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State FCA Considerations for Companies Seeking COVID-19 Relief

Speaker(s): Harry Sandick, Peter C. Harvey
Recorded on: Mar. 1, 2021
PLI Program #: 320300

Harry Sandick is a member of the firm's White Collar Defense and Investigations Team, the Mortgage and Credit Crisis Litigation Team, and Complex Commercial Actions Team. A former Assistant U.S. Attorney for the Southern District of New York, Mr. Sandick focuses his practice on white collar criminal defense, securities fraud, internal investigations and complex civil litigation.

Mr. Sandick represents organizations and individuals in internal investigations and prosecutions brought by the U.S. Attorney's Office for the Southern District of New York, the U.S. Department of Justice and the U.S. Securities and Exchange Commission. He has significant experience in matters related to the Foreign Corrupt Practices Act (FCPA) and the regulations promulgated by the Office of Foreign Asset Controls (OFAC). His recent work also includes the representation of a taxpayer who was prosecuted in federal and state court for having an undisclosed offshore bank account, the representation of claimants in a multi-million dollar civil forfeiture action, and the representation of a major investor in Bernard L. Madoff Investment Securities LLC in the recent investigation conducted by prosecutors and regulators.

Mr. Sandick also represents clients, both as plaintiffs and defendants, in complex securities and business fraud litigation, including matters involving residential mortgage-backed securities transactions.

For almost six years, Mr. Sandick served as an Assistant U.S. Attorney in the Criminal Division of the U.S. Attorney's Office for the Southern District of New York, where he prosecuted financial fraud cases and other crimes, acting as lead counsel in 12 trials. He served as Deputy Chief for Criminal Appeals, supervising more than 80 appeals before the United States Court of Appeals for the Second Circuit, and as Acting Chief of the Violent Crimes Unit. Mr. Sandick oversaw matters involving securities fraud, business crimes, obstruction of justice, RICO, drug trafficking and terrorism issues. He successfully argued 19 appeals before the Second Circuit.

A frequent speaker and writer on white collar and financial fraud topics, Mr. Sandick has contributed articles to, New York Law Journal and industry publications. He is also co-author of a chapter on pretrial representation in a leading treatise, "Defending Federal Criminal Cases."

Following law school graduation, Mr. Sandick clerked for the Hon. Richard J. Cardamone of the U.S. Court of Appeals for the Second Circuit.

J.D., 1995, Harvard Law School, cum laude, Editor-in-Chief, Harvard Human Rights Journal, Research Director, Harvard Legal Aid Bureau
B.A., 1992, University of Pennsylvania, magna cum laude, Phi Beta Kappa, Benjamin Franklin Scholar, University Scholar

New York

U.S. District Court, Southern and Eastern Districts of New York, U.S. Court of Appeals, Second Circuit; Fourth Circuit

New York City Bar Association (Secretary, Committee on Pro Bono and Legal Services, 1997-2000), Professional Responsibility Committee (2008-present); New York State Bar Association (Section on Federal and Commercial Litigation, 2006-present), (Committee on White Collar Criminal Litigation, 2006-present), (Chair, Subcommittee on Sentencing, 2008-present); New York American Inn of Court (2004-present) (White Collar Crime Team Co-Leader 2007-present)

Peter Harvey is a past Attorney General of New Jersey and a former federal prosecutor. As such, Peter has been a central player in civil and criminal trials, government investigations and consumer fraud matters for many years. A gifted trial lawyer, his nearly 30 years of courtroom experience includes significant commercial matters, frequently within the hospitality, pharmaceutical and entertainment/sports industries.

Recently, Mr. Harvey was nominated to serve as independent monitor for the Newark Police Department, responsible for overseeing the NPD's compliance with a Consent Decree issued by the U.S. Department of Justice. He also currently represents corporations and individuals in business disputes throughout the nation. He has tried several major civil and criminal jury and non-jury cases in federal and state courts. He also conducts internal investigations for senior executives seeking to learn facts about employee misconduct or inappropriate business practices. Mr. Harvey also assists clients in navigating Grand Jury Subpoenas and government Civil Investigative Demands. He works with clients to develop strategies to achieve the client’s desired result, whether through trial, court decision or settlement.

Some of the recent civil and criminal matters handled by Mr. Harvey include:

  • representing the board of directors of a leading hospitality company in a shareholders’ derivative action in federal court over a series of security breaches;
  • protecting a major energy company from “whistleblower” claims made under a false claims act;
  • representing major pharmaceutical companies in Attorneys General investigations and suits brought under state consumer fraud statutes;
  • extracting a target from a federal criminal tax fraud investigation;
  • defending a commercial bank in contract litigation;
  • shielding an Internet ticket company from an Attorney General’s consumer fraud suit;
  • enforcing the rights of a management company in a contract dispute with a major recording artist;
  • defending a corporation and individual against criminal Medicaid fraud charges;
  • protecting the intellectual property rights of a major film director;
  • assisting a major professional sports league and teams with employee conduct policies and related issues; and
  • defending a major art dealer against breach of contract claims.


  • Columbia Law School (J.D., 1982)
    • Human Rights Law Review
  • Morgan State University (B.A., with honors, 1979)
    • Pi Sigma Alpha


  • New York
  • New Jersey
  • District of Columbia

Professional Activities

MEMBERSHIPS: Member, National Association of Attorneys General (NAAG), Representative to the Executive Working Group on Prosecutorial Relations; Chairman, NAAG Subcommittee on Gang Violence; Chairman, NAAG Corporate Responsibility Securities Working Group; Member, NAAG Task Force on Youth Access to Alcohol; National Bar Association; American Bar Association.

HONORS: “Most Influential Black Lawyers,” Savoy Magazine (2015); “Private Practitioner of the Year” by the Metropolitan Black Bar Association of New York City (2012); “100 Most Influential Black Americans,” Ebony Magazine (2005); “Top Black Lawyers in America,” Black Enterprise Magazine (2004); New Jersey Law Journal’s “Lawyer of the Year” (2003); Recognized in Super Lawyers in the area of Business Litigation.

SPEAKING ENGAGEMENTS: Presenter, “The ABC’s of AML: An Introduction to the Law of Anti-Money Laundering,” Association of Corporate Counsel Webcast (February 14, 2014)

Civil Rights & Policy

Mr. Harvey works with clients and nonprofit and municipal organizations on various civil rights and public interest legal and policy issues. For example, Mr. Harvey:

  • Has been appointed to serve as independent monitor for the Newark Police Department, responsible for overseeing the NPD's compliance with a Consent Decree issued by the U.S. Department of Justice.
  • Counsels professional sports organizations and leagues regarding sensitive legal and policy issues, including the development and implementation of domestic violence and other player conduct policies.
  • Advises police organizations, law enforcement executives and city officials on issues relating to police conduct.
  • Represents national civil rights organization in litigation pending in federal and state courts throughout the country.
  • Serves on the Board of Directors of Futures Without Violence, focusing on domestic violence, sexual assault and childhood trauma policy issues.

As the Attorney General for the State of New Jersey, Mr. Harvey’s initiatives included:

  • Refined and strengthened a ground-breaking Sexual Assault Response Team/Sexual Assault Nurse Examiners (SART/SANE) program to assist sexual assault victims in coming forward without fear of being victimized again by the justice system that is meant to help them.
  • Met face-to-face with thousands of middle-school students in high-risk communities throughout the State to have frank discussions about the real life consequences of gang activity and violence, as opposed to the images conveyed through media.
  • Issued a directive mandating that all police departments in the State use “stationhouse adjustment” techniques, an alternative approach to resolving matters involving juveniles who are caught engaging in minor delinquent activity.

Government Service

As Attorney General of New Jersey, Mr. Harvey’s work included:

  • directly managed and enforced compliance by the New Jersey State Police with U.S. Department of Justice Consent Decree;
  • negotiated the two largest securities settlement payments in New Jersey history concerning insider trading and market timing cases;
  • acted as one of the lead Attorneys General in several multistate securities fraud settlements; and
  • restructured the Office of Insurance Fraud Prosecutor, resulting in the Coalition Against Insurance Fraud’s naming it the No. 1 insurance fraud prosecution office in the nation.

Mr. Harvey managed an Attorney General’s Office of 9,600 employees in 10 separate divisions and a budget of approximately $1 billion. He had principal responsibility for coordinating New Jersey’s homeland security strategy for both law enforcement and the private sector as Chairman of the cabinet-level New Jersey Domestic Security Preparedness Task Force. He was one of six Attorneys General that met regularly with the U.S. Attorney General and senior U.S. Department of Justice officials to discuss various national law enforcement policy issues. Mr. Harvey continues to be connected to issues upon which state Attorneys General are focused through his participation in the National Association of Attorneys General and his close association with present and former Attorneys General.

Mr. Harvey served as an Assistant U.S. Attorney for the District of New Jersey where he tried cases involving financial fraud, organized crime and bank robbery. Upon graduation from Law School, he served as law clerk to the Hon. Dickinson R. Debevoise, United States District Judge for the District of New Jersey.