Preston L. Pugh

Partner | He/Him/His

Overview

Preston Pugh is a trial lawyer and the co-chair of Crowell & Moring’s False Claims Act (“FCA”) practice. A former Assistant U.S. Attorney, compliance monitor, and Senior Counsel at a Fortune 10 company, today clients rely on him for advice in complex government and internal investigations, high-stakes litigation matters, significant regulatory enforcement issues, substantial reputational concerns, and the implementation of remedial measures and compliance programs. His extensive work in corporate investigations has been recognized in The Legal 500.

Preston has served as a first chair trial lawyer in several successful jury trials, and has argued cases in the majority of the federal courts of appeals. A member of the bars of Washington, D.C., Illinois and New York, he has led the defense of whistleblower investigations and litigation in many different industries, including health care, financial services, insurance, professional services and consulting, defense and aerospace, and government contracting. His recent engagements include, among others, the defense of corporations investigated by the Department of Justice (“DOJ”) in significant cases; successfully representing heavily regulated companies in arbitrations; and, several internal corporate investigations involving C-Suite leaders focused on governance and corporate ethics.

Preston is also a leader in the development of national criminal justice and global compliance policy. Recently, he served as one of the “experts in corporate ethics and compliance” that DOJ consulted in announcing policy reforms in its “Further Revisions to Corporate Criminal Enforcement Policies” memo (the September 2022 “Monaco Memo”). He is a voting member of the ABA Criminal Justice Section Council, which proposes changes in the administration of criminal justice to federal and state legislatures. He is a member of the board of the NYU Program and Corporate Compliance and Enforcement, a law and research program dedicated to developing a richer and deeper understanding of the causes of corporate misconduct and the nature of effective enforcement and compliance. And, he is a member of the board of the National Legal Aid and Defender Association, the oldest and largest national, nonprofit membership organization devoted to advocating for equal justice.

Additionally, Preston is a frequently published writer and speaker on topics related to corporate compliance, whistleblower investigations, and the False Claims Act. In 2023, he was part of a small group who worked with senior DOJ leaders from around the country to create the first Charlotte E. Ray lecture at Howard University School of Law.

Career & Education

|
    • Department of Justice: United States Attorney's Office
      Northern District of Illinois: Assistant United States Attorney, 1999 — 2002
    • National Labor Relations Board
      Appellate Court Branch, 1997 — 1999
    • Department of Justice: United States Attorney's Office
      Northern District of Illinois: Assistant United States Attorney, 1999 — 2002
    • National Labor Relations Board
      Appellate Court Branch, 1997 — 1999
    • Cornell University, B.A., 1994
    • New York University School of Law, J.D., 1997
    • Cornell University, B.A., 1994
    • New York University School of Law, J.D., 1997
    • District of Columbia
    • Illinois
    • New York
    • Supreme Court of the United States
    • U.S. District Court for the Northern District of Illinois
    • U.S. Court of Appeals for the Sixth Circuit
    • U.S. Court of Appeals for the Seventh Circuit
    • District of Columbia
    • Illinois
    • New York
    • Supreme Court of the United States
    • U.S. District Court for the Northern District of Illinois
    • U.S. Court of Appeals for the Sixth Circuit
    • U.S. Court of Appeals for the Seventh Circuit
  • Professional Activities and Memberships

    • Co-Chair, Global Anti-Corruption Committee, American Bar Association
    • Co-Chair, Qui Tam Subcommittee, Criminal Justice Section, American Bar Association
    • American Bar Association's Task Force on Corporate Monitors
    • Leadership Greater Chicago, Class of 2012
    • Former Member, Character and Fitness Committee, Illinois Attorney Registration and Disciplinary Committee
    • Former Chair, Labor and Employment Committee, Chicago Bar Association

    Professional Activities and Memberships

    • Co-Chair, Global Anti-Corruption Committee, American Bar Association
    • Co-Chair, Qui Tam Subcommittee, Criminal Justice Section, American Bar Association
    • American Bar Association's Task Force on Corporate Monitors
    • Leadership Greater Chicago, Class of 2012
    • Former Member, Character and Fitness Committee, Illinois Attorney Registration and Disciplinary Committee
    • Former Chair, Labor and Employment Committee, Chicago Bar Association
Reflecting on Preston’s role in a landmark compliance monitorship, Preston was described as ‘that outsider coming in … not easy to do, but he did it well.’

— U.S. District Court in Chicago

Preston's Insights

Event

ABA Criminal Justice Section Spring Meeting

Preston Pugh will be speaking on the panel, “Current Trends and New Developments Where Criminal Issues Intersect with Civil Issues.” This panel will examine what the current trends of US Attorney offices are focusing on civil enforcement and what in-house counsel should watch for exposure for civil enforcement and criminal exposure.

Representative Matters

Whistleblower Investigations

  • Led Fortune 100 board-level investigation of misconduct alleged by an anonymous whistleblower focused on the company’s CEO and CHRO.
  • Led board-level investigation of Chief Actuary in publicly traded financial services company for alleged misconduct and violations of code of ethics.
  • Led investigation of alleged payment of kickbacks from transport companies to employees who managed large importer's supply chain operation.
  • Successfully defended a quasi-public entity in a grand jury investigation by the U.S. Attorney’s Office for the District of Columbia, focused on allegations of conflicts and bid rigging by the entity’s CEO.
  • Led a team in the investigation of the chief of police for a large county authority, focused on more than ten years of workplace allegations of harassment, bullying and discrimination. Reported to and advised executive director of the county, and also county board of directors, regarding the same.
  • Led the successful defense of a large healthcare provider in a ten-month OSHA whistleblower investigation regarding allegations of noncompliance with OSHA safety reporting standards and the provision of N-95 masks.
  • Led an investigation of collective whistleblower concerns at a large nonprofit regarding racism, noncompliance with ADA standards, favoritism and bullying.
  • Part of a team that investigated whistleblower allegations of misconduct against the executive director of a large museum.
  • Led the internal investigation of a government contractor in the technology sector with respect to whistleblower concerns about the hiring of a third party in South America.
  • Jointly led the investigation into allegations by a whistleblower regarding accounting and internal governance/compliance issues of a $5B non-U.S. headquartered company and its U.S. subsidiary, reporting results to external auditor.
  • Conducted a nine-month internal investigation of a health care medical device company regarding allegations of kickbacks, off-label marketing, and other health care compliance issues.
  • Retained by a board of directors to investigate numerous code of conduct complaints against the CEO of a large hospital, including conflicts of interest and other allegations.
  • On behalf of a large corporation, investigated the company's Deputy Chief of Human Resources for numerous alleged code of conduct breaches.
  • Investigated senior transportation executive for allegedly rigging a hiring process for pilots seeking promotion.

Government Investigations and Compliance Counseling

  • Successfully defended a large healthcare provider joint venture, facing claims by HHS-OIG of overbilling by more than $22M. After considerable discussions with OIG, the government reversed its decision and decided against pressing any claims.
  • Led team that represented former DNC Consultant/Chair of DNC Ethnic Council in foreign assistance investigation by the U.S. Senate.
  • Led a top-to-bottom risk assessment of a global manufacturer in Europe, the Middle East, Africa, U.S., and Asia Pacific covering anti-corruption, third-party due diligence, cartels, government contracts, trade controls, and the use, availability, and structure of its whistleblower reporting channels.
  • Represented the second largest hospital in Wisconsin after the tragic onsite homicide of a nurse-practitioner. Led a team to conduct an internal investigation of the homicide and hospital security protocols. Advised the hospital regarding communications and discussions with internal and external stakeholders. Represented the hospital in associated extensive OSHA investigation, which resulted in no adverse findings against the hospital.
  • Jointly led the internal investigation of an airline in an industry-wide False Claims Act (FCA) and false statements investigation by the U.S. Department of Justice (DOJ) and the U.S. Postal Service (USPS). The investigation was both domestic and global, took place over several years, and involved dozens of witnesses.
  • Defended FCA and criminal false statement allegations against a Division I university following a well-publicized 2013 dawn raid by 54 federal and state law enforcement agents. Advised university regarding crisis communications, discussions with law enforcement, internal and external stakeholders, and internal investigation of the issues. After several years, the DOJ closed the investigation with no charges filed.
  • Jointly led an independent investigation of alleged conduct by coaches on a Big Ten sports team, including highly publicized allegations by student-athletes of abuse, favoritism, and racism. Drafted public report issued to all university alumni.

Litigation

  • Part of a team that successfully represented a large MCO in arbitration of claims against a pharmacy for fraud and breach of contract, resulting in a decision in excess of $122M.
  • Defended three executives of a large Wall Street financial institution in a nationally publicized trade secrets and non-solicitation lawsuit filed by the executives’ former employer/financial institution. The case was litigated in both the Illinois Chancery Court and FINRA.
  • Defended a bank accused of widespread racial discrimination against its customers. Arbitrated the case in 2018, showed allegations had no merit, and ultimately achieved a complete victory on the merits of the case.
  • Wrote the successful argument in one of the leading FCA implied certification qui tam cases in the Seventh Circuit, U.S. ex rel. Bragg v. SCR, part of the circuit split that led to the U.S. Supreme Court's decision in Universal Health Services v. U.S. ex rel. Escobar.

Preston's Insights

Event

ABA Criminal Justice Section Spring Meeting

Preston Pugh will be speaking on the panel, “Current Trends and New Developments Where Criminal Issues Intersect with Civil Issues.” This panel will examine what the current trends of US Attorney offices are focusing on civil enforcement and what in-house counsel should watch for exposure for civil enforcement and criminal exposure.

|

Preston's Insights

Event

ABA Criminal Justice Section Spring Meeting

Preston Pugh will be speaking on the panel, “Current Trends and New Developments Where Criminal Issues Intersect with Civil Issues.” This panel will examine what the current trends of US Attorney offices are focusing on civil enforcement and what in-house counsel should watch for exposure for civil enforcement and criminal exposure.