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Steve Fagell represents companies, boards of directors, and senior executives in government enforcement matters, internal investigations, and shareholder litigation. He focuses on criminal and civil regulatory matters presenting complex legal, political, and reputational risks. He routinely represents clients before the US Department of Justice, Securities and Exchange Commission, and other law enforcement and regulatory agencies. Mr. Fagell has advised clients in the life sciences, financial services, defense, technology, energy, and manufacturing industries on a variety of white collar matters, including those relating to foreign bribery, corporate whistleblowers, insider trading, accounting fraud, banking, government contracting, export controls, and transnational tax issues.

On December 10th, the Antitrust Division of the U.S. Department of Justice announced its first criminal indictment targeting an alleged conspiracy to reduce employee wages. The DOJ charged the former owner of a therapist staffing company with conspiring to reduce pay rates for healthcare worker contractors, but did not charge the company itself. Specifically, the indictment alleges that, for a six-month period in 2017, the defendant and his co-conspirators exchanged non-public information on rates paid to healthcare workers; discussed and agreed to decrease rates paid to healthcare workers; implemented rate decreases in accordance with their agreement; and paid healthcare workers at collusive and noncompetitive rates. The indictment alleges that the defendant’s behavior constitutes a per se violation of the antitrust laws and seeks penalties including fines and potential imprisonment. The indictment also includes an obstruction of justice charge, stemming from allegedly false or misleading information the defendant provided the Federal Trade Commission during the agency’s investigation of the same subject matter.
Continue Reading Antitrust Division Brings First Criminal Wage-Fixing Charge