Nancy DePodesta

Nancy DePodesta is a former federal prosecutor and highly regarded white-collar defense attorney and trial lawyer.  Nancy regularly defends clients in investigations conducted by the Department of Justice and other federal law enforcement and governmental agencies.  As an experienced investigator, she has led complex investigations involving regulatory agencies such as the Internal Revenue Service, U.S. Department of Labor, and Securities and Exchange Commission and has conducted internal investigations for corporate clients and universities.

With extensive experience in a broad array of subject matters, including securities fraud, tax fraud, health care fraud, corporate fraud, bribery and corruption, antitrust, Nancy focuses her practice on white-collar criminal defense. An adept and hands-on manager, she has led teams of in-house attorneys and outside counsel in handling complex litigation and investigative matters.

Nancy previously served as an Assistant United States Attorney for the Northern District of Illinois for more than 10 years and as legal counsel for the Illinois Department of Corrections.

Bribery & Corruption

• Secured an acquittal following a federal jury trial for a client charged by the United States Attorney’s Office in the Northern District of Illinois with bribery and conspiracy to commit bribery. According to the government’s theory, the client provided employees in the Cook County Assessor’s Office with rounds of golf in exchange for a guaranteed reduced assessment on commercial property. Evidence presented at trial established that there was no promise or exchange of rounds of golf in exchange for a guaranteed reduced property assessment.
• Representing a state representative assisting in high-profile corruption investigations in the Northern District of Illinois involving state legislators, members of their respective staffs, and former and current lobbyists. Our client has not been alleged or charged with any wrongdoing.
• Obtained declination from the United States Attorney’s Office on behalf of a public official who the Federal Bureau of Investigation investigated for allegedly accepting bribes–items of value in exchange for engaging in official acts. An investigation conducted on behalf of the client showed flaws in the government’s investigation and theory of the case. After several meetings with the U.S. Attorney’s Office to address flaws in the government’s investigation, our client successfully avoided bribery charges.
• Represented a high-ranking individual who worked for the former Mayor of the City of Chicago in an investigation involving a $20 million no-bid contract unlawfully awarded by the former CEO of Chicago Public Schools to an education consultant. Navigated the client, who did not engage in wrongdoing, through the investigative process and interviews with the government.
• Managed corruption investigation and prosecution of a Chicago Park District official and contractors involved in mail fraud, wire fraud, and bribery in relation to contracts for landscaping at Chicago-area parks, including Millennium Park.
• Conducted fraud investigation and prosecution involving a Minority Business Enterprise obtaining contracts with the Chicago Public Schools.

Other Fraud

• Securities Fraud: Represented former mid-level manager at a public corporation under investigation for improper accounting practices. Represented client in parallel investigations conducted by both the Securities & Exchange Commission and the United States Attorney’s Office. While the company and two former executives were charged based on the long-running expense management scheme that resulted in the restatement of several years of financial reporting, our client was not charged.
• Bank Fraud:  Represented individual who was the target of an investigation by the United States Attorney’s Office for the Northern District of Illinois, the Federal Bureau of Investigation, and the Federal Deposit Insurance Corporation, Office of Inspector General, for alleged bank fraud. The government alleged our client directed the Chief Financial Officer and the Controller of his company to falsely inflate accounts receivables on financial statements presented to the bank on an initial loan application and subsequent borrowing base certificates. When the government communicated its intent to seek an indictment against the client, we presented a declination pitch to the government, setting forth multiple bases for why charges should not be brought, including weaknesses in the government’s investigation and theory as well as issues related to the credibility of government witnesses. The client was not charged.
• Tax Fraud: Represented client, both in his individual capacity and on behalf of his company, who admittedly failed to file income and payroll tax returns in multiple years and failed to pay federal tax due and owing. After the client elected to plead guilty, he obtained a sentence significantly below the advisory guideline range. Successfully persuaded the court that a sentence below the recommended range was warranted based on mitigating evidence presented, including the client’s efforts to minimize damages and repay any tax loss incurred, his contributions to employees, friends, and family, as well as declining health conditions.
• Wire Fraud / Mail Fraud: Represented client in DOJ Investigation conducted by the United States Attorney’s Office for the Southern District of New York and Federal Bureau of Investigation. Our client, a renowned professor and researcher, received significant grant funding from the National Institute of Health (NIH). Our client collaborated with another leader in his field to jointly obtain grant funding and sponsor an annual conference attended by other researchers. Unbeknownst to our client, the colleague with whom he collaborated allegedly misappropriated NIH funds, which were spent on resort vacations, excursions, and lavish meals. Successfully navigated our client through the government investigation and demonstrated that the client had no knowledge of his colleague’s misappropriation of grant funds for personal use and was fully transparent in his dealings.
• Antitrust: Represented the project manager of a flooring company that submitted bids on multiple projects for the same customer in order to obtain work. The DOJ Antitrust Division conducted an investigation that resulted in multiple individuals and companies being charged with engaging in a conspiracy with high-level personnel of related companies to suppress and eliminate competition by agreeing to rig bids for the installation of commercial flooring, in violation of the Sherman Act. Presented findings to the government regarding our client’s minimal role in the scheme, which was already established when the client became the Project Manager for this particular customer. Following ongoing negotiations and presentations to the government, DOJ granted our client immunity from prosecution.

False Claims Act

• Represented a life sciences consulting company in a Department of Justice investigation concerning allegations of knowing underpayments of Medicaid rebates owed to states for a particular drug, marketed by a manufacturer, in violation of the False Claims Act. The legal team successfully demonstrated to the government that the client did not collude with the drug manufacturer but instead followed appropriate regulations and guidance from the Centers for Medicare & Medicaid Services, utilizing the data and instructions of its client while warning the drug manufacturer of the potential penalties from underpayment.
• Represented a University in a False Claims Act investigation alleging that the University provided false certifications in relation to grant applications submitted to the National Aeronautics and Space Administration and National Science Foundation, respectively. The purportedly false certifications involved representations that individuals associated with the grant would not collaborate or engage with certain foreign-owned companies in accordance with funding restrictions. The United States Attorney’s Office and the Offices of the Inspector General for both agencies closed the matter without filing a claim against our client.
• Representing a medical provider in a False Claims Act investigation by the Department of Justice and Drug Enforcement Administration for purportedly prescribing opioids to patients for pain management that are not deemed “medically necessary” while billing Medicare for services.

Health Care

• Represented a long-term care pharmacy following the execution of an administrative search warrant by the DEA. Successfully challenged purported violations of Title 21 governing controlled substances. Alleged violations related to inventory, record-keeping, destruction of controlled substances, registration as an authorized collector, and related issues.
• Represented a health care professional in an investigation of hospital officials under federal investigation related to their misappropriation of limited publicly funded COVID-19 vaccines to ineligible individuals at the time they were administered in violation of the requirements set forth for administering the vaccine.
• Represented a biller in health care fraud investigation stemming from the detection of a significant increase in billing for OTC COVID-19 tests followed by complaints from Medicare beneficiaries who did not receive the OTC COVID-19 test kits. The investigation involved multiple laboratories that billed for COVID test kits that were never provided. The focus of the government’s health care fraud investigation questioned whether the client knowingly caused to be submitted false claims for reimbursement of over-the-counter COVID-19 test kits.
• Representing a physician before the Illinois Department of Professional Regulation, Illinois Department of Healthcare and Family Services, and United States Drug Enforcement Agency relating to alleged violations of the Illinois Medical Practice Act stemming from the prescription of opioids and other controlled substances.
• Represented a nursing director and marketing consultant employed by different home health care agencies in investigations and prosecution of health care fraud, alleging kickbacks and bribes were paid in exchange for referrals.

SEC and Tax Issues

• Defended a businesswoman on charges involving a $1.2 million tax fraud in a prosecution by the United States Attorney’s Office. Obtained sentence of probation following a contested sentencing hearing.
• Represented multiple individuals, including an attorney, investor, and a corporate executive in investigations conducted by the Securities & Exchange Commission. The investigations focus on fraudulent misrepresentations to investors, including foreign investors participating in the EB-5 Program.

Internal and Independent Investigations

• Conducted an investigation for a metals recycling company based on allegations that a co-owner, who served as a director and President of the company, was engaged in an embezzlement scheme. The investigation and financial review resulted in findings that, over an approximately 5-year period of time, the co-owner embezzled approximately $10 million from the company. The primary scheme involved paying millions of dollars of company funds to certain entities—friendly to the director and with whom he conspired—for purported metals shipments our client never received. Once payment was issued from the company, the director manufactured false documentation to make the purchases appear legitimate and manipulated accounting records to hide the losses.
• Represented a distinguished public health expert, business executive, community leader, and nationally recognized emergency preparedness and response expert. Our client formerly served as the Executive Director of a governmental entity for the State of Illinois. Allegations were made via social media that our client improperly “awarded” a multi-million dollar contract to a company whose principal was the husband of a colleague of hers who was a public official and political candidate. These allegations were unfounded following an inquiry into what occurred. In addition to the inquiry conducted, our team successfully represented the client who recovered damages following a civil complaint brought based on false and defamatory statements.
• Led an internal investigation into whether an executive misappropriated corporate funds for personal expenditures and otherwise breached fiduciary duties to company.
• Investigated and prosecuted an individual in the financial services industry who solicited and obtained payments exceeding $1.1 million from four investors by falsely representing that their funds would be invested in particular companies and instead misappropriated the funds for personal expenditures.
• Supervised international fraud investigation and prosecution of the production, distribution, and sale of counterfeit art of renowned artists.
• Led investigation and prosecution of fraudulent and deceptive auction practices engaged in by a premier auction house specializing in sports and historical memorabilia.

• Quoted, “Jury acquits contractor in trial involving alleged bribery of Cook County assessor employees,” Chicago Tribune, Aug. 6, 2024.
• Quoted, “Indiana businessman not guilty of bribing Cook County assessor officials with free golf, fed jury finds,” Chicago Sun-Times, Aug. 6, 2024.
• Quoted, “Madigan, ComEd bribery cases could be upended by U.S. Supreme Court ruling, defense attorneys say,” WBEZ Chicago, June 26, 2024.
• Interview, “Hundreds write letters to judge in support of former Alderman Ed Burke ahead of sentencing,” ABC7 Chicago, June 12, 2024.
• Quoted, “3^rd day of jury deliberations ends with no verdict in trial of former Chicago Alderman Ed Burke,” ABC7 Chicago, Dec. 20, 2023.
• Quoted, “Sam Bankman-Fried, Trump may use same rare legal defense,” New York Post, Aug. 25, 2023.
• Quoted, “Trump Indictment Prompts Lawyers to Examine Breadth of ‘Corruptly’ Obstructing,” Law.com, Aug. 8, 2023.
• Quoted, “4 takeaways from Donald Trump’s indictment: charges, lawyers, alleged conspirator and judge,” USA Today, June 10, 2023.