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OVERVIEW

Larry A. Mackey
Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P 317-231-7236

F 317-231-7433

OVERVIEW

Larry A. Mackey
Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P 317-231-7236

F 317-231-7433

A former federal and state prosecutor who is chair of the firm’s White Collar and Investigations team, Larry Mackey advises on white collar criminal defense and complex litigation. Having tried federal cases to successful acquittal, Larry works with clients to tell their story in a manner that is highly persuasive and impactful to fact finders, judges and juries.

OVERVIEW

Larry A. Mackey Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P : 317-231-7236

A former federal and state prosecutor who is chair of the firm’s White Collar and Investigations team, Larry Mackey advises on white collar criminal defense and complex litigation. Having tried federal cases to successful acquittal, Larry works with clients to tell their story in a manner that is highly persuasive and impactful to fact finders, judges and juries.

Larry concentrates his practice on the representation of corporations and executives subject to federal and state criminal and civil investigation proceedings. He currently serves as the independent corporate compliance monitor for a large U.S. medical device manufacturer and distributor pursuant to the company’s deferred prosecution agreements with the U.S. government.

In addition, Larry has represented multinational corporations before the U.S. Securities and Exchange Commission (SEC) and Department of Justice (DOJ) in Foreign Corrupt Practices Act (FCPA) investigations. He also represents clients in complex civil disputes, including prelitigation case assessment and in all trial proceedings.

Notably, Larry joined the firm after 18 years as a federal prosecutor and three years as a state prosecutor. He concluded his DOJ service on the prosecution team responsible for the convictions of the Oklahoma City bombing defendants. Larry tried both cases and delivered the prosecution's closing argument in U.S. v. Timothy McVeigh. As a federal prosecutor, he also investigated and tried a wide array of white collar offenses, including securities fraud, healthcare fraud, money laundering, bank fraud, and antitrust and environmental crimes.

Larry’s dedication to preparation is manifest in his absolute command of the facts of his case, which he presents with respect, decorum and sincerity. His unwavering pledge to providing the best possible defense for his client is reinforced by a personal belief in the critical role juries play in the justice system.

Larry doesn’t lose focus on the importance of the outcome when defending his clients, who are often faced with results that can threaten not only their financial well-being, but also their freedom. This enormous civil responsibility drives him day in and day out to present the requisite information and the most impactful, sensible argument needed to find in favor of his client.

Professional and Community Involvement

Fellow, American College of Trial Lawyers

Fellow, Indianapolis Bar Foundation

Honors

The Best Lawyers in America, 2007-2019; Lawyer of the Year, 2013

Chambers USA, 2007-2018

Indiana Super Lawyers, 2004-2019

Former board of trustees at-large member, University of Evansville

Honorary Doctor of Humane Letters (1999), University of Evansville

EXPERIENCE
  • Defended large national company in federal investigations of export violation.
  • Barnes & Thornburg attorneys conducted internal investigation for Fortune 500 pharmaceutical manufacturing client involving hundreds of employee interviews and represented company in grand jury investigation into marketing practices and negotiation of settlement.
  • Barnes & Thornburg attorneys represented a Japanese automobile parts manufacturer and its U.S. and Canadian subsidiaries in a global investigation of possible bid-rigging and price-fixing in the sale of auto parts to automobile manufacturers. The U.S. Department of Justice (DOJ) Antitrust Division, the Japan Fair Trade Commission, European Commission and the Canadian Competition Bureau were all involved in this investigation. After conducting a thorough internal investigation of relevant employees in the United States and Japan, and cooperating with the DOJ for more than two years, the DOJ closed its investigation of our clients in April 2013. The DOJ has obtained more than $2.4 billion in criminal fines as part of its auto parts investigations to date, and the clients successfully avoided paying any fines.
  • Barnes & Thornburg attorneys represented a Japanese automobile parts manufacturer and its U.S. subsidiary in the U.S. Department of Justice (DOJ) Antitrust Division’s ongoing investigation of possible bid rigging and price fixing in the sale of auto parts to global automobile manufacturers. After conducting a thorough internal investigation of relevant employees in both the United States and Japan, and cooperating with the DOJ for more than a year, the DOJ closed its investigation of our clients in November 2014. The DOJ has obtained more than $2.4 billion in criminal fines as part of its auto parts investigations to date, and the clients successfully avoided paying any fines.
  • Barnes & Thornburg attorneys represented Anheuser-Busch in a case that arose as a result of a temporary Indiana state regulation that permitted beer distributors to engage in "transshipping," a practice in which beer distributors were permitted to sell outside of the territory that had been designated for them by the alcohol brewing companies. After the regulation expired, the beer distributors filed suit against the Indiana Alcohol & Tobacco Commission and the various brewing companies. Barnes & Thornburg represented Anheuser-Busch's interests in the litigation. As a major brewing company, Anheuser-Busch's interests were aligned with the position of the Indiana Alcohol & Tobacco Commission because the temporary rule had prevented Anheuser-Busch from enforcing the territories it had negotiated with the beer distributors. Barnes & Thornburg assisted Anheuser-Busch in defending the expiration of the law from the distributors' challenge, and succeeded in obtaining judgment in favor of our Client. The beer distributors appealed to the Indiana Court of Appeals, but the appellate court affirmed the judgment of Marion Superior Court. Little Bev. Co. v. DePrez, 777 N.E.2d74 (Ind. App. 2002).
  • Barnes & Thornburg attorneys represented chief accounting officer in multinational company against allegations of accounting and securities fraud brought by the Department of Justice and the Securities and Exchange Commission.
  • Barnes & Thornburg attorneys represented major pharmaceutical company in a case involving a fraudulent scheme by defendants, a coterie of women in New York, to purchase client's products at a large discount for a purported "promotional program." The phony promotional program was sold to Client as a plan to distribute its diabetes care products through independent pharmacies. Once client agreed to sell the products to defendant for the program, defendant secretly diverted the products to wholesalers and pocketed the discount. When Client brought suit to enjoin the scheme, defendant produced fabricated documents to prove that the Client knew the products would be diverted from the beginning. The court granted Client's motion for a TRO and the case settled. The individual defendants were later prosecuted criminally.
  • Barnes & Thornburg attorneys represented the former campaign chairman for a U.S. presidential candidate in a federal jury trial regarding reporting obligations under the Federal Elections Act. The client was acquitted of one count of making false statements to law enforcement, which was the only charge the jury was asked to consider.
  • Barnes & Thornburg obtained not guilty verdicts for clients Tokai Kogyo Ltd., and its U.S. subsidiary, Green Tokai Co. Ltd., in a federal criminal jury trial in the U.S. District Court for the Southern District of Ohio in Cincinnati. Tokai and Green Tokai were indicted in June 2016 for allegedly conspiring to fix the prices of automotive body sealing products sold to Honda Motor Co. Ltd in the United States and faced potential fines in the hundreds of millions of dollars. After a month-long jury trial featuring testimony from several Japanese witnesses from Nishikawa Rubber and Honda, the jury returned its verdicts after less than four hours of deliberation.
  • Barnes & Thornburg White Collar Crime partners Larry Mackey and Jason Barclay represented John Bales, President and founder of Venture Real Estate Services, in his full acquittal in a 13-count federal mail, wire, and bank fraud trial in the U.S. District Court for the Northern District of Indiana.

    Mackey and Barclay have represented Bales since near the start of the investigation, through indictment, and at trial. Bales, and Venture's general counsel William "Bill" Spencer, were accused of defrauding the State of Indiana and Huntington Bank.

    Venture served as the State's tenant representative and helped place various state agencies in 160 private offices throughout Indiana. Bales and Spencer were accused of obtaining an ownership interest in one of the buildings leased to the Indiana Department of Child Services and then concealing that interest from the State and Huntington Bank officials in violation of Venture's contract with the State and loan documents signed by the building's landlord.

    The three-year long investigation was conducted by the FBI and the trial lasted nearly two weeks with more than 700 trial exhibits. The trial was covered extensively by the Indianapolis Business Journal and included the testimony of several high-ranking former officials in the State administration. The jury deliberated eight hours and found both Bales and Spencer not guilty of all charges.

    Barnes & Thornburg attorneys Mark Stuaan, Brian Weir-Harden, Meredith Rieger, Joe Wendt, George Horn, Dennis Stolle, Christina Studebaker and David Bartholomew assisted in preparation for the trial. Wendy Asbury and Glenn de Roziere provided critical staff support before and during trial.
  • Represented company executive of multinational public telecommunications company in high profile federal parallel investigation conducted by the FBI and the SEC into allegations of securities fraud.
  • Defended company in federal prosecution alleging falsification of laboratory data relating to food quality.
  • Defended corporate executive in federal jury trial against allegations of failure to pay over taxes withheld from employee salaries.
  • Defended Fortune 100 telecommunications company against allegations it defrauded the federal E-Rate Fund in a parallel criminal, civil, and administrative investigation brought by the U.S. Department of Justice and the Federal Communications Commission.
  • Defended highway contractor during a two year investigation and month long jury trial against charges of bribery, obstruction of justice, witness tampering, and conspiracy. Helped client win acquittals on all counts and secure dismissal of charges against co-defendant.
  • Defended manufacturer of blood glucose meters and test strips against claims of patent infringement in a multi-billion dollar market. The case settled after the plaintiffs potential recovery was reduced by partial summary judgments of laches and invalidity and a motion in limine barring a substantial portion of the plaintiffs remaining damages claim.
  • Larry Mackey and Jason Barclay, partners in Barnes & Thornburg’s White Collar Crime group, assisted OmniSource Corporation, one of the country's leading metal recyclers, in getting the state's largest criminal and civil forfeiture case dismissed by the Marion County Prosecutor’s Office.

    The Marion County Prosecutor’s Office dropped all criminal charges and the pending civil litigation worth over $500 million against OmniSource, which had been under investigation for over 3 years for allegations of racketeering and accepting stolen property.
  • National pharmaceutical wholesaler H.D. Smith Wholesale Drug Co., Inc. recently recovered more than $1 million, including costs and fees, from the U.S. government after successfully defending allegations that some of a customer's accounts were traceable to criminal conduct and subject to civil forfeiture.

    Barnes & Thornburg LLP attorneys Larry Mackey, Jason Barclay and William Leeder assisted H.D. Smith with the recovery, which is one of the only reported cases in the country where a claimant has secured costs and fees from the federal government under a provision in the Civil Asset Forfeiture Reform Act of 2000 (CAFRA).

    CAFRA altered virtually all aspects of civil judicial forfeiture procedures initiated by the federal government. CAFRA provides that a claimant may recover seized assets from the government if they are an “innocent owner. . . who did not know of the conduct giving rise to the forfeiture,” or “upon learning of the conduct giving rise to the forfeiture, did all that reasonably could be expected under the circumstances to terminate such use of the property.” 18 U.S.C. §983(d)(2)(A).

    The government argued that while H.D. Smith did not have actual knowledge of any criminal conduct, it should have been aware of that conduct based on the volume of pharmaceuticals sold to the pharmacy. However, H.D. Smith was in full compliance with all obligations imposed on it by the Controlled Substances Act, 21 U.S.C. §801 et. seq. and all regulations promulgated thereunder related to the monitoring of controlled substance purchases by the pharmacy at all relevant times. In furtherance of those obligations, H.D. Smith had even notified the DEA of suspicious orders placed by the pharmacy before the DEA had even initiated the investigation resulting in the seizure of the accounts. Remarkably, the Government’s own witnesses conceded that the volume of controlled substances ordered by the pharmacy was in no way indicative of criminal conduct. The Government further conceded that there had been no regulatory violation committed by H.D. Smith as a result of its monitoring efforts with respect to this particular pharmacy.

    After a trial in federal court in the Eastern District of Michigan, the Court held that H.D. Smith sustained its burden of proving its innocent owner defense. In reaching its conclusion, the Court further ruled that H.D. Smith was “not willfully blind to the conduct giving rise to the seizure and forfeiture of assets of the pharmacy either before or after it acquired its interest in the property.” Therefore, H.D. Smith was entitled to the return of the balance of the seized accounts.

    More importantly, when a party such as H.D. Smith “substantially prevails” in defending a civil forfeiture action under the CAFRA, it is entitled to recover its attorney fees and costs. 28 U.S.C. §2465(b)(1)(A). Subsequent to receiving a favorable ruling from the court, H.D. Smith filed a comprehensive Motion for Attorney Fees and Costs. The case is reported at U.S. v. Four Hundred Sixty Three Thousand Four Hundred Ninety Seven Dollars & Seventy Two Cents in United States Currency, et al., 853 F.Supp.2d 675 (E.D. Mich. March 30. 2012). The United States has abandoned any appeals.
  • Obtained injunction precluding departing financial advisors from competition.
  • Represented company executive in federal prosecution of alleged price fixing.
  • Represented former Wall Street executive in parallel criminal and civil proceedings for securities fraud arising from violations of federal banking laws.
  • Represented publicly traded national homebuilder client in internal investigation of employees and contractors for over billing, fraud and theft.
  • The United States government, acting through the Department of Justice Environmental Crimes Section, the Environmental Protection Agency and the United States Attorney for the Northern District of Indiana, filed a 26-count criminal indictment against United Water Services, Inc. (United Water), one of the country’s largest water and wastewater treatment companies, and two of its managers, Dwain Bowie and Gregory Ciaccio; alleging that the defendants tampered with legally required monitoring methods while managing the Gary Wastewater Treatment Facility for the City of Gary from 2003 to 2008, thus violating the Clean Water Act.

    On November 9, 2012, after a two-week trial in the United States District Court for the Northern District of Indiana, which followed a four-year federal government investigation led by the EPA, the FBI and the Department of Justice, a federal jury acquitted United Water and the two managers of all allegations. The prosecutions marked the first time the government brought tampering charges without proof of actual alteration of compliance samples. Judge Simon accepted the Barnes & Thornburg team’s proposed definitions of what constitutes tampering under the Clean Water Act.

    The verdict represents a complete vindication for the company and the accused individuals, avoids multi-million dollar fines and penalties, as well as possible imprisonment for the employees, and prevents a potentially business-ending debarment from future waste water and drinking water treatment business within the United States.

    Leading the defense were partners Larry Mackey, Patrick Cotter and Harold Bickham, with primary assistance from partner George Horn and assistance throughout the trial by associates Tim Haley and Meredith Rieger.

    United States v. United Water Services, Inc., Dwain Bowie and Gregory Ciaccio, Case No. 2:10 Cr 217.
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