Thomas Calcagni

Practice Areas

Criminal & Regulatory Defense

Internal Investigations & Legal Compliance

Healthcare Law & Licensing

Litigation

Employment Litigation & Counseling

Consumer Law & Litigation

Antitrust & Competition Investigations

Outside General Counsel

Career

Tom, a Senior Partner and co-founder of Calcagni & Kanefsky, is a seasoned trial lawyer who draws upon his substantial experience as both a federal prosecutor and top official within the New Jersey Attorney General’s Office. His practice is representing corporations and individuals in high-stakes government enforcement actions and internal investigations.

Tom represents companies, boards of directors, executives, and licensed professionals in a broad range of sensitive matters brought by federal and state law enforcement and licensing agencies – including the U.S. Attorney’s Office, the U.S. Department of Justice, the Offices of States Attorneys General, and state healthcare and professional licensing boards. He regularly provides strategic counseling on internal investigations and corporate compliance. He has handled matters for professionals and both public and private companies across industries and sectors – including healthcare, life sciences, professional sports, financial services, banking, cryptocurrency, social media, entertainment and leisure, gaming, real estate, insurance, aerospace and defense, education, luxury goods, automotive, and direct-to-consumer sales.

Tom serves as outside general, litigation, and compliance counsel for companies and government entities. He is also appointed by courts and regulators to serve as a third-party, independent compliance monitor.

Tom is ranked by Chambers & Partners among the top practitioners for white-collar litigation and government investigations, with sources describing him as “smart,” “well connected,” “a great communicator with a sharp legal mind,” and “very well regarded [with] a ton of experience.” Clients describe him as “composed, strategic, and vigilant,” with “an unparalleled personal investment in his client that goes beyond the attorney-client relationship.” As one client put it, “Tom was always one step ahead and always cared about what’s right.”

Professional Memberships

Since co-founding CK, Tom remains a dedicated supporter of organizations that work with those affected by substance abuse. He served for many years on the Executive Committee of the Board of Directors for Daytop New Jersey and The Overdose Prevention Agency Corporation. He currently serves on the Board of Trustees for the Partnership for a Drug-Free New Jersey.

Tom is also a member of the Board of Directors for New Jersey Reentry, which provides reentry services for formerly incarcerated people and those otherwise involved in the criminal justice system.

Tom is a former member of the Governor’s Council on Alcoholism and Drug Abuse, Task Force on Heroin and Other Opiate Use by New Jersey’s Youth and Young Adults. Tom also served on the Governor’s Advisory Ethics Panel.

Work Highlights

-Successfully defended Fortune 50 global telecommunications company in a consumer fraud investigation by the New Jersey Attorney General and Division of Consumer Affairs. Investigation closed with no further enforcement action.

-Successfully defended the Chief Medical Officer of a large New York healthcare network in a federal kickback investigation conducted by the FBI, HHS, and U.S. Attorney’s Office. Investigation closed with no further enforcement action.

-Successfully defended a Fortune 500 multinational medical device and pharmaceutical manufacturer in a consumer fraud investigation conducted by the New Jersey Attorney General and Division of Consumer Affairs, resulting in a favorable civil settlement.

-Successfully represented Fortune 20 company executive in corporate investigation for misappropriation and conversion of company funds. Investigation closed with no discipline or criminal referral.

-Successfully obtained the complete dismissal of criminal assault charges for Major League Baseball player.

-Successfully defended former union president in embezzlement prosecution brought by the U.S. Attorney’s Office, resulting in pretrial diversion and dismissal of all charges.

-Successfully obtained dismissal of all criminal charges against prominent physician accused of inappropriate patient contact.

-Successfully obtained dismissal of criminal drug possession charges against celebrity recording artist.

-Successfully obtained dismissal of all criminal charges against a prominent orthopedist in a multi-million dollar kickback prosecution conducted by the New Jersey Attorney General and Insurance Fraud Prosecutor.

-Represented senior executive of a large regional healthcare network in bid-rigging investigation by the Department of Justice – Antitrust Division into the procurement and implementation of the network’s electronic health records system.

-Achieved favorable disposition for Senior Vice President of a multi-national seafood conglomerate in expansive Sherman Act prosecution by the Department of Justice – Antitrust Division concerning widespread price fixing in the packaged seafood industry.

-Represented employees of a multinational generic-drug manufacturer under investigation by the U.S. Department of Justice – Antitrust Division for price collusion.

-Successfully defended employees of a pharmacy in a federal fraud investigation conducted by the FBI and U.S. Attorney’s Office, resulting in the non-prosecution of all clients.

-Successfully defended multiple employees of a prominent construction company in a criminal fraud investigation and prosecution by the New Jersey Attorney General involving prevailing wage violations, resulting in the non-prosecution of all clients.

-Defended the former Chief Executive Officer of a fragrance company against federal trade-based money laundering charges by the U.S. Attorney’s Office arising from international commerce, resulting in a favorable disposition that included the dismissal of the most-serious charges.

-Representing prominent current and former public officials in numerous, sensitive investigations and prosecutions conducted by U.S. Attorney’s Office’s Special Prosecutions Division and New Jersey Attorney General’s Office of Public Integrity & Accountability.

-Defended multiple physicians in a sprawling investigation and prosecution by the FBI and U.S. Attorney’s Office, Healthcare Fraud Unit, for violations of the federal Anti-Kickback Statute.

-Defended a former Department of Defense contract specialist in connection with bribery and kickback charges brought by the U.S. Department of Defense – Criminal Investigative Services and the U.S. Attorney’s Office.

-Represented crew members of international shipping companies in investigations and prosecutions by the EPA, United States Coast Guard, and U.S. Department of Justice, Environmental Crimes Section, for violations of the Act to Prevent Pollution from Ships.

-Defended a key employee of a global commodity trader in a $520M fraud prosecution by the FBI and U.S. Attorney’s Office, Southern District of New York, resulting in a noncustodial sentence.

-Defended a construction company and its senior executives in a U.S. Department of Transportation and U.S. Attorney’s Office investigation into minority- and women- owned business enterprise fraud, resulting in the non-prosecution of all clients.

-Represented an employee of an airline parts manufacturer in a U.S. Department of Transportation and U.S. Attorney’s Office fraud investigation.

-Represented a witness in the U.S. Attorney’s Office, Southern District of New York, investigation and prosecution of the Majority Leader of the New York State Senate.

-Defended a Greek national in a U.S. Attorney’s Office, Southern District of New York, prosecution for securities fraud and money laundering involving cryptocurrency and sale of insider information on the dark web. The client was sentenced to time served and permitted to return to Greece.

-Defended professional securities licensee in prosecution by the Securities Exchange Commission alleging net-capital violations.

-Successfully represented a private university in securing necessary approval from the New Jersey Division of Consumer Affairs and State Board of Medical Examiners to open the State’s first private medical school.

-Successfully represented a not-for-profit private healthcare conglomerate operating hospitals and healthcare facilities throughout New Jersey and New York in securing necessary licensing from the NJ Division of Consumer Affairs and State Board of Pharmacy.

-Successfully defended practicing dentist and prominent medical school educator against patient-care allegations before the New Jersey Division of Consumer Affairs and State Board of Dentistry. Investigation closed with no further enforcement action.

-Successfully defended registered nurse before the New Jersey Division of Consumer Affairs and State Board of Nursing against patient-care allegations. Investigation closed with no further enforcement action.

-Successfully resolved various patient-care allegations prosecuted by the New Jersey Division of Consumer Affairs and State Board of Medical Examiners against prominent physician. Investigation closed with no further enforcement action.

-Represented social worker in successfully obtaining licensure from the New Jersey Division of Consumer Affairs and State Board of Social Work Examiners.

-Representing multiple dental practices in investigations by the New Jersey Division of Consumer Affairs and State Board of Dentistry for licensing and billing irregularities.

-Representing multiple medical providers in reimbursement disputes involving private insurance carriers and Medicare, including defending providers in payment audits and overpayment litigation.

-Discretely lead major, multi-year internal investigation for a Fortune 500 global commercial real estate company facing federal and state scrutiny and potential billion-dollar exposure for false claims. Successfully navigated matter and avoided liability for the company and its employees. Worked closely with in-house counsel on developing and implementing a comprehensive compliance program.

-Appointed by the Superior Court of New Jersey to serve as third-party compliance monitor over healthcare institution facing criminal charges of patient abuse and neglect. Ensured the institution’s successful implementation of a comprehensive compliance program resulting in the dismissal of the matter.

-Discretely conducted multiple internal investigations for companies and government entities faced with allegations of bribery, false claims, breaches of fiduciary duty, theft, and fraud.

Coordinated the development and implementation of a comprehensive anti-money laundering and anti-bribery and corruption (FCPA) compliance program.

-Developed and implemented comprehensive compliance programs for multiple healthcare entities with sensitivity to federal and state anti-bribery and industry-governing statutes and regulations.

Education