Henry E. Hockeimer, Jr.

Partner

hockeimerh@ballardspahr.com
Tel 215.864.8204
Fax 215.864.8999
Philadelphia

Henry E. Hockeimer, Jr., is the Practice Leader of Ballard Spahr's White Collar Defense/Internal Investigations Group. Hank's practice focuses on white collar criminal defense and securities fraud/litigation. He represents businesses and individuals facing investigation by state and federal authorities, and has represented clients in federal and state courts throughout the United States. Hank's jury trial experience is extensive, both in private practice and as a former federal prosecutor. Hank's practice also focuses on complex civil litigation. He has represented large and mid-sized corporations in a wide spectrum of civil matters, including contract disputes, actions involving intellectual property and trade secrets, product liability matters, and insurance coverage disputes.

Prior to joining Ballard Spahr, in the spring of 1995, Hank was appointed as an Assistant U.S. Attorney in Oklahoma City, Oklahoma. As a federal prosecutor, he tried several high-profile public corruption, major fraud, and domestic terrorism cases, including the successful prosecution of the leader of a major anti-government "Patriot" group. During his tenure in the U.S. Attorney's Office, he served as the Domestic Terrorism Coordinator and was a member of the FBI's Domestic Terrorism Task Force.

Internal Investigations

Hank has extensive experience conducting internal investigations for companies public and private, large and small, as well as for other types of governmental, municipal, and private entities. These include investigations in response to such allegations as FCPA violations, health care fraud, insider trading, campaign finance improprieties, tax fraud, fraudulent business practices, defense procurement/government contracting fraud, accounting fraud, and many others.

Representative matters include:

Financial Services

  • Represented a large financial institutional in response to Department of Justice, SEC, and state investigations relating to possible municipal securities fraud and RESPA violations
  • Represented an employee-owned private equity firm, conducting an internal review of the company's operations, financial transactions, and existing vendor/service-provider relationships relating to former CEO's misappropriation of funds

FCPA

  • Represents corporations in conducting internal investigations into possible FCPA violations and in negotiating resolutions with the Department of Justice and SEC
  • Conducted an internal investigation on behalf of a large multinational health care company into allegations by a whistleblower relating to alleged improper payments made to government officials
  • Represented a large petroleum and petrochemical manufacturer in an FCPA investigation involving various U.S. Attorney's Offices, the SEC, and the Office of Fair Trading in London
  • Develops comprehensive FCPA compliance programs for a variety of clients

Pharmaceutical/Anti-Kickback

  • Represents a large multi- national pharmaceutical company in connection with a government investigation into charitable contributions made to certain non-profit foundations

Computer Fraud and Cyber

  • Conducted an internal investigation for Lower Merion School District (LMSD) relating to federal and state invasion of privacy and civil rights claims arising from school district's use of remote monitoring technology in computers issued to students. Represented LMSD in all related civil litigation and regulatory inquiries. No criminal charges were filed.
  • Represented a Philadelphia-based computer training company in a computer crime investigation conducted by the U.S. Attorney in Connecticut; no charges were brought against the company

Export Control/ITAR

  • Counsels companies on ITAR and other issues related to the Export Control Act
  • Represented a defense contractor in connection with possible ITAR violations following the execution of a search warrant at one of the company's facilities; matter was resolved administratively

Miscellaneous

  • Represents a national life insurance company in SEC and state agency investigations involving allegations of fraud in certain life insurance products
  • Represents a large national paint seller in a federal investigation relating to possible MBE/DBE fraud
  • Represented several charter schools in state and federal criminal investigations, civil litigation, and administrative litigation. Conducted internal investigations relating to financial irregularities, executive misconduct, and misuse of public funds.

Individual Representations

Hank also represents individuals facing both state and federal criminal investigations. These cases encompass allegations of public corruption, financial crime, health care, tax fraud, and numerous other possible violations of state and federal laws.

Representative matters include:

Securities Fraud

  • Regularly represents individuals and companies in SEC investigations and enforcement, involving issues such as Ponzi schemes, insider trading, and market abuse and fraud
  • Represented a large hedge fund operator alleged to have committed insider trading by the SEC; matter was resolved with a fine and no admission of wrongdoing; the client was allowed to continue operating in the securities industry
  • Represented the former CFO of a New Jersey-based public company in an alleged accounting fraud investigation; no charges were brought against the client
  • Represented the former Comptroller of a Delaware-based public company in an alleged accounting fraud investigation; no charges were brought against the client

Public Corruption

  • Represented the former mayor of Harrisburg, Pennsylvania, in defense of multiple counts of theft and bribery. The client was initially charged with 499 counts of violating various Pennsylvania criminal statutes. Upon motion filed by defense, court dismissed over 300 of the counts. The client ultimately pled to lesser counts and was given probation.
  • Represented a former Philadelphia Traffic Court Administrative Judge, who was indicted alongside eight other judges by a federal grand jury in a nationally publicized case involving the alleged fixing of traffic tickets at the Philadelphia Traffic Court. After a two-month trial in federal court in Philadelphia, the client was acquitted of all charges.
  • Represented a Pennsylvania State Senator against charges of theft of government services and ethics violations. The client pled to an ethics violation and received probation.
  • Represented the former chair of the Pennsylvania Liquor Control Board in a state ethics investigation
  • Represented a former political fundraiser in two separate grand jury investigations relating to public officials in Pennsylvania and New Jersey; no charges were brought against the client
  • Represented a former political fundraiser in an indictment brought by a federal grand jury in Puerto Rico, relating to alleged unlawful campaign contributions made to the then Governor of Puerto Rico. The indictment of the client was ultimately dismissed and the client resolved that matter through a plea to a misdemeanor.
  • Represented a prominent labor leader in a corruption investigation being conducted by the U.S. Attorney for the Eastern District of Pennsylvania; no charges were filed

Health Care/Off-Label Marketing

  • Represents and has represented several current and former pharmaceutical company employees in "off-label" marketing investigations being conducted by various U.S. Attorney's offices 

Tax

  • Represents numerous individuals under investigation for alleged criminal tax violations
  • Represented a former tax manager of a large public corporation in an IRS investigation related to allegedly inappropriate deductions

Antitrust

  • Represented a former senior vice president of a major multinational corporation into alleged price-fixing in the rubber products industry
  • Represented a Norwegian-based tanker company in a price-fixing investigation into the parcel tanker shipping industry

DBE/MBE Fraud

  • Represents the owner of a construction company in connection with allegations of DBE fraud related to certain government construction projects

Miscellaneous

  • Represented a civilian contractor, a former civilian interrogator at the Abu Ghraib prison in Iraq, in investigations arising from allegations of detainee abuse at the Abu Ghraib prison. No charges were filed against the client.


Pro Bono Experience

Hank has handled a variety of pro bono cases, ranging from landlord-tenant disputes to cases involving significant constitutional issues.

Judicial Clerkships

Hon. James C. Cacheris, U.S. District Court for the Eastern District of Virginia

Professional Activities

American Bar Association, member, Section on Litigation; member, Criminal Justice Section, White Collar Crime Committee; past Co-Chair, Public Corruption and Extortion Sub-Committee

Recognition & Accomplishments

Chambers USA: America’s Leading Lawyers for Business, litigation: white collar crime and government investigations, 2006-2017

The Best Lawyers in America, corporate compliance law, criminal defense: white collar, 2013-2018

Named Best Lawyers' 2013 Philadelphia Corporate Compliance Lawyer of the Year

One of ten Philadelphia lawyers honored by The Legal Intelligencer and Pennsylvania Law Weekly as one of the "Top Lateral Hires of 2005"

Recipient, Philadelphia Bar Association's Pro Bono Award, 2001

Publications

Frequent writer and lecturer on criminal law issues and federal trial practice

Co-author, "How McDonnell Changes Public Corruption Prosecution," Law360, June 30, 2016

Co-author, "Supreme Court Clarifies Extraterritorial Reach of RICO," Ballard Spahr alert, June 21, 2016 

Author, “Enforcement Trends and What to Do,” chapter in Managing White Collar Legal Issues, Aspatore Books, 2016

Co-author, "Former Cardinals Scouting Director Pleads Guilty to Hacking Astros’ Computer Systems," Ballard Spahr alert, January 11, 2016

Co-author, "Look Out! They're Gonna Get YOU: DOJ Going After Individuals in FCPA Prosecutions," Corporate Counsel, March 17, 2010

Speaking Engagements

Panelist, "ABCs of the Economic Espionage Act (EEA)," Philadelphia Young Lawyers Division of the ABA's White Collar Crime Committee and Ballard Spahr CLE program, March 20, 2013

Panelist, "Self-Preservation or Self-Immolation: Self Disclosure to DOJ, HHS and Other Government Agencies," Philadelphia Young Lawyers Division of the ABA's White Collar Crime Committee, May 20, 2010

Panelist, "The Subprime Mortgage Crisis: Causes and Consequences," Philadelphia, April 2008

Moderator, "Lessons Learned From The Libby Case," ABA White Collar Crime Committee, New York, October 2007

Adjunct professor, Trial Advocacy, Temple University James E. Beasley School of Law, 2006-Present

Former adjunct professor, Catholic University of America Columbus School of Law

Board Memberships

Project H.O.M.E., Board of Trustees

Augustinian Defenders of the Rights of the Poor (ADROP), Board of Directors

Philadelphia Volunteers for the Indigent Program, past board member

American Red Cross, Southeastern Pennsylvania Chapter, Finance Committee, past board member

The Catholic University of America Columbus School of Law (J.D.)
Senior Staff Member, Journal of Contemporary Health Law and Policy

Miami University (B.A.)

Languages

Spanish

District of Columbia

Pennsylvania

Virginia