Profile
Adam S. Hoffinger, Co-Chair of the White Collar Defense & Investigations Practice, focuses his practice on white collar criminal and complex civil matters, including health care, securities, the Foreign Corrupt Practices Act (FCPA), False Claims Act (“qui tam”), export sanctions, criminal tax, money laundering, antitrust, and bankruptcy. He counsels corporations and individuals in compliance matters, government investigations, and congressional and regulatory matters.
Adam also represents corporations and individuals in high-stakes civil litigation. He conducts internal investigations on behalf of corporate boards of directors, bankruptcy trustees, and public authorities. Adam has defended numerous high-ranking executives and general counsel from some of the world’s largest companies, as well as high-profile staff and members of the Senate, Congress, White House, and various government agencies, faced with federal and state criminal investigations and indictments. He has also represented sports figures in high profile public investigations.
Adam is a fellow of the American College of Trial Lawyers (top 1% of total lawyer population) and has tried cases throughout the country. Adam has been recognized in Chambers USA as “an absolutely fearless criminal defense lawyer” as well as for his “immense talent as a trial lawyer” and “strong advocacy skills,” in The Legal 500 US as “an aggressive trial advocate,” and in Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms and Attorneys as a “celebrated government investigations practitioner.”
From 1985 to 1990, Adam served as an Assistant U.S. Attorney for the Southern District of New York. He received the Director’s Award for Superior Performance from the U.S. Department of Justice (DOJ) in 1990.
Capabilities
Experience
- Represented former chairman and CEO of government contracting and procurement company charged with violating sanctions laws in connection with providing food to U.S. troops in Afghanistan. Following extensive litigation, DOJ entered into a non-prosecution agreement with the client and indictment was dismissed in its entirety.°
- Represent former Executive Vice President of public company under investigation by DOJ, SEC, State Attorneys General in connection with manufacturing of COVID vaccines.
- Represented former chief medical officer of opioid manufacturer.°
- Served as counsel to global pharmaceutical company in multiple civil and criminal actions and investigations.°
- Represented former chief compliance officer of a global pharmaceutical company in investigation of alleged “off-label” (not approved by FDA) marketing of anti-addiction medication.°
- Represented former president of a global biotech company in criminal and related civil and administrative proceedings concerning off-label promotion of prosthetic bone cement used in spinal surgery.°
- Represented a former senior executive of a Fortune 500 health care and pharmaceutical company in connection with investigation of company’s good manufacturing practices (GMP) and recall of children’s medication.°
- Obtained complete jury defense on behalf of a former pharmaceutical sales executive in a criminal case charging conspiracy and violations of the federal Anti-Kickback statute. Following a two-week trial in U.S. District Court for the District of Massachusetts, in Boston (U.S. v. Bruens, et al.), a jury took less than three hours to fully exonerate the client, who faced up to 15 years in prison.°
- Represent former executive of multinational mining and trading company in DOJ/SFO investigation of FCPA violations and alleged bribery worldwide.
- Represent president of international minerals mining company in DOJ investigation of FCPA violations.°
- Represented former senior executive of global retailer in investigation by DOJ, Securities and Exchange Commission (SEC), and other agencies into possible violations of the FCPA in Mexico.°
- Represented former president of a Fortune 500 oil services conglomerate in an FCPA investigation into improper payments to government officials in Africa.°
- Represent former software engineer at leading social media company charged with violating laws governing registration of agents for foreign governments and alleged spying for a foreign sovereign.
- Conducted internal investigation on behalf of board of directors ethics committee, into ethics violations by WMATA’s chairman.°
- Conducted internal investigation on behalf of WMATA into circumstances surrounding train derailment.°
- Obtained dismissal of False Claims Act lawsuit on sovereign immunity and other grounds, in Williams v. WMATA, U.S. District Court for the District of Columbia (Mehta, J.).°
- Defended WMATA in two False Claims Act lawsuits in the U.S. District Court for the District of Columbia and the U.S. District Court for the District of Maryland. Both cases were dismissed voluntarily by the plaintiffs following the filing of WMATA’s motion to dismiss.°
- Represent third-largest Chinese bank in U.S. litigation. Defeated motion to hold bank in contempt and impose $150 million in fines for resisting enforcement of third-party subpoena. U.S. Court of Appeals for the Second Circuit affirmed.°
- Represent journalist in high profile DOJ investigation of news outlet involving First Amendment freedom of press, Attorney-Client privilege, search and seizure and related issues.
- Represent president of global defense contractor in investigation of U.S. government contracts in Afghanistan and Iraq.°
- Conduct investigation of alleged fraud involving federal Cares Act/PPP loans.
- Represented former senior executive of VW automotive group in investigation by DOJ into alleged fraud in connection with diesel engine emissions testing.°
- Represented executive of Audi automotive group in investigation by DOJ into alleged fraud in connection with diesel engine emissions testing.°
- Represented the former chairman and chief executive officer of Kansas public utility in DOJ and IRS investigations, related shareholder litigation and arbitration proceedings (dubbed by the media the “Enron of Kansas”). Lead counsel on three-month trial that ended in a hung jury; second trial ended in conviction but was reversed on appeal and subsequently dismissed.°
- Obtained complete acquittal of client in multi-defendant trial of money laundering and tax charges.°
- Conducted investigation, on behalf of trustee in bankruptcy, into collapse of global financial broker once led by the former governor of New Jersey and CEO of Goldman Sachs. Prepared report for the court and brought suit for breaches of fiduciary duty.°
- Represented former chairman of PA Cyber, Pennsylvania’s largest charter school corporation, against charges of fraud and tax evasion.°
- Represented banker at one of the oldest banks in Switzerland in investigation by DOJ into alleged federal tax evasion related to undeclared offshore accounts.°
- Represent former executive of pharmaceutical company in price-fixing investigation.°
- Represented Fortune 100 company in an international criminal antitrust investigation.°
- Represented executive of global company in investigation of alleged international cartel activity.°
- Represented commercial real estate developer in investigation of alleged bribery and “pay to play” arrangements with municipal governments and high-ranking public officials.°
- Represented senior executive at Freddie Mac in connection with earnings manipulation investigations conducted by SEC and DOJ.°
- Defended a former officer of an investment bank in DOJ and SEC investigations alleging failure to supervise a conflict of interest transaction involving a substantial referral fee. No government action was ultimately taken against our client, after multiple settlement offers from the SEC were turned down.°
- Selected by court-appointed examiner to advise and assist with a federal court’s investigation of a multibillion-dollar energy company and preparation of examiner’s report following over $2 billion of trading losses and other irregularities.°
- Represented various public officials and congressional and campaign staffers in campaign finance and public corruption investigations, including chief of staff to U.S. Senator; campaign finance director for U.S. Senate campaign; press secretary to the First Lady; campaign finance director for U.S. Senator; and communications director for Congressional Caucus. Also represent private donors and business lobbyists in campaign finance inquiries, independent, and special counsel investigations.°
- Represented major pharmaceutical companies in qui tam litigation concerning Medicare and Medicaid reimbursement violations, off-label promotion, and other health care fraud-related claims. Obtained complete dismissal of qui tam lawsuit on behalf of pharmaceutical company.°
- Represented sports figures in investigations conducted by DOJ and Major League Baseball into use of performance-enhancing substances.°
- Represented a member of the FBI Hostage Rescue Team in civil and criminal proceedings stemming from the confrontation at Ruby Ridge, Idaho, that resulted in the deaths of a U.S. marshal and two civilians. All criminal charges against our client were dismissed.°
°The above representations were handled by Mr. Hoffinger prior to his joining Greenberg Traurig, LLP.
- Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of New York, 1985-1990
- Adjunct Professor, George Washington University Law School, 2008-Present
- Instructor, Georgetown University Law Center’s National Institute of Trial Advocacy (NITA), 1992-Present
Recognition & Leadership
- Listed, Benchmark Litigation, 2015-Present
- Listed, The Best Lawyers in America, 2003-2024
- Listed, Chambers USA, 2007-Present (Band 1)
- Listed, Washingtonian Magazine, 2002-Present
- "Top Lawyers Hall of Fame," 2022
- Listed, Expert Guides, White Collar Crime
- Listed, Global Investigations Review
- Listed, Lawdragon 500, “Leading Litigators in America,” 2022-2023
- Listed, Who’s Who Legal, Business Crime Defence
- Listed, The Legal 500 US, 2013-Present
- Listed, National Law Journal, “Hot Defense List,” 2007
- Listed, Super Lawyers Magazine, Washington D.C. Super Lawyers, 2007-Present
- Listed, LMG Life Sciences, 2013-Present
- “Life Sciences Star,” 2013-Present
- “Government Investigations Attorney of the Year,” 2015
- Team Member, National Law Journal, “Washington, D.C. Litigation Department of the Year - White Collar Defense & Special Investigations,” 2022
- Recipient, U.S. Department of Justice, Director’s Award for Superior Performance, 1990
- Fellow, American College of Trial Lawyers (top 1% of total lawyer population)
- Fellow, International Academy of Financial Crime Litigators
- Member, Alumni Board of Directors, Fordham University School of Law
Credentials
Education
- J.D., Fordham University School of Law
- B.A., Trinity College
Admissions
- District of Columbia
- New York