Damien M. Diggs
Partner
As the former U.S. Attorney for the Eastern District of Texas, Damien earned an exemplary record of success in the prosecution and litigation of federal criminal offenses and civil and appellate matters. His private practice focuses on white collar criminal defense, internal and government investigations, and complex civil litigation and trials. He draws on his extensive government service and leadership experience to benefit clients as they navigate high-stakes government investigations, sensitive internal investigations, and other white-collar matters and potentially reputation damaging litigation.
Key Matters
Civil
- Led investigation into Walgreens whereby company agreed to pay US$106.8M to resolve several qui tam cases relating to the company’s failure to refund the government for prescriptions it processed that were never picked up by beneficiaries.
- Led investigation into Kabbage’s actions of knowingly failing to implement fraud controls to comply with its obligations under the Paycheck Protection Program, Bank Secrecy Act, and Anti-Money Laundering Act, causing the Small Business Association to fund many improper and fraudulent loans, through which the federal government will receive up to US$120M in resolution of these claims.
- Investigated Medisca—a pharmaceutical ingredients company—in connection with allegations that it established false and fraudulent average wholesale prices for ingredients in compounding drugs, which allowed pharmacies which purchased ingredients from Medisca to inflate bills to government workers’ comp programs, resulting in Medisca paying US$21M to resolve the claims.
- Participated in an investigation—along with other Texas USA Offices (USAOs) and the Department of Justice’s (DOJ’s) Civil Rights Division—of the Texas Juvenile Justice Department (TJJD) into allegations that it routinely violated the constitutional rights of children being held in its facilities.
Criminal
- Prosecuted several healthcare executives who were convicted of conspiring to violate the Anti- Kickback Statute.
- Prosecuted defendant who used sham contracts and fraudulent real estate paperwork as part of an investment fraud scheme involving purported land development projects, causing victims to lose more than US$2.5M; defendant convicted of wire fraud and sentenced to 20 years in federal prison.
- Prosecuted two Dallas businessmen, who obtained multiple business loans by misrepresenting that loans would be secured by a brokerage account worth US$2M; defendants were convicted at trial and sentenced to six years in federal prison.
- Prosecuted a former senior official in the Guatemalan government, who was convicted of conspiring with drug trafficking organizations to allow for the safe passage of more than 450 kilograms of cocaine into the U.S. through Guatemala.
- Prosecuted a network of third-party airplane brokers and title companies for conspiring with drug trafficking organizations in Central and South America to facilitate trade-based money laundering and the trafficking of narcotics through the purchase and sale of aircraft.
Appellate
- Obtained affirmance of appellants’—an elected official in Richardson, Texas, and a real estate developer—convictions.