About Us
Overview
As a former Assistant U.S. Attorney, Jack’s negotiating skills are well admired by his colleagues, as are his intense and aggressive preparation for conversations with the government and ultimately for trial. A former varsity football player in college, Jack has immense reservoirs of grit and gamesman strategy, and is tireless in the care and defense of his clients.
His experience on both sides of the courtroom is substantial. A fellow of the American College of Trial Lawyers, Jack has tried numerous complex jury trials and handled a myriad of long-term grand jury investigations. Some of his work is the stuff movies are made about. As a U.S. Attorney, he successfully deported a Nazi war criminal who had participated with German forces in the persecution of Jews in the Soviet Union that culminated in the death of thousands of Jews in 1942 in Luboml, Poland. In that case, United States v. Kowalchuk, Jack traveled behind the Iron Curtain and to Israel to conduct depositions of Holocaust survivors. In 1979, he received a Special Achievement Award from the Attorney General of the United States in recognition of sustained superior performance.
In private practice for over 30 years, Jack has successfully defended scores of individuals and businesses. His approach to his practice is grounded in the philosophy that each client’s case requires constant attention and evaluation at each juncture. A sizeable part of his practice is advising businesses concerning compliance with complex laws and regulations to avoid the risk of criminal investigations.
Education, Clerkship, Admissions and Litigation
Education
Villanova University School of Law, J.D., 1975
University of Pennsylvania, B.A., 1972
Varsity football, offensive lineman
Clerkship
The Honorable Theodore O. Rogers, Commonwealth Court of Pennsylvania (1975–1976)
Admissions
Pennsylvania
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the Middle District of Pennsylvania
U.S. District Court for the District of Arizona
U.S. Tax Court
Third U.S. Circuit Court of Appeals
Eleventh U.S. Circuit Court of Appeals
Supreme Court of the United States
Commercial Litigation
Represented class representative when Daimler Chrysler brought a civil suit in federal court against a major Philadelphia plaintiff’s firm and the class action representative under the Pennsylvania Dragonetti Act. The suit was nationally publicized by Daimler Chrysler as a campaign against plaintiff class action law firms. After months of intense discovery and mediation, the suit was settled with no attribution of fault to the class representative or the law firm.
Represented a defendant company that operated medical testing facilities nationwide, in $200 million RICO fraud case with approximately 15 other defendants; the case involving Jack’s client settled after extensive 12(b)(6) Motions were filed attacking, inter alia, the legal sufficiency of the civil RICO claims.
Represented two key employees of a national sports wholesalers in an employment raiding dispute between two of the largest sports distributors/wholesalers of firearms in the country. Jack filed successful 12(b)(6) Motions in Eastern District of Pennsylvania to dismiss civil RICO claims, participated in two-day mediation in Chicago, Illinois, represented employees in two separate two-day depositions neither client found liable.
Represented an attorney sued in a Dragonetti Act civil litigation case, one of several attorneys and entities sued based on their roles as class action plaintiffs’ counsel or plaintiffs in the Luzerne County “Kids for Cash” saga; the case was dismissed by trial court which sustained preliminary objections, was affirmed on appeal to the Pennsylvania Superior Court; the Pennsylvania Supreme Court, after argument, decided Allowance of Appeal was not appropriate, thereby affirming the Superior Court decision.
White Collar Experience
One of Jack’s most notable cases was the nine-week federal court trial of the then ranking Republican in Congress, Congressman Joseph McDade; Jack was co-trial counsel for Congressman McDade who was acquitted by a jury of all criminal charges including racketeering, bribery, and conspiracy.
Conducted an internal investigation of a $100 million dollar venture capital fund as a result of significant losses sustained by the fund; among the largest investors in the fund were state-controlled pension funds from several states in the northeast region of the United States; wrote report and provided a personal presentation to all investors.
Conducted an internal investigation on behalf of a defense contractor in connection with its work for a government agency on a multi-Billion Dollar contract.
Represented various entities and individuals in numerous Qui Tam healthcare-related federal grand jury investigations and/or litigation under the federal Qui Tam statute; these matters involved both representation of Qui Tam relators/whistleblowers as well as instances of representation of companies and/or executives of healthcare entities involved in Qui Tam investigations and litigation.
In connection with a federal investigation into the insurance industry, Jack was honored to represent the Non-Commissioned Officers Association (“NCOA). The NCOA has well over 100,000 members, all of whom are enlisted and former enlisted service members. The representation lasted for well over three years and the NCOA was never assessed with any wrongdoing at the conclusion of a complex world-wide investigation.
Represented former longtime Pennsylvania Senator Raphael Musto in connection with federal charges related to his duties as a Pennsylvania state senator; Client was adjudged mentally incompetent to stand trial at a full day hearing held on January 6, 2014; client passed away at home in April 2014 and all charges dismissed.
Represented an executive from a Fortune 100 company in connection with an investigation by the SEC in New York with respect to the over $100 million fraud perpetrated by Adelphia Cable Company and the Rigas family members who ran Adelphia. Jack represented his client in an all-day formal statement under oath before the SEC in New York with respect to transactions between the client’s company and Adelphia. Client sustained no adverse consequences.
Represented a Japanese national who was an executive of a Japanese company who entered a plea of guilty for his part in a world wide price fixing conspiracy. The sentencing hearing required weeks of preparation, obtaining sophisticated medical testimony, that permitted the court to make findings to avoid the mandatory jail sentence for the client and resulted in a sentence of non-reporting probation which allowed client to immediately return to Japan.
Represented the defendant who was the main account executive in a $70 million fraud scheme, affecting investors in several states. The sentencing guidelines calculation dictated a ten-year sentence, based on the loss. Jack successfully convinced the federal authorities that a tax violations was more appropriate for his client. In a complicated sentencing hearing, the defendant received a sentence of 27 months while his co-conspirator was sentenced to ten years.
Represented a company and its executives in connection with an investigation by the U.S. Attorney’s Office for the Eastern District of Pennsylvania, U.S. Environmental Protection Agency, Pennsylvania Attorney General’s Office, and the Pennsylvania Department of Environmental Protection into the onsite sewage systems and onsite water treatment facilities at several of the 73 mobile home parks owned and operated by the company; after two years of investigation and negotiations, a formal Consent Order was agreed upon and filed in federal court to resolve and address any and all environmental issues.