Suzanne Jaffe Bloom
Partner
Co-Chair, Government Investigations, Enforcement, and Compliance
Suzanne is a former federal prosecutor (SDNY and EDNY) who is consistently recognized as one of New York’s top lawyers in white collar criminal defense and government investigations and described by Chambers USA as “exceptionally smart and tenacious” and “an outstanding strategist and a great trial lawyer.” Suzanne is a dedicated advocate for her clients, who benefit from her wealth of government experience. Suzanne’s keen insights, strategic acumen, and ability to mount vigorous defenses allow her to achieve her clients’ goals in a highly effective manner, at times preventing government charges or claims from being filed in the first instance.
Key Matters
False Claims Act – Government Contracting, SBA, CARES Act (PPP, EIDL, etc.) – Representative Matters
- Secured declinations on the merits from federal and state authorities on behalf of a Fortune 100 company in connection with False Claims Act (FCA) investigations of government contracts for technology and security equipment conducted simultaneously by the U.S. Department of Justice (DOJ), the U.S. Attorney’s Office for the Western District of New York, and the Office of the Attorney General for approximately 15 states and the District of Columbia. Negotiated a favorable resolution of related qui tam action, including dismissal of all claims.
- Successfully represented corporate borrowers in connection with federal government investigations of alleged fraud related to certain pandemic relief programs (CARES Act), including the Paycheck Protection Program and the Economic Injury Disaster Loan programs, securing decision by the relevant government authority to decline to bring claims against the client
- Secured voluntary dismissal with prejudice of New York state and city false claims act claims filed against an international client in the manufacturing industry based on alleged fraud in connection with product sales to state purchasers
- Conducted a compliance review of government contracts and related compliance counseling for a Fortune 500 government contractor on issues related to the FCA, the Program Fraud Civil Remedies Act, the Federal Acquisition Regulations, the System for Award Management, the Central Contract Registration System, and the Small Business Act
- Representing various lenders in connection with multiple federal government investigations of alleged fraud involving certain pandemic relief (CARES Act) programs, including the Paycheck Protection Program and the Economic Injury Disaster Loan programs
False Claims Act – Health Care – Representative Matters
- Obtained a significant victory for a multinational insurance company and certain affiliates in a False Claims Act action based on alleged violations of the Medicare Secondary Payer Act, obtaining a pre-trial dismissal of the action with prejudice. Thereafter, successfully represented clients in connection with the appeal of the decision to the Second Circuit Court of Appeals, securing an affirmance of the lower court’s dismissal with prejudice.
- Successfully defended a Fortune 500 company in connection with criminal and civil investigations by several U.S. Attorney’s Offices and State Attorney General’s Offices involving alleged violations of the Anti-Kickback Statute and the FCA and several related qui tam actions, preventing criminal charges against the client and securing favorable resolutions of the various qui tam actions
- Secured a declination of intervention from the U.S. Attorney’s Office for the Southern District of New York (S.D.N.Y.) on behalf of a public company with global operations in connection with an investigation of alleged violations of the FCA, and a favorable resolution of the related qui tam action
- Secured a voluntary dismissal of qui tam claims brought against a Fortune 500 company under federal and state false claims acts based on alleged fraud with respect to the purchase and sale of certain drugs. Secured dismissal of all claims against the client without any required settlement payments by client.
- Secured declinations on the merits from DOJ and two regional U.S. Attorney’s Offices on behalf of a nationwide rehabilitation therapy services provider in connection with a federal investigation and three related qui tam complaints asserting wide-ranging claims of FCA violations. Secured a favorable resolution with the relators that included dismissal of all claims.
Fraud, Theft, Embezzlement – Representative Matters
- Representation of certain Fortune 500 public companies in connection with multiple State Attorney General investigations involving allegations of fraud and deceptive trade and labor practices
- Conducted an internal investigation of alleged fraud and theft on behalf of an international organization and provided guidance related to proactive defense of allegations and related compliance measures
- Prevented criminal charges against a private company in connection with a confidential federal criminal investigation involving allegations of fraud, theft, and embezzlement
- Obtained pre-trial dismissal of claims against individuals in connection with litigation involving claims of financial fraud and theft
- Representation of an educational services provider organization in connection with a government and internal investigation of alleged misuse of government funds provided under a federal program to provide financial assistance for certain student populations, and alleged falsification of related documentation and government submissions
Securities – Representative Matters
- Represented individuals in connection with criminal investigations of allegations of insider trading and obstruction of justice, successfully avoiding charges against certain clients
- Represented the board of directors of a public software company in connection with an internal investigation of the conduct and stock trading activities of the company’s CEO
- Represented the Audit Committee of a Fortune 500 company with international operations in connection with an internal investigation of allegations of accounting and securities fraud
FCPA – Representative Matters
- Represented the Audit Committee of a Fortune 500 company in connection with the oversight of more than 40 internal investigations conducted worldwide, involving allegations of violations of the FCPA, money laundering, and accounting irregularities; the issuance of related financial restatements; and related U.S. Securities and Exchange Commission (SEC) inquiries
- Represented an executive of a Fortune 100 company with worldwide operations in connection with a confidential DOJ investigation of alleged violations of the FCPA. No charges were filed.
- Represented an executive in the financial services industry in connection with an FCPA and related SEC investigation
- Represented a global investment bank in a multibillion dollar cross-border federal investigation related to alleged violations of the Foreign Corrupt Practices Act and related securities fraud arising from bond offerings in Southeast Asia
Medicare Secondary Payer Act – Representative Matters
- Successfully represented an affiliate of a multinational insurance company in two class actions in Southern District of Florida asserting claims for alleged violations of the Medicare Secondary Payer Act and subrogation based on purported assignments from Medicare Advantage Organizations and other related entities. Secured voluntary dismissal of both actions against the client following arguments for dismissal.
- Secured pre-trial dismissal of all claims filed against various affiliates of a multinational insurance company in a class action in the Southern District of New York asserting claims for alleged violations of the Medicare Secondary Payer Act and subrogation based on purported assignments from Medicare Advantage Organizations.
- Obtained a significant victory for a multinational insurance company and certain affiliates in a False Claims Act action based on alleged violations of the Medicare Secondary Payer Act, obtaining a pre-trial dismissal of the action with prejudice. Thereafter, successfully represented clients in connection with the appeal of the decision to the Second Circuit Court of Appeals, securing an affirmance of the lower court’s dismissal with prejudice.
- Secured pretrial dismissal of federal and state False Claims Act claims filed against a prominent national insurance company client and certain affiliates in the Eastern District of Michigan premised on alleged violations of the Medicare Secondary Payer Act.
Official Corruption – Representative Matters
- Represented venture capital funds and executives in connection with a nationwide investigation by the SEC and State Attorney General’s Offices of allegations of official corruption related to public pension funds, successfully avoiding charges against clients
- Represented a managing director of a financial institution in connection with an internal investigation of allegations regarding official corruption, securing a favorable resolution
Additional Areas – Representative Matters
- Sex Assault/Trafficking – Representation of organizational and individual clients in connection with federal government investigations of sex trafficking allegations
- Drug Diversion – Representation of substance abuse treatment centers and a global animal health company in federal criminal investigations and a related internal investigation of alleged drug diversion
- Tax – Represented an international financial institution in connection with a federal grand jury investigation and related litigations involving allegations of violations of civil and criminal tax laws, securing favorable resolutions
- Organizational Governance; Compliance Counseling – Represented the executive committee of a large professional services firm in connection with its internal investigation of allegations of wrongdoing and the development and implementation of a remediation and compliance program
- Corporate Governance; Investor Litigation – Represented an investor in a biotechnology company in connection with civil litigation involving organizational governance issues, securing favorable resolution
- Compliance Counseling – Counseled the Audit Committee of a Fortune 500 company in connection with the development and implementation of worldwide compliance and remediation plans concerning, among other things, compliance with the FCPA, related anti-bribery laws, and anti-money laundering laws, following worldwide internal investigations
- Insurance; Compliance Monitoring – Represented a state regulator in connection with the examination and compliance monitoring of several insurance brokerage companies in the wake of a multistate investigation of alleged wrongdoing and the resulting settlement agreements
U.S. Attorney’s Office for the S.D.N.Y. – Representative Matters
- Led joint criminal and civil investigations involving alleged government program fraud and violations of the federal False Claims Act and related statutes
- Led investigation and successful prosecution of 15 present and former police officers and detectives with the New York City Police Department on various federal tax charges, including tax evasion and conspiracy to defraud the United States
- Responsible for the successful prosecution of corrupt construction contractors and attorneys on charges of bribery relating to construction contracts with the New York City Board of Education and the School Construction Authority
- Led an investigation of corruption within the International Ladies Garment Workers Union and the Ladies Apparel Contractors Association, resulting in the conviction of several labor union officials and garment contractors on labor racketeering charges, including conspiracy and bribery
- Responsible for the successful prosecution of a DEA Special Agent and other DEA employees on charges relating to public corruption and narcotics conspiracies
- Led an investigation of corruption at the New York Office of the U.S. Immigration & Naturalization Services (INS), resulting in arrests and convictions of INS employees and brokers on various charges, including conspiracy, bribery, trafficking in fraudulently obtained INS documents, and establishing a commercial enterprise to evade the immigration laws
U.S. Attorney’s Office for the E.D.N.Y. – Representative Matters
- Led joint criminal and civil investigations involving alleged government program fraud and violations of the federal False Claims Act and related statutes
- Led an investigation of corruption at the Village of Hempstead Housing Authority (HHA) resulting in the conviction of a former HHA supervisor, the former Director of Public Relations at the Economic Opportunity Commission of Nassau County, and a local contractor on extortion, bribery, and tax charges
- Led an investigation and the prosecution of 53 individuals charged in connection with fraudulent securities offerings attempting to raise more than US$48M nationwide, resulting in convictions on various counts of securities fraud and related charges
- Led several individual and corporate investigations and successful prosecutions involving conspiracies to defraud the United States, and violations of the federal tax laws
- Led an investigation and the successful prosecution of individuals involved in money laundering and fraud on behalf of owners and investors of medical imaging companies
- Led a joint federal and state investigation of a nationwide fraud perpetrated by the principals of several loan brokerages and funding companies operating out of New York, resulting in convictions of principals on several counts of conspiracy and mail fraud