Introduction
Zach Cunha is a member of the firm’s Litigation Department and Government Investigations & White Collar Defense practice group. Zach is a former United States Attorney and federal prosecutor who brings a unique blend of experience to clients facing high-stakes government investigations, enforcement actions, or complex litigation matters, based on his two decades of distinguished service with the United States Department of Justice and nearly quarter-century experience as a litigator.
My focus
I bring a depth of experience handling and supervising criminal, civil, and civil rights cases and investigations at all levels of complexity across multiple industries, including healthcare, defense, and education, at every stage from investigation through litigation – both in federal district court and on appeal.
From 2021-2025, I served as US Attorney for the District of Rhode Island, where, as the state’s Presidentially appointed, Senate-confirmed chief federal law enforcement officer, I supervised and led a team of dedicated federal prosecutors as they built complex prosecutions, frequently with national reach and scope.
I also served as a leader within the US Attorney community, tapped to sit on the Attorney General’s Advisory Committee, a small group of US Attorneys who advise Justice Department leadership on matters of policy, and co-chairing the Steering Committee of the Department’s Opioid Epidemic Civil Litigation Task Force, where I helped devise and advance the Department’s strategy in multiple cases under the False Claims and Controlled Substances Acts.
Ove the course of my 20-year career with DOJ, I also served as an Assistant United States Attorney in the Eastern District of New York, the District of Massachusetts, and the District of Rhode Island, where I handled complex, often nationally significant cases and investigations, while at the same time holding leadership roles including Chief of the Civil Division in Rhode Island, and Chief of the District of Massachusetts’ nationally-prominent Affirmative Litigation Practice. There, I handled and supervised multiple groundbreaking healthcare fraud and False Claims Act matters, including as a member of the prosecution team that recovered what was, at the time, the largest healthcare fraud recovery in US history, and for which I was recognized with DOJ’s highest honor: the Attorney General’s Award for Exceptional Service.
Among other areas, my work with DOJ focused extensively on:
- The federal False Claims Act and its state equivalents (including civil investigative demands);
- Every aspect of affirmative and defensive civil litigation, from inception through resolution;
- Civil and criminal health care fraud enforcement;
- Civil rights enforcement, by DOJ and in partnership with other federal agencies, including the Departments of Health and Human Services and Education;
- Supervising and directing agency investigations;
- Challenges to federal agency action under the Administrative Procedures Act.
Representative experience
Prior Government Experience
US ATTORNEY FOR THE DISTRICT OF RHODE ISLAND, 2021–2025
- Led and managed a staff of federal prosecutors and paraprofessionals handling all criminal and civil litigation within the District of Rhode Island, including violent crime, cybercrime, civil rights, and opioids
- Oversaw and expanded a robust criminal and civil white-collar and healthcare fraud practice, including cases brought under the False Claims, Food Drug and Cosmetic, and Controlled Substances Acts
- Handled briefing and argument of significant cases at both the district court and circuit level
- Served as a member of the Attorney General’s Advisory Committee (AGAC) as well as the AGAC’s white-collar and controlled substances subcommittees, and as co-chair of the Justice Department’s Opioid Epidemic Civil Litigation Task Force, working with senior Department leadership in coordinating enforcement efforts
CHIEF, CIVIL DIVISION, 2018–2021
- Supervised all civil litigation and appeals involving the United States in the District of Rhode Island and the First Circuit, managing a team of civil Assistant US Attorneys and support staff
- Personally handled a varied caseload of complex civil, appellate, and criminal matters, with emphasis on white-collar fraud and affirmative civil enforcement under the False Claims Act, and asset forfeiture
- Appointed to serve on the Department’s national Civil Chiefs’ Working Group
ASSISTANT US ATTORNEY, DISTRICT OF RHODE ISLAND, 2013–2021
ASSISTANT US ATTORNEY, DISTRICT OF MASSACHUSETTS, CHIEF, AFFIRMATIVE LITIGATION UNIT, 2008–2013
- Responsible for the investigation and prosecution of healthcare, grant, and procurement fraud under the False Claims Act, the Food Drug & Cosmetic Act, as well as other civil and criminal matters in the District of Massachusetts and the First Circuit, both at the pre-filing investigative stage, as well as in active litigation, on trial, and appeal
- Served as Chief of the District’s nationally recognized Affirmative Litigation Unit from 2012–2013. In that capacity, responsible for supervising and reviewing all affirmative litigation and investigations conducted by the Civil Division. Served as Deputy Chief of Affirmative Litigation, 2010–2012.
ASSISTANT US ATTORNEY, EASTERN DISTRICT OF NEW YORK, 2005–2008
- Responsible for handling all aspects of affirmative and defensive civil litigation involving the United States, in the Eastern District of New York, as well as before the Second Circuit
- Extensive experience in motion, pretrial, trial, and appellate practice
- Specific areas of focus included labor and employment, affirmative civil penalty, healthcare fraud, environmental and civil RICO litigation, and defensive constitutional, policy, and immigration matters, as well as civil and criminal asset forfeiture cases
ASSISTANT CORPORATION COUNSEL, SPECIAL FEDERAL LITIGATION DIVISION
NEW YORK CITY LAW DEPARTMENT, 2001–2005
- Extensive experience of all aspects of litigation on behalf of the City of New York and its officials in the Southern and Eastern Districts of New York from inception through jury trial
Looking ahead
A rapidly changing federal regulatory and enforcement landscape presents complex challenges in multiple sectors for business, nonprofits, and educational and research institutions. As the Administration’s priorities come into focus, early trends suggest that the False Claims Act will remain a central enforcement mechanism to leverage policy compliance in the higher education, government contracting and other sectors.
With the FCA explicitly referenced in at least one significant Executive Order, expect to see extensive litigation surrounding the materiality of new contract and grant conditions. Similarly, a changing regulatory landscape will likely give rise to direct challenges to federal rulemaking, as well as the need to navigate a rapidly changing enforcement and investigative landscape. All of this will play out across industries, with a significant impact on the healthcare, government procurement, and education sectors.
/Insights
Presentations
- Frequent speaker at conferences and CLE presentations, including for the New England Healthcare Financial Management Association and the Rhode Island Bar Association, on topics such as healthcare fraud, prosecuting corporate executives, government enforcement trends, and the False Claims Act
- Keynote Speaker: R.I. Lawyer’s Weekly Excellence in the Law Awards, Jun. 7, 2022
In the news
- Massachusetts Lawyers Weekly
SCOTUS ruling seen as boon to civil RICO plaintiffs
April 11, 2025Providence Government Investigation & White-Collar Defense partner Zach Cunha provides commentary on how the recent US Supreme Court decision in Medical Marijuana, Inc. v. Horn could impact how attorneys pursue relief under the civil RICO statute. Zach discusses why he does not see Horn opening the floodgates to civil RICO litigation, as well as how courts have often drawn a distinction between business or property injuries as opposed to personal injuries under the statute.
- Reuters
The Daily Docket
March 6, 2025This roundup of recent hirings and promotions across the legal industry highlights the arrival of New York City Corporate partner Molly Unterseher, a member of NP’s Nonprofit Organizations team, as well as Zach Cunha’s arrival to NP.
- Bloomberg Law
Nixon Peabody taps former US Attorney Zachary Cunha as partner
March 4, 2025The following article covers the NP arrival of Providence Government Investigation & White-Collar Defense partner Zach Cunha. Zach is quoted in the coverage discussing his decision to join NP. Boston partner and GIWC practice leader Rob Fisher is also quoted from the firm’s press release.
- The Providence Journal
Former Rhode Island US Attorney Cunha lands a new gig
March 4, 2025The following article covers the NP arrival of Providence Government Investigation & White-Collar Defense partner Zach Cunha. Zach is quoted in the coverage discussing his decision to join NP. Boston partner and GIWC practice leader Rob Fisher is also quoted from the firm’s press release.
- The American Lawyer
Big law firms continue hiring streak of senior government lawyers
March 3, 2025The following article covers the NP arrival of Providence Government Investigation & White-Collar Defense partner Zach Cunha. Zach is quoted in the coverage discussing his decision to join NP. Boston partner and GIWC practice leader Rob Fisher is also quoted from the firm’s press release.
- The Boston Globe
Rhode Island’s former US attorney has a new job in private practice
March 3, 2025The following article cover sthe NP arrival of Providence Government Investigation & White-Collar Defense partner Zach Cunha. Zach is quoted in the coverage discussing his decision to join NP. Boston partner and GIWC practice leader Rob Fisher is also quoted from the firm’s press release.
- Boston Business Journal, Providence Business First
Nixon Peabody hires former US attorney for Rhode Island as partner
March 3, 2025The following article covers the NP arrival of Providence Government Investigation & White-Collar Defense partner Zach Cunha. Zach is quoted in the coverage discussing his decision to join NP. Boston partner and GIWC practice leader Rob Fisher is also quoted from the firm’s press release.
- GoLocalProv
Former US Attorney Zachary Cunha joins Nixon Peabody
March 3, 2025The following article covers the NP arrival of Providence Government Investigation & White-Collar Defense partner Zach Cunha. Zach is quoted in the coverage discussing his decision to join NP. Boston partner and GIWC practice leader Rob Fisher is also quoted from the firm’s press release.
Admitted to practice
Rhode Island
Massachusetts
New York
U.S. Court of Appeals, First Circuit
U.S. District Court, District of Rhode Island
U.S. District Court, District of Massachusetts
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
Education
George Washington University Law School, J.D., with honors
Brown University, A.B., with honors
Recognition
- Member of the prosecution team that recovered what was, at the time, the largest healthcare fraud recovery in US history, which was recognized with DOJ’s highest honor: the Attorney General’s Award for Exceptional Service, US Department of Justice, 2010
- DOJ Civil Division Special Commendation for Outstanding Service, US Department of Justice, Civil Division, 2009
Insights And Happenings
View AllProfessionals in the Practice Area
View AllRobert Fisher
Partner / Practice Group Leader, Government Investigations & White Collar Defense- Boston
- Office:+1 617.345.1335
- rfisher@nixonpeabody.com
-
Hannah Bornstein
Partner / Deputy Practice Group Leader, Government Investigations & White Collar Defense- Boston
- Office:+1 617.345.1217
- hbornstein@nixonpeabody.com
-