Nicola T. Hanna is a litigation partner and member of the White Collar Defense and Investigations, Class Action and Complex Litigation, and Healthcare Practice Groups.

Mr. Hanna has extensive jury trial experience and is a Fellow in the American College of Trial Lawyers.  He has been recognized as one of the top criminal defense attorneys in California by Who’s Who Legal California (2009), named a Southern California “Super Lawyer” for white collar defense by Los Angeles magazine (2009) and listed in Best Lawyers in America (2010).

Focusing on complex criminal, SEC and regulatory enforcement matters, Mr. Hanna has represented individuals and corporations in a wide array of cases involving, among other things, alleged healthcare fraud, securities fraud, Foreign Corrupt Practices Act (FCPA) violations, insider trading, and environmental crimes.  Additionally, Mr. Hanna is often engaged by leading companies and by Audit and Special Committees of Boards of Directors to conduct sensitive internal investigations.

Mr. Hanna’s civil practice includes representing businesses in high stakes litigation in state and federal courts around the country.  He has represented numerous clients in actions brought pursuant to the False Claims Act, both by the Department of Justice and qui tam relators, against government contractors, healthcare providers and educational institutions.  He also has handled successfully cases involving consumer and shareholder class actions, unfair business practices, misappropriation of trade secrets, and civil fraud.

Representative Matters

Government/Defense Contracting

• Represented one of the country's largest publicly traded proprietary school companies in a nationwide  multi-year federal criminal and SEC investigation alleging fraudulent student recruitment and financial aid practices.  The DOJ ultimately declined prosecution and the SEC closed its investigation without action.
• Represented a defense contractor in a federal False Claims Act investigation alleging fraudulent overhead.  Successfully settled the case on favorable terms with the DOJ and obtained a “no action” letter from the Department of Defense.
• Defended a large engineering/construction firm in a federal False Claims Act investigation relating to military housing.  Convinced the DOJ not to intervene and the relator to dismiss his fraud claims voluntarily.

Banking

• Represented a major U.S. Bank targeted in a federal grand jury investigation into  alleged money laundering and Bank Secrecy Act violations for failure to report suspicious transactions.  Successfully negotiated a Deferred Prosecution Agreement with the DOJ and simultaneously resolved all regulatory actions.

Foreign Corrupt Practices Act

• Currently serving as one of the lead lawyers on a team of U.S. FCPA counsel to an overseas Independent Compliance Monitor appointed in connection with the largest ever FCPA settlement.
• Currently representing the former CEO of a valve manufacturing company charged criminally with FCPA and Travel Act violations involving alleged payments to foreign officials in 30 countries.

Healthcare

• Represented a Fortune 500 healthcare company in a federal criminal investigation alleging unnecessary open heart surgeries.  No charges were filed.
• Defended a hospital company in a $300 million False Claims Act suit brought by the federal government alleging Medicare overbilling at over 100 hospital facilities nationwide.
• Represented various hospitals in a series of False Claims Act cases alleging upcoding, cost report violations, and laboratory unbundling.  Successfully negotiated favorable settlements with state and federal regulators of all cases with no debarment.
• Served as lead counsel to an Independent Compliance Monitor appointed by the DOJ to oversee an orthopedic implant manufacturer’s compliance with the terms of a Deferred Prosecution Agreement arising from alleged violations of the Anti-Kickback Statute.
• Represented a not-for-profit hospital chain for alleged violations of the Medicare Secondary Payer Act.  Successfully obtained pretrial dismissal.

Securities

• Currently representing a group of independent directors in class action securities lawsuits and related federal grand jury and SEC investigations into the collapse of a publicly traded sub-prime mortgage company.
• Represented a public company in federal grand jury and related SEC investigations alleging wire and securities fraud.  No charges were filed.

Public Corruption

• Currently defending a pension board trustee in a state conflict of interest prosecution regarding the alleged $1.4 billion underfunding of a municipal employee pension system.  Successfully obtained pre-trial review by the California Supreme Court on a writ of mandamus.
• Represented a City Councilwoman in a federal grand jury investigation alleging insider trading and mail fraud in connection with votes to fund a new major league baseball park.  Successfully obtained a transfer to state court and negotiated a plea to two state misdemeanors.

Internal Investigations

• Conducted an internal investigation into the South American operations of a U.S. company regarding alleged violations of money laundering and foreign currency exchange laws.
• Represented the Special Committee of a NASDAQ-listed company in a stock options backdating internal investigation.

Prior to joining the firm, Mr. Hanna served as a federal prosecutor in Southern California for eight years.  Mr. Hanna was an Assistant United States Attorney for the Central District of California in Los Angeles from 1990 to 1994, handling matters involving illegal export of high-technology computer equipment, money laundering, financial structuring, narcotics, and other violent and economic crimes.  From 1995 to 1998, Mr. Hanna was an Assistant United States Attorney for the Southern District of California in San Diego, where he served as Deputy Chief of the Organized Crime Drug Enforcement Task Force.  In that capacity, he was responsible for prosecuting cases involving major money laundering and narcotics trafficking organizations, criminal tax violations, and international chemical diversion.  As an Assistant United States Attorney, Mr. Hanna has represented the government in numerous federal court jury trials and has briefed and argued cases before the U.S. Court of Appeals for the Ninth Circuit.  He has received many awards and commendations from state and federal agencies, including the FBI, DEA, IRS, and the U.S. Department of Commerce.

Mr. Hanna received his law degree magna cum laude from Georgetown University Law Center in 1987, where he served as Associate Editor of the Georgetown Law Journal.  He earned his B.A. degree from the University of California, San Diego in 1984.

Mr. Hanna's professional associations include the State Bar of California (admitted 1987), and the Orange County and Federal Bar Associations.  Mr. Hanna currently serves on the Board of Directors of the Public Law Center, Orange County's pro bono legal aid organization.