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Gabe Nugent

Partner

"I take pride in my ability to identify the best strategy for achieving my clients' goals and then pursue those goals relentlessly."

Overview

Biography

Gabe serves as co-chair of Barclay Damon’s White Collar Practice Area. He additionally serves as the managing director of the firm’s Elmira, Newark, New York City, and Syracuse offices and is a member of the firm’s Management Committee.

In his white collar practice, Gabe represents business and individuals in matters involving health care fraud, federal and state tax issues, insider trading, securities laws, environmental crimes, import and export control, the False Claims Act, the Foreign Corrupt Practices Act, mail and wire fraud, cybercrime, public corruption, procurement fraud, mortgage fraud, and offshore assets. He also conducts internal investigations and counsels companies in the development, implementation, and improvement of compliance plans.

In his higher education practice, Gabe advises colleges and universities on a variety of issues, including NCAA compliance and enforcement, Title IX, FERPA, and educational rights.

Gabe also handles complex commercial litigation, defending businesses in industries such as securities, accounting, health care, military products, software, electronics, energy and utilities, and environmental. He has tried cases in many federal and state court jurisdictions and in alternative dispute forums.

Bar Associations

  • American Bar Association
  • New York State Bar Association

Selected Memberships & Affiliations

  • Northern District of New York Federal Court Bar Association, Secretary and Former Trustee
Experience

Representative Experience

  • Defended Oneida Indian Nation Police Department officers in an excessive-force lawsuit filed in federal court. Obtained complete dismissal of the case on summary judgment after discovery.
  • Defended businesses and individuals in civil and criminal securities-fraud cases brought by the US Securities and Exchange Commission and the US Department of Justice.
  • Represented a labor-union investment advisor in criminal investigations and civil cases arising out of Madoff investment fraud.
  • Represented an individual in an insider-trading investigation by the SEC and US Attorney’s Office. Obtained a deferred prosecution agreement.
  • Represented defense contractors and manufacturers in a Foreign Corrupt Practices Act investigation by the USDOJ.
  • Defended a government contractor in a criminal investigation relating to a US military contract.
  • Represented US businesses and universities in export-control matters, including cases involving EAR and ITAR.
  • Represented a Division I college athletic program in NCAA major infractions enforcement action.
  • Obtained dismissal of an excessive-force civil-rights claim against tribal police officers (Alexander v. State of New York et al.).
  • Won a jury verdict rejecting claims of civil-rights violations against a NYS trooper (Jones, et al. v. Parmley, et al.).
  • Defended the chief of staff of a public official, avoiding prosecution in separate federal, state, and local official corruption investigations.
  • Regularly represents health care providers, both businesses and individuals, in state and federal investigations, including False Claims Act matters. Obtained one of the nation’s first post-Escobar dismissals (United States ex rel. Scharff v. Camelot Counseling).
  • Regularly represents pharmacy businesses in criminal investigations by state and federal regulators.
  • Represents medical-billing and medical-management companies in state and federal investigations.
  • Retained by a major financial institution’s board of directors to conduct an investigation of allegations brought forth under its whistleblower policy.
  • Regularly represents businesses and individuals in criminal and civil tax investigations.
  • Defended a high-net-worth individual in a criminal investigation and prosecution related to foreign bank accounts, money laundering, and structuring.
  • Regularly represents environmental manufacturers and testing and abatement companies in investigations of alleged Clean Air Act and Clean Water Act violations.
  • Defended a convenience-store and gas station chain in a criminal investigation by the NYS Department of Environmental Conservation.
  • Represented businesses and individuals in US Fish and Wildlife Service investigations involving illegal possession and import and conspiracy.
  • Represented a Nevada-incorporated risk-retention group in securities-fraud claims against an advisor.
  • Obtained summary judgment for an investment banker in litigation related to the sale of a Puerto Rican cable company.
  • Defended a medical-marijuana businesses in federal and state enforcement actions.

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Thelen Reid & Priest, LLP, Litigation Associate

Selected Honors

  • New York State Bar Association, Empire State Counsel Honoree, 2018
  • Selected to Super Lawyers Upstate New York: Commercial Litigation and White Collar Criminal Defense, 2017-2018
  • Chambers USA America’s Leading Lawyers for Business, Individual Attorney Recognition in Upstate New York: Litigation, General Commercial, 2016-2018
  • US District Court for the Northern District of New York, Pro Bono Service Honor Roll, 2012-2014

Featured Media

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