Mary E. Carpenito

Bar Admissions

• New Jersey, 2018
• New York, 2006
• U.S. District Court for the District of New Jersey, 2019
• U.S. District Court for the Southern District of New York, 2021
• U.S. Court of Appeals, District of Columbia Circuit, 2008
• U.S. Court of Appeals, First Circuit, 2007

Representative Matters

• In one of the earliest federal cryptocurrency prosecutions, represented a CPA in a matter arising from a $722 million fraudulent cryptocurrency scheme and alleged tax avoidance of approximately $20 million. Secured a favorable plea agreement before the U.S. District Court for the District of Nevada that received national media attention and was highlighted at the American Bar Association’s annual Criminal Tax Seminar.
• Representing an insurance corporation in connection with a qui tam action alleging violations of federal and state False Claims Acts and New Jersey’s Abandoned Property Act, including coordination with the New Jersey Attorney General’s Office.
• Successfully defended a company operating a post-acute network of skilled nursing and assisted living facilities in federal court, securing an order to dismiss a complaint alleging $10 million in damages for a range of due process and emotional distress claims.
• Represented an individual defendant in a complex civil action in federal court involving allegations of identity theft, wire and mail fraud, and related RICO claims. The firm successfully challenged the claims, several of which were dismissed with prejudice with others dismissed without prejudice.
• Representing an individual under federal investigation for alleged wire fraud, money laundering, honest services fraud, and tax evasion involving business entities and a multinational corporate customer. The matter involves alleged exposure of approximately $13.4 million and has required extensive grand jury subpoenas and large-scale document productions.
• Representing an employee of a company under investigation for alleged bid-rigging and public corruption in connection with contracts to supply commissary goods to New York City correctional facilities, in a $30 million multi-district federal investigation.
• Represented a privately held surety bond provider in a federal and state False Claims Act and Abandoned Property Act investigation, resolving alleged multi-million-dollar exposure through settlement.
• Representing a defendant charged in a superseding indictment in the U.S. District Court for the Eastern District of New York alleging conspiracy, honest services fraud, and federal program bribery, arising from claims that the client’s business was used as a pass-through entity in connection with improper billing by nonprofit employees. This matter has received significant media coverage.
• Representing a witness and subject of a federal investigation arising from alleged misconduct in connection with the Newark lead service line replacement program, a matter involving approximately $10.2 million and significant public scrutiny.
• Represented a global investment bank in a FINRA arbitration against a leading global wealth management firm concerning alleged solicitation of clients and misuse of proprietary information by former employees. Achieved a favorable settlement following mediation in a matter involving $55 million in claimed damages after the firm replaced national counsel in this matter.
• Representing a defendant in a mail and wire fraud investigation involving allegations of $9 million in improper business practices.
• Successfully defended a client in an arbitration hearing against allegations of legal malpractice, resulting in all claims being dismissed and no award being issued.
• Co-defended a former employee of Seton Hall University School of Law in a state criminal matter arising from alleged embezzlement of school funds, successfully negotiating a plea agreement with New Jersey state prosecutors.
• Represented the owner of a Newark-based drum recycling business accused of conspiring to defraud a Maryland company through alleged false invoicing, successfully negotiating a plea agreement resulting in no incarceration.
• Represented a U.S. Air Marshal in a federal criminal matter arising from an investigation into the unauthorized sale of items bearing the insignia of the U.S. Department of Homeland Security and related false statement allegations. The matter involved proceedings in the U.S. District Courts for the Eastern District of Kentucky and the Eastern District of New York and resulted in a probationary sentence.
• Represented a physician charged with conspiracy to commit healthcare fraud involving fraudulent billing for medically unnecessary compound medications submitted to New Jersey state and local health benefits programs and private insurers.
• Represented a CPA charged with conspiracy to defraud the IRS and aiding in the filing of a false tax return, negotiating a plea agreement with the U.S. Attorney’s Office.
• Advised a healthcare company and its principals on regulatory and criminal compliance issues, including Anti-Kickback Statute considerations, in connection with the launch of a competing healthcare business following the departure of an executive from a prior employer.
•  Representing a former board member of a cannabis company in a False Claims Act investigation concerning statements made in connection with PPP loan applications and forgiveness submissions, in a matter involving approximately $1 million in alleged exposure.
• Representing a physician in an ongoing investigation by the U.S. Attorney’s Office for the Eastern District of New York concerning alleged Medicaid fraud related to billing for non-medically necessary testing.
• Representing a New Jersey franchisee in an investigation by the U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section concerning alleged I-9 and E-Verify compliance violations, after replacing prior counsel and assisting with defense strategy.
• Represented a business owner under investigation for alleged money laundering and operation of an unlicensed financial services business, including representation during a proffer session. To date, no charges have been filed, and the statute of limitations is nearing expiration.
• Represented a global data and analytics company in complex commercial litigation involving contract disputes and counterclaims following a corporate acquisition, defeating a motion to disqualify and a motion to dismiss before achieving a favorable settlement.

Memberships

• Essex County Bar Association: President-Elect (2026-2027), Vice President (2025-2026), Treasurer, Secretary; Criminal Bench Bar Committee; Criminal Law Committee; former Trustee
• Association of the Federal Bar of New Jersey: Trustee; Vice-Chair, Outreach Committee; ReEntry Committee; Barry Scholarship Committee
• New Jersey State Bar Association: Federal Practice and Procedure Section
• New Jersey Women Lawyers Association
• Association of Criminal Defense Lawyers of New Jersey
• Women's White Collar Defense Association, New Jersey Chapter
• Daniel Anderl Judicial Protection Project; Secretary

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