Marty Murphy practices in the areas of criminal defense, regulatory investigations, and high stakes civil litigation. The publications Best Lawyers in America, Chambers USA and Massachusetts SuperLawyers have recognized him as among the best in his field.
Marty has tried more than 30 cases to completion before state and federal courts and arbitration panels, and argued more than a dozen appeals before the Court of Appeals for the First Circuit, the Massachusetts Supreme Judicial Court, and the Massachusetts Appeals Court.
Marty has represented companies and individuals in the health care, securities, financial services, securities, technology, and government contracting industries. His defense of companies and individuals cuts across a broad range of industry concerns:
- Health Care: Investigations concerning pharmaceutical company sales and marketing practices, clinical trial activities, and allegations of fraud in connection with obtaining FDA approvals
- Securities: Defense of Securities and Exchange Commission, Justice Department, and state Securities Division investigations of public companies, executives, boards, audit committees, broker/dealers, investment advisers, and hedge fund managers concerning allegations of unlawful stock option practices, market manipulation, market timing, insider trading, revenue recognition, misappropriation, and analyst/investment banker conflict of interest
- Financial Services: Investigations of alleged bank fraud, bank bribery, and fraud relating to state abandoned property laws
- Government Contracting: False Claims Act investigations, and investigations of commercial bribery, public corruption, pricing misrepresentation, federal financial aid programs, payment of gratuities to federal and state officials, and procurement fraud.
- Technology: Investigations of alleged theft of trade secrets and other intellectual property, as well as attacks on computer networks
Marty also works with clients in a broad range of other investigations, including investigations at academic institutions, environmental investigations, and tax investigations. He conducts internal investigations at the request of corporate executives, boards, special committees and audit committees on subjects ranging from stock option practices to workplace hate crimes. Marty has also been called upon to represent individuals facing other serious allegations, ranging from sexual assault to capital murder.
Marty brings the perspective of a decade of experience as a federal and state prosecutor to his defense of companies and individuals. From 1987 to 1991, he served as an Assistant United States Attorney for the District of Massachusetts; from 1989 to 1991 he was Chief of that office’s Major Crimes Division. As a federal prosecutor, he investigated and prosecuted a broad range of cases, including bank fraud, mail fraud, securities fraud, tax fraud, arson, extortion and bank robbery. From 1992 to 1997, Marty served as First Assistant District Attorney for Middlesex County, Massachusetts (the state’s largest county). As the office’s chief trial lawyer, he led a staff of more than 100 prosecutors and personally tried murder, white collar and civil rights cases, among others.
After graduating from law school, Marty served as a law clerk to the late Hon. A. David Mazzone of the United States District Court for the District of Massachusetts.
In addition to his work on criminal and regulatory investigations, Marty has represented clients in high stakes civil litigation, including the following cases:
- Defended a national engineering and construction management firm in a suit by a public agency alleging financial mismanagement of a large public project
- Defended a national engineering and construction management firm in financial disputes with its joint venture partners and in suits alleging improper design and construction of large pulp and paper and power plants
- Defended an independent power producer in a suit alleging design defects in gas turbines
- Defended pharmaceutical companies in class action litigation relating to pharmaceutical pricing
- Defended newspapers and reporters in defamation, public access, and disputes concerning confidential sources
- Represented clients in legal malpractice cases, will contests and trust disputes, partnership disputes, and employment matters
Bars and Court Admissions
- Massachusetts
- U.S. District Court for the District of Massachusetts
- U.S. Court of Appeals, First Circuit
professional / civic involvement
- Appointed by the Massachusetts Supreme Judicial Court to Advisory Committee on Massachusetts Evidence Law
- Former Co-Chair of the Boston Bar Association’s Criminal Law Section
- Member of the Board of Directors of North Charles Foundation, a non-profit organization providing substance abuse and mental health treatment
SPEECHES AND CONFERENCES
- Panelist, “Off-Label Enforcement: Prosecution Theories and Potential Defenses,” Boston Bar Association Health Care Fraud Program, April 2007
- Panelist, “Don't Look Back: Stock Option Dating and Internal Investigations,” Boston Bar Association, February 2007
- Panelist, “Medicare Part D, Off-Label Promotion, and the False Claims Act,” American Conference Institute Pharmaceutical and Medical Device Program on Off-Label Communications, New York, April 2006
- Program Chair, “White Collar Crime 2006,” Boston Bar Association, February 2006
- Panelist, “Challenging the Admissibility of Testimony of Expert Witnesses in Criminal Cases,” MCLE, June 2003
- Panelist, “Recurring Issues in Joint Defense Agreements,” Boston Bar Association, February 2003
- “Stopping Bank Fraud Before It Starts,” presentation to Citizens Bank Senior Loan Officers, January 2003
- Panelist, “Forensic Accounting and Fraud,” Turnaround Management Association and Risk Management Association (New England Chapter), December 2002
- Panelist (and demonstration of cross-examination of DNA Expert Dr. Robin Cotton), “Cross-Examination of Scientific Experts,” Cambridge Healthtech Institute Annual Meeting, Washington, D.C., August 2002
- Panelist, “Criminal Law Top Guns - Trying the Perfect Case: What Makes Great Trial Lawyers Great,” Boston Bar Association, April 2002
- Program Chair and Moderator, “Top Guns: Veteran Criminal Trial Lawyers Tell their Secrets,” Boston Bar Association, March 2001
- Program Chair and Moderator, “When Worlds Collide: Civil and Criminal Enforcement of Securities Laws,” Boston Bar Association, April 2000
- Program Chair and Moderator, “The New Massachusetts Rules of Professional Conduct,” Boston Bar Association, February 1998
- Panelist, “Jury Selection in State & Federal Criminal Cases,” Boston Bar Association, February 1997
- Panelist, “The Cutting Edge: The Ten Most Important Criminal Law Changes of 1996,” Boston Bar Association, January 1997
publications
- Peering Behind the Curtain: Government Requests for Privilege Waivers in Criminal Investigations, BOSTON BAR JOURNAL (November/December 2004)
- Pre-Arraignment Issues, TRYING MURDER AND OTHER HOMICIDE CASES IN MASSACHUSETTS, MCLE (2004)
- Co-author, The Fourth Amendment in the Digital Age: Some Basics on Computer Searches, BOSTON BAR JOURNAL (May/June 2003), reprinted in THE COMPUTER AND INTERNET LAWYER (October 2003)
- Sharing Secrets: Thinking About Joint Defense Agreements, BOSTON BAR JOURNAL (September/October 2002)
- Individual Voir Dire in Criminal Trials: Where is the SJC Headed? BOSTON BAR JOURNAL (March/April 1998)
- No Room at the Inn? Punishing White-Collar Criminals, BOSTON BAR JOURNAL (May/June 1996)
- The ‘No-Contact’ Rule and the Sixth Amendment: A Dilemma for the Ethical Prosecutor, BOSTON BAR JOURNAL (March/April 1994)
- Co-author, The ‘Fresh-Complaint’ Rule: Alive and Well After All, BOSTON BAR JOURNAL (September/October 1992)
- When Bad Things Happen to Good Companies: Responding to Allegations of Criminal Activity Under the Organizational Guidelines, FEDERAL CORPORATE SENTENCING GUIDELINES, Boston Bar Foundation (1992)
- Co-author, Developments in Criminal Law: Changing Face of Rape Prosecutions, BOSTON BAR JOURNAL (May/June 1992)