.H. 2002) United States v. Shea, 211 F.3d 658 (1st Cir. 2000) (Trial Counsel Only) Chaplake Holdings, Ltd. v. Chrysler Corporation, 1999 WL 167834 (Del.Super.) United States v. Shea, 957 F.Supp. 331 (D.N.H. 1997) United States v. Joselyn, 99 F.3d 1182 (1st Cir. 1996) United States v. Conway, 81 F.3d 15 (1st Cir. 1996) United States v. Cardiges, 881 F.Supp. 717 (D.N.H. 1995) Thomas v. American Cyanamid Company, 7 F.3d 235 (6th Cir. 1993) (Trial counsel only) United States v. McCoy, 977 F.2d 706 (1st Cir. 1992) United States v. Desmarais, 938 F.2d 347 (1st Cir. 1991)
Recognition
Honors
John Marshall Award
U.S. Department of Justice
May 1996
Attorney General Janet Reno awarded Michael the 1996 John Marshall Award, the U.S. Department of Justice’s highest award for trial work. He received this honor for his successful work in prosecuting what then-FBI Director Louis J. Freeh hailed as “the largest commercial bribery case in the history of the Department of Justice,” involving 22 former executives with American Honda Motor Company and some of the country’s largest automobile dealers. The prosecution culminated in a four-month jury trial that resulted in the conviction of two former American Honda senior executives of RICO violations, conspiracy and various other fraud charges.
Best Lawyers
Best Lawyers in America
August 2025
(2005-2026) Lawyer of the Year (2015) Bet-the-Company Litigation Commercial Litigation Criminal Defense: White-Collar Litigation — Banking and Finance
Litigation Star
Benchmark Litigation
August 2025
(2023-2025)
Chambers and Partners
Chambers USA
August 2025
(2004-2025) Band 1, Litigation: White-Collar Crime & Government Investigations Band 2, Litigation: General Commercial
Criminal Defense: White Collar
Super Lawyers, Massachusetts
February 2024
(2004-2006, 2008-2024)
Granite State's Ideal Attorneys, Federal Criminal Law category
New Hampshire Magazine
May 2007
(2003-2008)
Publications & speeches
Massachusetts Lawyers Weekly: Hinckley Allen Team Makes History With $34.5M Whistleblower Recovery
Hinckley Allen Publications
April 2025
James L. Tuxbury, Christopher V. Fenlon, Michael J. Connolly, and Janelle A. Pelli were recently featured in Massachusetts Lawyers Weekly for their historic victory on behalf of their client, Carlos Domenech Zornoza, in Zornoza v. Terraform, Global Inc. — a record-breaking $34.5 million settlement in a Sarbanes-Oxley Act whistleblower retaliation suit.
Law.com: Fired CEO Reaches $34.5M Settlement in Sarbanes-Oxley Whistleblower Lawsuit
Law.com
August 2025
The Court’s finding of liability in favor of Mr. Domenech under SOX represents a landmark moment in whistleblower protection law, he alleged unlawful termination under the Sarbanes-Oxley Act.
Law360: Ex-SunEdison Exec Gets ‘Historic’ $34.5M Deal In SOX Case
Law360
April 2025
A former SunEdison Inc. executive scored a record-breaking $34.5 million settlement with SunEdison-sponsored yieldcos he once ran following a nearly decade long legal battle and a finding that he was fired as retaliation in violation of the Sarbanes-Oxley Act for highlighting potential securities laws violations, his Hinckley Allen attorneys announced Thursday.
Sexual Misconduct Allegations: Prompt, Thorough and Coordinated Response and Prevention Strategies Are Critical
Hinckley Allen Publications
December 2017
In today’s environment, following the almost daily allegations and revelations of sexual misconduct in media, government, academia, and the private sector, it is clear that no industry, and no company or organization, is immune from these incidents. This is not just a “Hollywood problem.” The Hinckley Allen Government Enforcement & White Collar Defense Practice Group has extensive experience assisting public, private and government clients in addressing these allegations across a variety of industries, including health care, higher education, and construction.
DOJ’s New Policy Against Corporate Fraud
Hinckley Allen Publications
September 2015
On September 9, 2015, the U. S. Department of Justice announced a new mandate that will potentially affect criminal and civil investigations and prosecutions across all industries. Specifically, Deputy Attorney General Sally Yates issued a memo (“Yates Memo”) stating that the Justice Department is now going to focus its efforts and resources on, and hold accountable, individual executives in its continuing fight against corporate fraud. The Yates Memo, formally titled, “Individual Accountability for Corporate Wrongdoing,” also stated that corporations are expected to cooperate in the Justice Department’s efforts to hold executives accountable and that there will be adverse consequences for failing to do so. Accordingly, the Yates Memo affects both individuals and corporations.
WEBINAR: Navigating Public Construction Minefields
Hinckley Allen — Webinar
May 2021
Hinckley Allen construction, environmental and government enforcement & white collar defense attorneys have teamed up to address important developments and legal issues relating to government investigations of public contractors. This webinar, sponsored by CIM and UCANE, will focus on recent legal developments and best practices to avoid and defend against law enforcement actions in the public construction industry.
WEBINAR: School Reopenings–Risk Management for New England Colleges and Boarding Schools
Hinckley Allen
May 2020
Join Hinckley Allen on Wednesday, May 27, 2020 as our experts help New England colleges and boarding schools reopen safely.
Deal Me In! An Overview of Gaming in Massachusetts
ABA Criminal Justice Section, White Collar Crime Committee Fall Roundtable
September 2016
Hinckley Allen attorneys are participating in the panel discussion, “Deal Me In! An Overview of Gaming in Massachusetts”, moderated by the Honorable Martha Coakley. Hosted by the ABA Criminal Justice Section, White Collar Crime Committee Fall Roundtable, the panel will focus on the recently adjudicated U.S. v. De Nunzio et al. case. The panel includes members of the prosecution and defense teams in that matter, in which the defendants were acquitted of conspiracy and wire-fraud charges related to the alleged concealment of pre-transaction ownership interests of real property, located in Everett, Mass., on which the Commonwealth’s first resort-casino is currently being built.
Construction SuperConference 2013
December 2013
The panel discussion will focus on the recent significant increase in federal criminal DBE fraud investigations. Recent convictions have involved not only sham DBEs but also non-DBE companies who actually performed the DBE subcontract, as well as general contractors who contracted with sham DBEs. The panel will also include a discussion of recent outcomes of these investigations which include prison sentences, fines and/or debarment. In this presentation, panel members will educate attendees on best practices, alerting the audience of OIG Indicators in an effort to protect them or their companies from becoming a target or subject of a federal DBE investigation.