Miami, FL: (305) 400-4260

Ft. Lauderdale, FL: (954) 462-1200

Premier White Collar Litigation Boutique

Partner : Jeffrey E. Marcus

Jeffrey E. Marcus Partner

Jeff Marcus is a highly regarded and experienced trial lawyer and former federal prosecutor whose practice focuses on white collar criminal defense, government enforcement actions, complex business litigation, health care and qui tam litigation and corporate internal investigations. Mr. Marcus regularly represents individuals and corporations of all sizes in inquiries brought by agencies such as the Department of Justice, the Department of Health and Human Services, the Securities and Exchange Commission and local United States Attorney’s Offices and State Attorneys General’s offices. Quite often, these matters involve simultaneous multi-jurisdictional criminal, civil, and administrative proceedings in various states. For example, Mr. Marcus successfully has defended clients in federal investigations conducted in Florida, California, Colorado, Massachusetts, New York and Pennsylvania.

Mr. Marcus has extensive experience representing clients in high profile white collar cases in a variety of subject areas, including but not limited to, health care and pharmaceuticals, securities, antitrust, bankruptcy, bribery and gratuities, civil and criminal RICO, commodities trading, defense procurement, environmental, export controls, financial services, foreign corrupt practices, government contracting, hedge fund management, insider trading, mail and wire fraud, money laundering, mortgage lending and servicing, public corruption and tax. Mr. Marcus also has a niche specialty representing individuals and corporations in federal and state qui tam investigations and litigation involving the False Claim Act, Anti-Kickback Statute and FDA-related matters. Based on his expertise, Mr. Marcus frequently is retained by publically-traded and private companies to conduct internal corporate investigations and regulatory compliance reviews and to devise strategies to avoid or minimize criminal prosecution and civil liability.

Mr. Marcus has been recognized by a wide range of peer groups and publications for his white collar litigation prowess, including Best Lawyers of America, Chambers USA and Super Lawyers. Chambers USA describes Mr. Marcus as “very smart” “with a keen eye for understanding the dynamics and strategy of a case,” observing that peers praise him for his “thorough and conscientious approach.”

Prior to becoming a Founding Member of Marcus Neiman & Rashbaum LLP, Mr. Marcus was a shareholder at Kenny Nachwalter P.A. where he headed the firm’s White Collar Practice. Before joining private practice, Mr. Marcus was a federal prosecutor in the Southern District of Florida’s Criminal Division where he successfully tried more than 25 cases to verdict and never lost a case as lead counsel. As a prosecutor, Jeff specialized in economic crimes, with an emphasis on healthcare and pharmaceuticals, and led numerous investigations involving health care providers, insurers, managed care providers, and manufacturers and distributors of medical devices, durable medical equipment and pharmaceuticals. Many of these criminal probes worked in tandem with parallel civil False Claims Act investigations initiated by qui tam whistleblowers. Prior to joining the government, Mr. Marcus was in private practice in Boston, Massachusetts where he specialized in white collar criminal defense and complex business
litigation. During that time, Mr. Marcus successfully represented a regional sales and marketing manager of a leading pharmaceutical corporation in a four-month federal criminal trial in which his client was acquitted of all charges of providing physicians and hospitals with unlawful kickbacks (U.S. v. Mackenzie et al.).

Raised in Miami, Florida, Mr. Marcus earned his B.A., magna cum laude and Phi Beta Kappa from Yale University and his J.D. from Yale Law School. After law school, Mr. Marcus clerked for the Honorable Stanley Marcus of the United States Court of Appeals for the Eleventh Circuit (no relation) and the Honorable Donald M. Middlebrooks of the United States District Court for the Southern District of Florida.

Mr. Marcus also has taught constitutional criminal procedure and legal writing and research at the University of Miami and has been a frequent national lecturer on federal criminal, healthcare and qui tam topics.

Jeffrey E. Marcus recent representations include:

  • Representation of one of the nation’s leading ocular oncologists and retinal surgeons in connection with a Federal Grand Jury investigation.
  • Representation of one of the nation’s largest affordable housing developers in connection with a federal grand jury investigation in the Southern District of Florida related to housing developments financed in part by the federal Low Income Housing Tax Credit program (“LIHTC”)
  • Representation of the chief executive officer of an international bank based in Miami in investigation by the Securities & Exchange Commission into alleged securities violations.
  • Representation of international military contractors in a federal criminal investigation related to the alleged payment of bribes and kickbacks to foreign government officials in violation of the FCPA
  • Representation of one of the nation’s largest affordable housing developers in connection with a federal grand jury investigation in the Southern District of Florida related to housing developments financed in part by the federal Low Income Housing Tax Credit program (“LIHTC”)
  • Representation of one of the nation’s leading ocular oncologists and retinal surgeons in connection with a Federal Grand Jury investigation.
  • Representation of a hedge fund executive in an SEC enforcement action related to alleged registration and offering violations of securities laws
  • Representation of several senior executives of a national hospital corporation in connection with an investigation by the Department of Justice and the Department of Health & Human Services into alleged violations of the Anti-Kickback Statute and Stark Law.
  • Internal investigation on behalf of sports franchise regarding pharmaceutical issues.
  • Representation of one of the nation’s largest affordable housing developers in connection with a federal grand jury investigation in the Southern District of Florida related to housing developments financed in part by the federal Low Income Housing Tax Credit program (“LIHTC”)
  • Representation of several senior executives of a national hospital corporation in connection with an investigation by the Department of Justice and the Department of Health & Human Services into alleged violations of the Anti-Kickback Statute and Stark Law.
  • Representation of a district sales and marketing manager of a major pharmaceutical company in a False Claims Act investigation into alleged violations of the Anti-Kickback Statute through the use of educational grants and other financial inducements to hospitals and medical providers.
  • Representation of a large foreign national bank in a state civil conspiracy and theft case involving the obtainment of preliminary injunctive relief and final judgment for more than $40 million dollars of real estate assets.
  • Representation of a plaintiff medical supply corporation in a federal trade secret theft and civil conspiracy case against a large managed healthcare provider.
  • Representation of a hedge fund and its principals in a state court action alleging defamation, civil conspiracy and various business torts.

Education

  • Yale Law School, J.D.
  • Yale University, B.A.,
  • magna cum laude & Phi Beta Kappa

Admissions

  • Florida
  • Massachusetts
  • U.S. Southern District of Florida
  • U.S. Middle District of Florida
  • U.S. Court of Appeals for the Eleventh Circuit

Awards & Recognitions

  • Chambers & Partners
  • Best Lawyers in America
  • South Florida's Top Rated Lawyers
  • Super Lawyers