Tom Calcagni
Prior Experience

Before co-founding CK, Tom was the First Assistant Attorney General for New Jersey, the State’s second highest-ranking prosecutor. He previously served for two years as New Jersey’s Director of the State Division of Consumer Affairs and for nine years as a federal prosecutor.

As New Jersey’s First Assistant Attorney General, Tom managed large-scale criminal and civil investigations and prosecutions for the 8,000-employee Department of Law and Public Safety, at times serving as New Jersey’s Acting Attorney General.

Overseeing the New Jersey State Police, the State Office of Insurance Fraud Prosecutor, and New Jersey’s Divisions of Criminal Justice and Consumer Affairs, Tom directed hundreds of matters involving corruption, bribery, financial fraud, healthcare fraud, securities fraud, and consumer protection violations.

Prior to his appointment as First Assistant Attorney General, Tom was appointed by the Governor and confirmed by the Senate to serve as New Jersey’s Director of the State Division of Consumer Affairs. In that post, Tom led a staff of 600 in the investigation and prosecution of both civil and regulatory securities and healthcare matters, among other financial frauds and consumer law violations. During his service, the work of the agency received acclaim from lawmakers and media outlets for its effective regulation of thousands of businesses and professionals, and its proactive enforcement of the State’s Consumer Fraud Act.

As an Assistant United States Attorney, Tom served in the Civil, Criminal, and Special Prosecutions Divisions of the U.S. Attorney’s Office for the District of New Jersey where he investigated and successfully tried high-profile matters involving false claims, fraud, and public corruption. Tom also served as the Environmental Crimes Coordinator for the District of New Jersey, working closely with the Environmental Protection Agency, the United States Coast Guard, and the Environmental Crimes Section of the Department of Justice in investigating and prosecuting violations of the Act to Prevent Pollution from Ships, Clean Air Act, Clean Water Act, and other federal environmental laws.

Before joining the U.S. Attorney’s Office, Tom practiced as a litigator with a prominent litigation firm, representing both corporate and individual clients in all aspects of criminal and civil litigation.

Tom served as a judicial clerk for United States District Judge Katharine S. Hayden in the District of New Jersey, and for Appellate Judge Donald S. Coburn in the Superior Court of New Jersey, Appellate Division.

REPRESENTATIVE MATTERS

Criminal and Regulatory Defense

  • 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.
  • Represented prominent French national before the U.S. Department of State regarding allegations of sexual assault. Successfully resolved matter resulting in issuance of U.S. travel visa and unrestricted travel.
  • 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 weapons charges against a New York City celebrity restaurateur.
  • 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 multiple employees of a specialty 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.
  • Represented the Chief Executive Officer, other senior executives, and board members of a banking institution in a federal fraud investigation conducted by the FBI, FDIC, and U.S. Attorney’s Office, resulting in the non-prosecution of all clients.
  • 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.
  • Successfully defended an employee of a national environmental testing laboratory in a false claims investigation conducted by the New Jersey Attorney General, resulting in the non-prosecution of the client.
  • Representing prominent New Jersey restaurateur in expansive IRS and U.S. Attorney’s Office tax investigation.
  • 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.
  • Represented a former senior executive of a supplemental education services provider in a tax fraud prosecution by the U.S. Attorney’s Office.

Healthcare Law and Licensing

  • 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 New Jersey 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.
  • Secured the re-licensing of a physician whose license was previously revoked by the New Jersey Division of Consumer Affairs and State Board of Medical Examiners for indiscriminate prescribing.
  • 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.

Internal Investigations and Legal Compliance

  • 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.
  • Serve as outside compliance counsel for international luxury watchmaker and associated companies in New York and Geneva. 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.

Outside General Counsel

  • Outside general and compliance counsel to an international luxury watch and jewelry manufacturer with stores and affiliates throughout the world.
  • Outside general and litigation counsel for a major, national helicopter tour and aerial production company.
  • Outside general, compliance, and litigation counsel for large, private-equity backed family of multi-disciplinary pediatric primary care practices with locations throughout New Jersey and Pennsylvania.
  • Outside general counsel to a direct-to-consumer retailer of high-end sportswear with stores throughout New York and New Jersey.
LEADERSHIP & RECOGNITION

During his federal service, Tom received many commendations, awards, and letters of appreciation from the Department of Justice, FBI, IRS, and other federal and state agencies for excellence in investigative and trial work. The United States Attorney General appointed Tom to serve on the 9/11 Victims Compensation Fund, where he presided over personal injury hearings and determined compensation awards for 9/11 victims and their families.

As a senior official within the New Jersey Office of the Attorney General, Tom launched and led the Department of Law and Public Safety’s efforts to combat prescription drug abuse and diversion – including Project Medicine Drop, the State’s 365-day prescription drug take-back initiative, and the New Jersey Prescription Monitoring Program. Tom also devised and directed the State’s efforts outlawing dangerous designer drugs.

Since co-founding CK, Tom remains a dedicated advocate for the community and volunteers with 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.

As an Adjunct Professor at Seton Hall University School of Law for many years, Tom has taught Appellate Advocacy to second- and third-year law students.

Tom also supports the arts and serves as a Member of the Board of Directors for Royal Family Productions, Inc., a New York City-based non-profit theatre committed to producing innovative theatre and providing quality theatre education to diverse communities and the underserved.