Jonathan L. Kotlier

Corporations and special litigation committees frequently engage Jonathan to conduct internal investigations on their behalf. He recently represented executives at several different pharmaceutical companies in investigations involving off-label promotion and False Claims Act violations. He regularly represents individuals and corporations before the Securities and Exchange Commission (SEC), FINRA, and the Massachusetts Securities Division.

Jonathan has an outstanding track record of persuading prosecutive agencies not to bring actions against his clients. His many successful representations have earned him recognition from Chambers and Partners.

Notable Representations and Client Impact

Healthcare and False Claims Act Matters: 

• National dental insurer in False Claims Act case in Dallas, Texas, alleging improper billing.
• Several high-level executives at Aegerion Pharmaceuticals in a criminal investigation conducted by U.S. Attorney’s Office in Boston into billing and HIPAA issues. No action was taken against any of the clients.
• Blood laboratory in a whistleblower suit alleging fraudulent billing practices. Convinced judge to reconsider and change his ruling that laboratories are not obligated to certify the medical necessity of physician-ordered tests. (U.S. ex. rel. Groat v. Boston Heart Diagnostics, 2017 WL 6327540 (D.D.C. Dec 11, 2017)).
• Pathology laboratory sued in a qui tam action under the False Claims Act. Negotiated a very favorable settlement with the U.S. Attorney’s Office and the Massachusetts Attorney General’s Office. 
• Regional health insurance plan in qui tam lawsuit alleging billing improprieties. Motion to Dismiss was granted. 
• Senior executive at a pharmaceutical company investigated for off-label marketing. 
• Neurosurgeon who was investigated by the U.S. Attorney’s Office in Rhode Island for having committed criminal violations of the False Claims Act relating to alleged improper billing. No criminal charges or civil claims were brought against the client. 
• Major university in federal investigation of alleged False Claims Act violations.

Securities Enforcement/Business Litigation: 

• Stock promoter in criminal case charging him with market manipulation. Lenient sentence obtained.
• Closely held high tech company in litigation brought by a minority shareholder claiming a breach of fiduciary duty. After extensive litigation, a favorable settlement was reached. 
• Several individuals investigated by the SEC and U.S. Attorney’s Office for insider trading. 
• Parametric Technology Corporation in a suit brought in federal court in Boston by GE Capital Leasing Corp. alleging violations of RICO. PTC’s motion to dismiss was granted. 
• Advest (acquired during the litigation by Merrill Lynch) was sued in federal court in Boston by bond purchasers who claimed that Advest was negligent in underwriting the bond offering. The court granted Advest’s Motion to Dismiss, which was affirmed by the First Circuit (ACA Financial v. Advest, 512 F.3d 46 (1st Cir. 2008)).

Internal Investigations/Miscellaneous Matters: 

• Parent charged in the “Varsity Blues” college admissions case.
• National health insurance company relating to allegations of fraudulent billing practices.
• Special Litigation Committee of the board of directors of a chemical company in its investigation of claims of breach of fiduciary duty by the CEO. 
• Aluminum company that contracted with various government entities and was facing possible debarment by the U.S. Army’s Suspension and Debarment Office for alleged fraudulent billing. No action was taken. 
• Associate professor at a major research university in an investigation by the U.S. Attorney’s Office into academic fraud relating to grant applications. 
• Legal malpractice action on behalf of a large international company against its trial counsel, an Am Law 50 law firm, which had defended the company in a breach of contract action in which a jury had awarded damages to the plaintiff in the amount of $28 million. A very large settlement for the client was negotiated. 
• Appointed by the Massachusetts Supreme Judicial Court as special counsel to investigate allegations of improprieties within the judicial system.

Jonathan has a long and successful history as a trial attorney. While at the U.S. Attorney’s Office, he gained extensive experience trying complex white collar criminal cases involving securities and investor fraud. He has tried to verdict over 20 jury trials.

As chief of the Economic Crimes Unit, he worked closely with the SEC and the Massachusetts Division of Securities to develop many successful securities fraud prosecutions. He prosecuted, and supervised the prosecution of, numerous securities fraud cases involving accounting fraud, FCPA violations, market manipulation, investment advisor fraud, and insider trading. He served on the Securities and Commodities Fraud Working Group of the Department of Justice.

Jonathan continues his leadership outside the firm as a member of, and past co-chair, the Criminal Justice Section of the Boston Bar Association, where he has moderated the annual securities enforcement program for several years. Recently, he was selected to be a member of the BBA’s Amicus Committee.