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For more than a decade, Abigail A. Clapp has defended individuals, publicly traded companies, and closely held corporations in white collar criminal matters, government investigations and highly sensitive corporate internal investigations. Abby routinely has matters before the Department of Justice, SEC, IRS, and various Attorneys General and state regulatory bodies.

Concentrations

  • White collar criminal litigation
  • Corporate internal investigations and compliance
  • Foreign Corrupt Practices Act
  • Representation of individuals and corporations in grand jury investigations
  • Medicare fraud, Medicaid fraud, and Anti-Kickback Act

Capabilities

Experience

  • Representing Fortune 10 company in global anti-corruption investigation, with primary emphasis on operations throughout China.
  • Representing one of the largest privately-held companies in the U.S. in investigation by multiple state Attorneys General regarding violations of Anti-Kickback Act and pricing fraud.
  • Defending privately-held home health agencies in investigation alleging violations of Anti-Kickback Act in connection with mobile health referral scheme.
  • Defending manufacturing company against allegations of failure to report taxable income from product sales.
  • Representing privately-held nursing home holding company in investigation alleging fraudulent Medicare coding.
  • Representing senior executive in DOJ and EPA investigation relating to allegations of fraudulent misrepresentation of environmental testing results.
  • Defending former President & CEO of U.S.-based agricultural company against allegations of knowingly accepting mis-labeled goods in scheme to circumvent federal tax laws.
  • Defended senior manager of large pharmaceutical maker against alleged violations of Anti-Kickback Act; resulted in declination of prosecution.
  • Defended international binary options trading firm against allegations of civil wrongdoing, including non-registration, by the Securities Division of the Indiana Attorney General’s Office; resulted in settlement and no criminal charges.
  • Defended California-based ticket broker in large-scale antitrust investigation into possible federal criminal violations, including bid-rigging, relating to the purchase of tickets from NFL teams; resulted in a declination letter from DOJ Antitrust Division.
  • Conducted a large-scale internal investigation into Medicare fraud and employee misconduct for a privately held home health care company; resulted in settlement and no criminal charges.
  • Defended a Sundance award-winning director and screenwriter charged with attempted extortion; resulted in a year-and-a-day sentence. U.S. v. James, No. 09 CR 596 (N.D. Ill. 2010)
  • Defended an Indiana-based pharmacist charged with unlawful distribution of narcotics; resulted in a sentence of probation.
  • Defended a product development executive for a large publicly traded company charged with criminal theft of trade secrets. As detailed in Law360, resulted in a 15-month sentence, notwithstanding the Government’s request for a sentence of 57 months. U.S. v. Lee, No. 09 CR 290 (N.D. Ill. 2009)
  • Defended an Illinois-based psychotherapist in an investigative inquiry before the Illinois Department of Financial and Professional Regulation; resulted in a “no action” letter and closure of the investigation.
  • Defended an Indiana-based physician in criminal, regulatory and licensing inquiries relating to prescription drug fraud.
  • Defended companies and senior executives in grand jury investigations into bribery of government purchasing agents, fraudulent inflation of circulation numbers and failure to disclose taxable offshore accounts.
  • Represented Fortune 10 company in suit for damages alleging catastrophic injuries at a construction site.
  • Represented major financial institution in a suit alleging multistate conspiracy relating to the theft of more than $110 million in trust funds.
  • Represented Fortune 500 engineering firm in a case alleging catastrophic injuries sustained by ironworkers trapped inside a collapsed rebar cage on an Illinois highway project.
  • Represented employee in defeating her former employer’s motion for preliminary injunction alleging trade secret misappropriation and breach of fiduciary duty.

Recognition & Leadership

  • Listed, Leading Lawyers Network, 2018-2024
  • Founding Member & Committee Chair, Indiana University Law Society of Chicago
  • Member, American Bar Association
    • Section on Criminal Justice
    • White Collar Crime Committee
  • Member, Illinois State Bar Association
    • Section on Civil Practice and Procedure
  • Member, 7th Circuit Bar Association
  • Member, The Chicago Inn of Court
  • Former Member, Indiana University Alumni Board, 2010-2016

Credentials

Education
  • J.D., cum laude, Indiana University Maurer School of Law
  • B.A., Indiana University Bloomington
Clerkships
  • U.S. District Court for the Northern District of Indiana, 2004
  • U.S. District Court for the Northern District of Indiana, 1999-2001
Admissions
  • Illinois
  • Indiana

Related Capabilities

Litigation White Collar Defense & Investigations Regulatory & Compliance Gaming