Jonathan L. Kotlier is chair of the Government Investigations and White Collar Crime practice group. Jonathan joined the firm in 2004 from the U.S. Attorney’s Office where, for eight of his twelve years, he was Chief of the Economic Crimes Unit.
Since joining Nutter, Jonathan has represented several corporations and individuals in white collar criminal and complex civil cases and investigations involving alleged securities fraud, health care fraud, Foreign Corrupt Practices Act violations, environmental crimes, government contracting fraud, and False Claims Act violations. Much of his work has been in the area of defending securities related actions involving accounting fraud issues. He has also conducted internal investigations on behalf of corporations and special litigation committees. He frequently represents individuals and corporations before the Securities and Exchange Commission, FINRA, and the Massachusetts Securities Division.
Jonathan has an outstanding track record of persuading investigative and prosecutive agencies not to bring actions against his clients. Recently, he convinced the SEC not to bring insider trading claims against a client. Similarly, Jonathan successfully argued to a U.S. Attorney's Office that it should not bring a criminal False Claims Act case against a surgeon he represented. Please see "Representative Experience" for more detail.
Jonathan has a long and successful history as a trial attorney. While at the U.S. Attorney’s Office, he gained extensive experience prosecuting sophisticated white collar criminal cases involving securities and investor fraud, computer crimes and intellectual property and environmental crimes. He has tried to verdict over 20 jury trials.
As chief of the Economic Crimes Unit, he worked closely with the Securities and Exchange Commission and the Massachusetts Division of Securities to develop many successful securities fraud prosecutions. He prosecuted, and supervised the prosecution of, numerous securities fraud cases involving accounting fraud, FCPA violations, market manipulation, investment advisor fraud, and insider trading. He served on the Securities and Commodities Fraud Working Group of the Department of Justice.
Jonathan is a past co-chair of the Criminal Justice Section of the Boston Bar Association. As a member of that section, Jonathan moderated several seminar panels on securities fraud topics, including the new SEC cooperation initiative in April 2010. Jonathan is also a member of the Governor's Judicial Nominating Commission.
Recently, he was appointed by the Massachusetts Supreme Judicial Court as special counsel to investigate allegations of improprieties within the judicial system.