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David A. Vicinanzo



A trial lawyer, David A. Vicinanzo serves a broad array of clients—from Fortune 100 to pro bono—in New England, New York, the Washington, DC, area, and elsewhere. He practices primarily in the area of government investigations and the representation of organizations and individuals in complex civil and criminal matters.

What do you focus on?

Before joining the firm, I was a federal prosecutor in Washington, DC, and New England for thirteen years. I served in Washington, DC, as an Advisor to the U.S. Attorney General, and as Chief Prosecutor in the campaign finance investigation of the 1996 presidential election. In that position I managed a task force of approximately one hundred attorneys, agents and analysts that interviewed thousands of people, reviewed millions of documents, and obtained the convictions of more than twenty defendants, including John Huang, Yah Lin “Charlie” Trie and Maria Hsia (organizer of the Buddhist Temple matter).

I also served as Acting U.S. Attorney for the District of New Jersey (investigation of U.S. Senator Robert Torricelli), and Special Assistant U.S. Attorney in Massachusetts. In addition, I served as the First Assistant U.S. Attorney for the U.S. Attorney’s Office for the District of New Hampshire, where I managed an office of fifty lawyers, analysts and staff. In this position, I was responsible for all aspects of office management including case development, civil enforcement and criminal prosecutions, agency relations and personnel decisions as well as a substantial litigation caseload.

Previously, I spent ten years as an Assistant U.S. Attorney and five years as Criminal Division Chief. During my tenure as a prosecutor, I tried or supervised hundreds of cases, from securities fraud, FCPA violations, environmental crime and intellectual property infringement to health care fraud, child protection, asset forfeiture, government contract fraud, export violations and major racketeering. These included some of the most difficult and complex cases brought by the USDOJ in the 1990s.

What do you see on the horizon?

The government’s role in the economy continues to expand and the risk of investigation is the new normal. Modern enterprises now face unworkable burdens. As a result, businesses increasingly need counsel from someone who speaks the government’s language, but also understands how a competitive, successful business works.

Representative Experience

  • Served as a prosecutor for the “Code of Silence” racketeering murders case which led to the RICO convictions of a Boston organized criminal gang for abductions, murders and a dozen armored car and bank heists from Maine to Florida
  • Served as a prosecutor for the American Honda Executives case, which resulted in the conviction in federal court of twenty-four former executives or dealers of the American Honda Motor Company nationwide. The New York Times called the case “the biggest commercial bribery case ever prosecuted by the Department of Justice”
  • Served as a prosecutor for one of the largest drug importation cases in New England, which resulted in twenty convictions, life sentences, and millions of dollars in fines and forfeited drug proceeds and laundered assets
  • Managed over fifty prosecutions for bank fraud, bribery, mail and wire fraud, insider trading, and market manipulation arising from numerous large bank failures in New England including the conviction of front-running bank stock trader Charles Howard
  • Obtained declinations of criminal prosecution for numerous federal and state officials investigated for alleged campaign finance and election law violations.
  • Successful representation of the New Hampshire legislature in decennial redistricting litigation. (See City of Manchester v. Sec'y of State, No. 2012-338, 2012 N.H. LEXIS 81 (N.H. June 19, 2012).
  • Successful representation of the U.S. Court of Appeals for the First Circuit in judicial discipline matters.
  • Successful defense of corporation investigated for alleged fraud, negligence, and false claims on Boston’s Big Dig tunnel collapse.
  • Successful defense of major military contractors against DOJ investigations of Iraq and Afghanistan engagements.
  • Appointed by the U.S. District Court in Boston as the SEC’s receiver in SEC v. Bleidt et al., a major investment fraud case. Recovered millions for defrauded investors. The federal judge described the work and results as “outstanding.”
  • Successful defense of Smith & Nephew, Inc., one of the largest medical device companies in the world, in federal industry investigation in New Jersey, including negotiating Deferred Prosecution Agreement (DPA) and managing process of outside monitorship.
  • Successfully defended several major law firms in different venues from government attempts to breach the attorney-client and work product privileges in federal investigations.
  • Defended billion-dollar equipment manufacturer against charges brought by Environmental Protection Agency; charges dropped in favor of minimal civil penalty.
  • Obtained defense verdict in federal jury trial as lead counsel for major pharmaceutical company
  • Successful defense of international organization in civil class action and related criminal fraud investigation by State Attorney General; prosecution declined, favorable civil settlement.
  • Successful litigation and settlement on behalf of multinational corporation against state government alleging trade discrimination, antitrust and commerce clause violations.
  • Successful litigation on behalf of billion-dollar corporation alleging unfair trade practices and fraud.
  • Successful defense of various hedge funds in SEC and criminal investigations; all civil and criminal charges declined.
  • Successful defense of major international manufacturer against charges of importation and environmental violations brought by U.S. Customs and EPA; prosecution declined.
  • Successful defense of government contractors against False Claims Act charges by U.S. Department of Defense and U.S. Attorney; civil and criminal charges declined.

Special Counsel Mueller focuses on Trump's son

BuzzFeed | August 18, 2017

Manchester partner and government investigations and white collar defense practice group leader Dave Vicinanzo provides third party commentary in an article on the investigation into Donald Trump Jr.’s meeting with a Russian lawyer.

Trump hires Denver attorney Ty Cobb who participated in Qwest fraud cases

The Denver Post | July 16, 2017

This article focuses on the Trump administration’s appointment of Ty Cobb as special counsel to oversee the White House’s responses to the investigations into Russian meddling in the recent presidential election.  Manchester government investigations and white collar defense partner Dave Vicinanzo provides third-party commentary about his interactions with Ty Cobb when Dave was a federal prosecutor.

Pro bono case leads to law change

New Hampshire Bar News | June 21, 2017

This Q&A with Manchester government investigations and white collar defense partner and practice group leader Dave Vicinanzo is about his pro bono case that inspired him to help draft a bill which changes how parental rights are terminated in situations when the pregnancy is a result of sexual assault.

Rape changed her life—and New Hampshire law

New Hampshire Union Leader | May 13, 2017

This article is about Manchester government investigations and white collar defense partner and practice group leader Dave Vicinanzo’s pro bono client. Inspired by this case, Dave helped draft a bill, set to be signed into law, which changes how parental rights are terminated in situations when the pregnancy is a result of sexual assault.

A price on their heads: U.S. DOJ targets execs

New Hampshire Business Review | May 13, 2016

Partner and Government Investigations & White Collar Defense practice group leader Dave Vicinanzo authored this column about the “Yates Memorandum” that revises the Department of Justice’s policy that targets individual employees and executives in investigations, prosecutions and resolutions of corporate wrongdoing.

3rd Circ. Reins In Damages for Disadvantaged Business Fraud

Law360 | October 05, 2015

Government Investigations & White Collar Defense practice group leader Dave Vicinanzo, partner Mark Molloy and associate Emily Crandall Harlan authored this column on curtailing an aggressive loss theory that held defendants to more than the government’s loss in some fraud cases.

New DOJ Policy May Lead to Fewer Plea Deals

Bloomberg BNA White Collar Report | September 25, 2015

This story discusses a new Justice Department policy in which federal prosecutors must focus on individual accountability and that eliminates partial credit for corporate cooperation may have unintended consequences. The topic was the focus of a Nixon Peabody webinar presented by the Government Investigations & White Collar Defense team. Brian Kelly and Dave Vicinanzo are quoted.

Contact

David A. Vicinanzo

Partner
Practice Group Leader, Government Investigations & White Collar Defense

Boston

Phone: 617-345-1177

Manchester

Phone: 603-628-4083


Fax: 866-947-0758

Fordham University School of Law, J.D.

National Autonomous University of Mexico, Graduate Studies as a Rotary Fellow

Harvard University, B.A., with honors

U.S. Court of Appeals, First Circuit

U.S. Court of Appeals, Second Circuit

U.S. Court of Appeals, Eighth Circuit

U.S. Court of Appeals, District of Columbia Circuit

U.S. Supreme Court

New York

New Hampshire

David Vicinanzo was selected by his peers for inclusion in The Best Lawyers in America© 2019 in the fields of: Commercial Litigation; and Criminal Defense: White-Collar. David has been listed in Best Lawyers since 2009.

David has been recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2018 for Litigation: General Commercial as well as Litigation: White-Collar Crime & Government Investigations (New Hampshire), and was described in the 2013 edition as “one of the go-to guys in white-collar crime.” He has also been recognized in Chambers USA in previous years and is accorded the highest professional and ethical standards (AV) by Martindale-Hubbell.

David is also recognized in the 2012 edition of Benchmark Litigation, the definitive guide to America’s leading litigation firms and attorneys.

David has been featured as one of the top lawyers worldwide in International Who's Who of Business Crime Lawyers.

David Vicinanzo is the recipient of the firm’s Peabody Award for donating more than 1000 hours of pro bono time defending victims of domestic violence and indigent defendants.

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