Michael G. Considine
– Partner
Professional Experience
Mike Considine, chair of the firm's White Collar Defense and Internal Investigations practice group, represents corporations and individuals in complex federal and state criminal investigations, prosecutions, and regulatory probes, and in civil matters related to such inquiries. Over the past decade, Mike's representation of corporate clients has involved numerous sensitive engagements in a wide range of matters.
Mike has counseled several clients during the execution of federal search warrants and their aftermath, overseen and conducted internal investigations for corporations, assisted clients through grand jury and other investigations, and negotiated favorable resolutions on behalf of numerous clients. These matters have involved allegations of wrongdoing in numerous cases, including antitrust, healthcare, foreign corrupt practices, environmental, financial, securities and tax fraud. Mike often works with other law firms as special counsel in sensitive assignments in different jurisdictions. Among the more significant corporate matters, Mike has represented the following:
- A Fortune 100 pharmaceutical company investigated for healthcare fraud violations
- A Fortune 25 company investigated for violations of state environmental laws
- A data acquisition corporation charged with pension fund fraud by the Department of Justice (DOJ)
- A medical school investigated for fraudulent billing practices by the U.S. Attorney's office
- A regional utility company charged with violating the Clean Water Act
In addition, in December 2003, during the Enron probe, the DOJ selected Mike to be a federal monitor of an international bank for a three-year period. In this capacity, Mike monitored the implementation of agreements reached among the bank, the DOJ, and other domestic and foreign government regulatory entities. In 2010, Mike began working on a federal monitorship of a healthcare entity.
Mike has also handled the defense of senior executives, corporate officers, and others in various probes and lawsuits, including the following:
- The general counsel of an international food conglomerate in a joint SEC/DOJ investigation
- The president of an international apparel company in an SEC probe based in Chicago
- The president of a paper company, executives of an airline, and a sales person of a rubber company and another of an LCD manufacturer investigated by the DOJ Antitrust Division in D.C., Atlanta, Cleveland, and San Francisco
- The president of a bank charged with embezzling funds in the District of Connecticut
- The president of a labor union charged with racketeering in the Eastern District of New York
- The vice president of an international vitamin producer investigated for federal antitrust violations by DOJ
- Employees of a N.Y.C.-based financial services company in an obstruction of justice inquiry conducted by DOJ
- A sales representative of a pharmaceutical company investigated in an anti-kickback investigation conducted by the U.S. Attorney's Office in Boston
- A regional vice president of a water treatment company investigated during a political corruption prosecution conducted by the FBI and DOJ
- An FBI agent in a Bivens action
Prosecution ExperiencePreviously, Mike had been a supervisory federal prosecutor, serving as the deputy chief of the Long Island offices of the United States Attorney's Office for the Eastern District of New York. As a prosecutor, Mike handled the trials and appeals in cases involving bank fraud, tax fraud, racketeering, and other offenses. Some of these cases were reported in Second Circuit opinions, including:
United States v. Scaretta, et al., No. 96-1151 (affirming convictions in six-week financial fraud trial relating to Revere Armored Car Company);
United States v. Brady, 26 F.3d 282 (affirming convictions in six-week racketeering trial involving the Colombo organized crime family);
United States v. DeVillio, 983 F.2d 1185 (affirming racketeering convictions after two-month trial); and
United States v. Ruggiero, 934 F.2d 440 (affirming convictions for obstruction of justice in Gambino crime family prosecution).
- Deputy Chief, U.S. Attorney's Office, Eastern District of New York (Long Island Division: 1993-1995)
- Assistant U.S. Attorney (Eastern District of New York: 1988-1993)
Mike served as law clerk to United States District Judge Shirley W. Kram (Southern District of New York, 1985-1986).
News, Publications & Presentations |
- Adjunct Professor of Law, New York Law School LLM Program in Financial Services Law, Spring 2011
- Featured, "Seventy-six Day Pitney Lawyers Named to Best Lawyers for 2011," Day Pitney Press Release, August 9, 2010
- "DOJ Announces Thirty-Five New Prosecutors and FBI Agents Dedicated to Intellectual Property Enforcement," Day Pitney Alert, April 30, 2010
- Co-author, "The DOJ Truth-Seeking Mission," Law360, March 26, 2010
- Co-author, "Department of Justice Launches IP Task Force," Day Pitney Alert, February 24, 2010
- Featured, "Fifty-Six Day Pitney Partners Recognized as New England Super Lawyers," Day Pitney Press Release, October 30, 2009
- Featured, "Seventy Seven Day Pitney Partners Named to Best Lawyers 2010," Day Pitney Press Release, July 30, 2009
- Moderator, "C-Suite Executives - Heightened Scrutiny in Government Investigations," The Directors Roundtable Institute, April 29-30, 2009
- Co-author, "Communicating with Regulators in Turbulent Times," The Journal of Corporate Renewal, January 2009
- Moderator, "In House Counsel Under Fire: Navigating the Shoals of Government Investigations," Hartford, CT, December 4, 2008
- Interviewed, "Taking A Governmental Investigation Seriously Is The First, And Most Important, Step," The Metropolitan Corporate Counsel, November 2008
- Noted, "Analytical, Thorough, Diligent," Connecticut Law Tribune, October 6, 2008
- Featured, "Michael G. Considine Nominated to be Connecticut's Next U.S. Attorney," Day Pitney Press Release, July 16, 2008
- Panelist, "Conducting, Managing and Responding to Corporate Investigations," ACI National Forum, Washington, DC, May 19, 2008
- Co-author, "Congressional Investigations: An Emerging Battlefield for Corporations," The Metropolitan Corporate Counsel, August 2007
- Speaker, "Bank Audit Committee Conference," Bank Director Magazine, Intercontinental Chicago, Chicago, IL, June 15, 2007
- Co-author, "The Tricky Landscape of Reporting Internal Investigation Rules," American Bar Association Section of Litigation, Summer 2007
- Panelist, "Protecting the Company While Exposing Wrongdoing," 5th Annual Corporate Counsel Forum, Intercontinental The Barclay Hotel, New York, NY, April 25, 2007
- Co-author, "What Should the Board Do When The Prosecutor Calls?" The Corporate Board, July/August 2006
- Co-author, "'Misprision of a Felony': A Bargaining Tool for Defense Counsel," Business Crimes Bulletin, July 2006
- Speaker, "Developing And Maintaining A Sophisticated Compliance Program In An Era Of Intense Governmental Scrutiny," Purchase, NY, October 9, 2002
- "Proffer Sessions Revisited: The Pitfalls Grow," Business Crimes Bulletin, April 10, 2002
- Moderator, "Compliance Programs and Responding to Government Investigations," CT Regional Bar Association, June 2001
- "Corporate Debarment Need Not Mean Corporate Death," ABA Section of Natural Resources, Fall 2000
- Panelist, "E-Crime: Prevention, Detection and Response," ABA Annual Meeting, 2000
- Georgetown University Law Center, J.D., 1984
- Boston College, B.A., magna cum laude, 1980
- State of New York
- State of Connecticut
- State of New Jersey
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
- U.S. District Court, District of Connecticut
- U.S. Court of Appeals for the Second Circuit