Nicholas A. Mongelluzzo

Associate
Nick Mongelluzo
Nick Mongelluzzo helps clients navigate an array of civil and criminal government enforcement actions, and with conducting internal corporate investigations. Nick's practice focuses on responding to grand jury investigations and inquiries from prosecutors, regulators, and state and federal agencies, and representing companies facing internal reports of misconduct and criminal activity. He has experience representing clients facing liability under a variety of state, federal, and foreign laws, such as the Foreign Corrupt Practices Act; the Anti-Kickback Statute; the False Claims Act; federal securities laws; state, federal, and international bribery statutes; and tax, bank, wire, and mail fraud laws.

Nick has recently worked on internal investigations in Europe and the Middle East for a public technology company and represented a law firm of more than 200 attorneys in a public corruption investigation in the U.S. The clients he represents span a range of industries, including technology, energy, retail, real estate, life sciences, financial services, government contracting, and the non-profit sector. Nick also advises clients on compliance and corporate governance matters, including designing and implementing anti-corruption compliance programs and information management policies.

Experience

Representative Matters

Government and Internal Investigations

  • Serving on a team of attorneys conducting an internal investigation for an international technology company in response to allegations of FCPA and U.K. Bribery Act violations in Turkey 
  • Served on a team of attorneys representing a law firm in a federal public corruption investigation into alleged bribery of a state official. Managed response to grand jury and trial subpoenas, prepared firm attorneys and employees for trial, analyzed complex privilege issues, and represented the firm's interests during a 4-week trial of the partners
  • Served on a team of attorneys conducting an internal investigation into allegations involving financial integrity issues in Brazil, for a multinational corporation
  • Conducted an internal investigation for a national mortgage association in relation to potential securities fraud violations
  • Represented a pharmaceutical payment assistance provider in response to grand jury subpoenas investigating potential anti-kickback statute violations
  • Conducted an independent internal investigation of a real estate investment trust in response to whistleblower allegations of fraud, mismanagement, and corporate waste
  • Served on a team representing a state government subcontractor in response to a grand jury subpoena issued by the U.S. Attorney's Office relating to the subcontractor's potential involvement in a fraudulent kickback scheme
  • Represented a former controller of a publicly traded company in parallel DOJ and SEC investigations relating to tipping and insider trading

Compliance Programs, Training, and Advisory Guidance

  • Drafted an anti-bribery and corruption policy for a multinational pharmaceutical company, including implementation of compliance with French and Chinese law
  • Advised a financial investment firm on employment considerations related to the FCPA and UK Bribery Act
  • Advised a nonprofit association on gift giving and FCPA issues
  • Advised a national trade association on corporate governance concerns regarding structure of internal investigations, ethics, and compliance departments
  • Drafted an information governance policy for a professional credential chartering organization and advised on implementation issues

Civil Litigation

  • Represented a major regional retailer in a contract dispute with a national vendor over breach of contract and failure to pay claims before a state court
  • Represented a national health insurance provider against a state insurance commissioner in U.S. District Court relating to the commissioner's mandatory spending directives
  • Represented a national asset management company in a civil action against a former subcontractor related to embezzlement and fraud claims

Regulatory Proceedings

  • Served on a team that represented Exelon Corp. and Pepco Holdings Inc. (PHI) in their regulatory merger proceedings and subsequent litigation, gaining the approval of the Maryland Public Service Commission to bring together Exelon's and PHI's electric and gas utilities
  • Managed the state regulatory discovery process for a multi-billion-dollar international utilities company merger
  • Advised a retail energy provider on the handling of state utilities disputes from customers before state courts and the state public service commission

Insights

Credentials
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Education

  • J.D. University of Virginia School of Law 2014
    • Member, editorial board, Virginia Journal of Criminal Law
  • B.A. Government and Politics magna cum laude University of Maryland, College Park 2011

Bar Admissions

  • Maryland
  • District of Columbia

Court Admissions

  • U.S. District Court for the District of Maryland
  • U.S. Court of Appeals for the Fourth Circuit

Professional Memberships and Activities

  • American Bar Association
    • Criminal Justice Section: White Collar Crime Division; Forensic & Investigative Practices Committee
    • International Law Section: International Anti-Corruption Committee
  • Maryland State Bar Association
  • Bar Association of Baltimore City
  • District of Columbia Bar Association

Community
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Pro Bono

  • Successfully represented refugees and their families fleeing gang violence in El Salvador and seeking asylum before the U.S. Immigration Court
  • Represented victims of domestic violence in peace and protective order proceedings before Maryland state courts

Volunteerism

  • Member, Canton Community Association
  • Member, University of Maryland Alumni Association and Terrapin ClubMember, Sons of Italy lodge in Little Italy
  • Member, Associate Leadership Council; former teaching volunteer, Junior Achievement of Central Maryland – an organization dedicated to educating Baltimore-area youth on financial literacy and entrepreneurship