Demme Doufekias is a partner in Morrison & Foerster’s Washington, D.C. office. She is deputy chair of the firm’s Securities Litigation, Enforcement, and White-Collar Criminal Defense Practice Group and a member of the Health Care Fraud Practice Group. Ms. Doufekias regularly represents corporations and individuals in complex criminal and civil investigations, from the initial steps of internal inquiries, through the simultaneous defense of criminal investigations, administrative proceedings, and civil litigation. She counsels clients on compliance matters; conducts internal investigations; and assists with due diligence for acquisitions, joint ventures, and other transactions. Ms. Doufekias has also successfully represented clients in federal and state trials.
Ms. Doufekias has significant experience defending pharmaceutical, biotechnology and medical device companies and their officers, directors and other executives in federal health care investigations conducted by the U.S. Department of Justice, the U.S. Department of Health and Human Services and the Food and Drug Administration. Her clients have faced investigations in numerous areas, including “off-label” promotion of drugs and devices and other marketing practices, compliance with the federal Anti-Kickback statute and other disclosure laws and good manufacturing practices. She has experience representing clients in prosecutions using the “responsible corporate officer” doctrine, which allows the prosecution of executives for failing to prevent violations of the Food, Drug, and Cosmetic Act. She also advises clients on compliance matters related to the Physician Payments Sunshine Act, as well as other aspects of their relationships with physicians and surrogates.
In addition to her health care practice, Ms. Doufekias advises clients on other criminal and enforcement matters, including the Foreign Corrupt Practices Act. She has represented clients in cross-border investigations and assisted clients in creating global anti-corruption compliance programs and with anti-corruption due diligence matters.
Prior to attending law school, Ms. Doufekias worked in the White House Counsel’s Office during the Clinton administration, where she worked on various investigations by the Office of Independent Counsel, including Whitewater, campaign finance, presidential impeachment and the activities of various Cabinet members. She is admitted to practice in Virginia and the District of Columbia.
- Represents former officer of global pharmaceutical and medical device manufacturer in health care fraud investigation related to GMP violations.
- Represents global technology company on various FCPA matters in multiple emerging markets.
- Represents government contractor specializing in technologies for national security and aerospace programs in trade secrets litigation.
- Represents software creator in connection with grand jury investigation of WikiLeaks.
- Investigated collapse of global financial company MF Global Holdings, Inc. on behalf of Chapter 11 bankruptcy trustee.
- Represented former president of a global biotech company indicted as “responsible corporate officer” in criminal proceedings related to off-label promotion of bone cement.
- Obtained acquittal of former pharmaceutical sales executive at EMD Serono indicted for conspiracy and substantive violations of the federal Anti-Kickback statute following two-week criminal trial in U.S. District Court for the District of Massachusetts (U.S. v. Bruens, et al.)
- Represented former chairman and CEO of a Kansas public utility charged with conspiracy, fraud and other violations of federal law through mistrial and retrial.
- Obtained defense judgment for a national law firm in a $226 million state legal malpractice suit.
- Represented former compliance director and marketing director of global pharmaceutical company in criminal investigation of marketing and promotion of arthritis pain medication.
- Represented pharmaceutical sales executives in criminal investigation of off-label promotion of appetite stimulant.
- Counseled medical device manufacturer on Anti-Kickback statute compliance matters in connection with acquisition.
- Represented former partner of national accounting firm in criminal investigation of tax strategy products.
- Represented global power company in connection with FERC investigation of gas-trading practices.