Thomas C. Frongillo
Thomas C. Frongillo is a trial lawyer with over 30 years of litigation experience, specializing in white collar criminal defense. He represents corporations and individuals in white collar prosecutions and corporate and regulatory investigations involving the Economic Espionage Act (EEA), cryptocurrency, health care fraud, securities fraud, commodities fraud, public corruption, the Foreign Corrupt Practices Act (FCPA), the Racketeer Influenced and Corrupt Organizations Act (RICO), and environmental crimes.
Throughout his career, both as a private practitioner and as a federal prosecutor, Thomas has been called upon to handle a multitude of complex, high-stakes cases involving a wide range of legal issues in jurisdictions across the country. In 2013, he served as Special Counsel to the Massachusetts House of Representatives Committee on Ethics in an investigation of possible misconduct by a State Representative. He has represented the Massachusetts Legislature in a federal grand jury investigation of alleged corrupt hiring practices involving the Massachusetts Office of the Commissioner of Probation. In other high-profile matters, Thomas has successfully represented the majority owners of an NBA team in a dispute concerning a trade of one of the NBA’s top players; the engineers who designed the ceiling of the Big Dig’s connector tunnel near Logan Airport in Boston that collapsed in 2006; a Fortune 50 company in an investigation by the SEC of alleged securities fraud stemming from the financial crisis of 2008; a bank in the Nation’s largest bank failure; a University in an investigation of alleged financial impropriety by its former president; and a non-profit Rhode Island hospital indicted on federal public corruption charges. In 2009, he obtained an acquittal of a senior executive of W.R. Grace in a landmark three-month criminal jury trial, United States v. W.R. Grace, in which his client was vindicated on charges of knowing endangerment under the Clean Air Act and conspiracy to defraud the United States. The Justice Department characterized the case as the most significant criminal environmental prosecution in United States history. Recently, in 2018, he obtained an acquittal of a prominent real estate developer charged with committing extortion in violation of the Hobbs Act in United States v. DeCicco. In that case, through vigorous discovery efforts, the defense uncovered evidence of undocumented meetings between federal agents and a government confidential source, as well as the government’s failure to preserve critical evidence. This resulted in the district court’s issuance of jury instructions on spoliation of evidence and the government’s failure to follow normal investigatory practices.
Thomas has been named a “Leading Lawyer” for White Collar Criminal Defense and for Trade Secrets by The Legal 500 USA, a “Best Lawyer” in White Collar Criminal Defense by The Best Lawyers in America© , and a “Leading Lawyer” by Chambers USA, which noted that he has been described by clients as “one of the smartest people I’ve ever met” and an advocate who “brings a very calming influence.” His publication titled “The Reinvigorated Confrontation Clause: A New Basis to Challenge the Admission of Evidence from Nontestify Forensic Experts in White Collar Prosecutions”, co-authored with Caroline Simons, received the IADC 2015 George W. Yancey Memorial Award. While serving as a federal prosecutor, Thomas received many awards and commendations from the United States Department of Justice, the FBI, the DEA, the ATF, the Customs Service, the IRS, and various state and local law enforcement agencies.
IN THE NEWS
Pierce Bainbridge for PR Newswire | March 12, 2019 — Pierce Bainbridge Beck Price & Hecht LLP (“Pierce Bainbridge”) has expanded again, adding as partners leading health care fraud lawyer,…
Liz Lanier for Variety | March 12, 2019 — Several artists have pulled their lawsuits against Epic Games “Fortnite” for use of their dance moves after a recent U.S. Supreme…
Law 360 | March 11, 2019 — Law, New York — A group of Belize property investors have urged a Maryland federal court to let them intervene in a Federal…
Cyber Security and Data Protection
Intellectual Property Litigation
White Collar Defense & Government Investigations
J.D., University of Virginia School of Law
B.A., College of the Holy Cross
Assistant United States Attorney
District of Massachusetts
State Bar of Massachusetts
United States District Court, Massachusetts
United States Court of Appeals, First Circuit
United States Court of Appeals, Ninth Circuit
American Bar Foundation, Fellow
Litigation Counsel of America, Fellow
National Association of Criminal Defense Lawyers, Co-Chair of the White-Collar Committee
Epiphany School of Boston, Member of the Board of Overseers
“When the Government Comes Calling on Your Civil Client,” co-authored with, Paul Mogin, Williams and Connolly LLP; Sonia Escobio O’Donnell, Sonia Escobio O’Donnell PA; M.C. Sungaila, Haynes and Boone LLP, February 2018.
The Reinvigorated Confrontation Clause: A New Basis to Challenge the Admission of Evidence from Nontestify Forensic Experts in White Collar Prosecutions, with Caroline Simons, Matthew Knowles, and Jacklyn Essinger, The Champion, April 2013.
FCPA: Minefield for Drug and Device Industries, with Caroline Simons, New England In-House, September 2012.
Environmental Prosecutions: Criminal Liability without Mens Rea and Exposure Under the Responsible Corporate Officer Doctrine, with Douglas S. Brooks, 79 Def. Counsel J. No. 1, 12. January 2012.
The Shifting Sands of Government Regulation, IADC Corporate Counsel College Journal, Volume 2, October 2011.
Be Prepared When Government Agents Show Up With a Search Warrant: A Corporate Counsel’s Guide, with Graham O’Donoghue, IADC, July 2011.
Corporate Privilege Waivers in Federal Criminal Investigations and Prosecutions, IADC’s White Collar Defense & Investigation Committee Newsletter, September 2010.