Gregory E. Tomczak concentrates his practice in the areas of complex commercial and criminal litigation in New Jersey and New York. He has extensive trial experience, having served as lead counsel in approximately 20 jury trials, countless non-jury trials, evidentiary hearings, and appeals. Greg has represented individuals and business organizations, both domestic and international, engaged in automobile sales and service, health care, bulk liquid handling services, marine salvage and dredging, import/export, real estate development, government contracting, hotels, energy, education, solid waste collection and disposal, recycling, information services, manufacturing and distribution, accounting, as well as not-for-profit organizations, public entities, and government officials.

Criminal Defense

       Greg’s criminal experience includes representation of individuals and business organizations in connection with state and federal investigations, responding to grand jury subpoenas and inquiries from governmental and/or regulatory agencies, administrative enforcement/debarment proceedings, and criminal trials. Representative matters include:

• High-ranking government official in connection with a federal grand jury investigation relating to public finance.
• Former Governor of the State of New Jersey and Chief Counsel in connection with litigation resulting from a public appointment.
• Energy corporation and its president in connection with an investigation of alleged large scale-financial fraud, tax fraud, and violations of the prevailing wage labor laws. The investigation ended with guilty pleas being entered only by the corporation for misdemeanor offenses. No felony charges were brought against the corporation or its president.
• Civil engineering firm and its principals as witnesses in a grand jury investigation of public corruption including campaign finance fraud.
• Acute health care facility in connection with a federal investigation of health care fraud including Medicare fraud and violations of the anti-kickback laws.
• Individuals and corporations in responding to grand jury and administrative subpoenas issued by the Securities & Exchange Commission, the New Jersey Attorney General’s Office, Bureau of Securities, numerous state agencies, and the United States Department of Justice relating to a wide variety of investigations, both civil and criminal, including investigations of securities fraud, public corruption, kickbacks, health care fraud, and campaign finance fraud.
• Individuals and business organizations in publicized white collar cases, in addition to successfully resolving numerous other sensitive matters without the filing of formal charges, publicity or scandal.
• Individual federally charged with the theft and trafficking of 175 firearms taken from an international shipping company.
• Individuals federally charged with mortgage fraud, bank fraud, mail fraud and/or wire fraud.
• Individuals federally charged with the trafficking of large of amounts of narcotics.
• Individual charged as a gang leader in connection with federal criminal charges brought under the Racketeer Influenced Corrupt Organizations Act, or RICO.
  

       Greg also has experience conducting corporate internal investigations into suspected wrongdoing and evaluating potential exposure to criminal or civil liability. He has counseled corporations, their boards of directors, and board committees on issues relating to voluntary disclosures to governmental agencies and maximizing the benefits of cooperation with such agencies. Representative matters include:

• Acute health care facility in an internal investigation of fraudulent billing practices leading to a voluntary disclosure to law enforcement. The employees responsible for the fraud were successfully prosecuted based upon evidence gathered during the internal investigation.
• Prominent hospital and its Board in internal investigation of fraudulent billing practices.
• Corporate clients in sensitive internal investigations relating to a variety of criminal and civil matters.

Commercial Litigation

       Greg’s commercial litigation experience at the state and federal level includes representation of individuals and business organizations in complex commercial litigation involving partnership disputes, contract disputes, business torts, construction disputes, real estate transactions, public contract procurement, accounting liability, securities fraud, and breach of fiduciary duty. His broad range of substantive experience also allows for an integrated approach to the full range of a client's problems because criminal and government enforcement activity rarely appear in isolation; they are often accompanied by parallel civil proceedings. Representative matters include:

• President of the Stevens Institute of Technology in connection with a widely publicized civil action filed by the New Jersey Attorney General against the university, its President, and Chairman of the Board, charging financial mismanagement, excessive spending of endowment investment gains, improper handling of specific endowments and investments, failure to properly maintain records and accounts, excessive compensation of the President, and numerous breaches of fiduciary duty.
• Partnership and its General Partner in litigation brought by Limited Partners (partners with limited shares) seeking to withdraw from the Partnership that owned and operated an international hotel franchise in the Virgin Islands. The Limited Partners sought to withdraw from the Partnership based upon allegations of financial mismanagement, theft and improper diversion of assets, and various breaches of fiduciary duty by the General Partner. Prior to trial, the Limited Partners’ principal cause of action was dismissed by way of summary judgment. Greg conducted a three-day deposition of the Limited Partners’ forensic accountant which resulted in the abandonment of the Limited Partners’ claim that the General Partner diverted 9 million dollars in partnership assets. The General Partner and Partnership obtained a very favorable settlement on the day of trial.
• Acute health care facility in a multi-million dollar breach of contract lawsuit filed against a prominent New Jersey insurance carrier. The client received a very favorable settlement after obtaining summary judgment on its principal claims.
• Large marine salvage and dredging company in litigation relating to public contract procurement of multi-million dollar dredging contracts for its dredging of the New York Harbor.
• Large Certified Public Accounting firm in defense of securities fraud action filed by a private litigant based upon allegations of material misleading information set forth in the audited financial statements of an international corporation.