John Moustakas, a partner in the firm’s Litigation Department, is a trial lawyer and former Assistant United States Attorney. He specializes in complex civil litigation and white collar criminal defense, including conducting internal investigations on behalf of companies and representing companies and individuals in connection with government investigations, including congressional hearings.
WORK FOR CLIENTS
Mr. Moustakas is a trial lawyer, who has first-chaired more than 30 jury trials. In addition to his many trials as a federal prosecutor, the following is a representative list of his diverse matters:
- In 2011, Mr. Moustakas was retained to represent a southern California computer reseller indicted in federal court on charges of violating the International Emergency Economic Powers Act (IEEPA) and the Iranian Transactions Regulations, conspiracy, false statements, and obstruction of justice. Trial is set for April 2012.
- In 2011, Mr. Moustakas won a three-week jury trial in federal court against the District of Columbia government for maintaining a pattern and practice of constitutionally deficient training and supervision of police officers which frequently resulted in wrongful arrests.
- In late 2010, Mr. Moustakas was retained by a Swiss private bank to conduct an internal investigation into its cross-border business and to defend it against allegations that it criminally conspired with U.S. taxpayers to defraud the U.S. government, evade taxes and file false returns.
- In 2008, Mr. Moustakas prevailed at trial on behalf of a major financial services company sued for imposing trading restrictions upon a notorious mutual fund market-timer. 2008 U.S. Dist. LEXIS 26330 (E.D. Pa. March 31, 2008).
- In 2004, Mr. Moustakas secured dismissal of the indictment of an international businessman on charges of violating the Arms Export Control Act and the International Traffic in Arms Regulations on account of his brokering the sale of patrol boats to the regime of Saddam Hussein. 2004 U.S. Dist. LEXIS 8585 (Apr. 9, 2004), aff’d 428 F.3d 241 (D.C. Cir. 2005).
- In 2003, Mr. Moustakas successfully defended an S&P 500 corporation and the largest owner and operator of apartment communities in the United States against contract and tort claims and, in 2007, secured reversal on appeal of adverse summary judgment on its own claims. 935 A.2d 300 (D.C. 2007).
- In 2002, Mr. Moustakas obtained acquittals on all counts against police officers charged in federal court with fraud and false statements.
- In 2001, Mr. Moustakas successfully defended an S&P 100 financial services company against a lawsuit alleging breach of contract and securities violations. 2001 U.S. Dist. LEXIS 24189 (E.D. Pa. Dec. 3, 2001), aff’d 2002 U.S. App. LEXIS 15503 (3d Cir. Aug. 1, 2002).
Other significant representations include:
- A high-ranking Defense Department official in connection with House of Representatives Judiciary Committee hearings into Bush administration policies with respect to the interrogation of terrorism detainees;
- The former foreign government minister in connection with an FBI probe into alleged leaks of sensitive U.S. intelligence;
- A former U.S. cabinet official with respect to a national security investigation;
- A defense contractor in several government and internal investigations involving kickbacks and possible false claims;
- An online marketing and media firm in connection with a Senate Commerce Committee investigation;
- A major international shipping line in connection with several confidential internal investigations;
- An officer of a major defense contractor investigated, among other things, for economic espionage, resulting in declination of prosecution;
- A U.S. State Department official in connection with investigation into alleged misappropriation of government secrets and leaks to the media, resulting in declination of both prosecution and adverse administrative action;
- A major healthcare provider in connection with nationwide civil RICO conspiracy suit;
- A Washington, D.C. university sued for racial and gender discrimination;
- A senior intelligence official wrongly accused of espionage and treason that was ultimately determined to be the wrongdoing of FBI Special Agent Robert Hanssen. (Client was exonerated, restored to duty and featured on the 60 Minutes news program.)
PROFESSIONAL EXPERIENCE
Mr. Moustakas was a partner at Shea & Gardner prior to its combination with Goodwin Procter in 2004. He returned to Shea & Gardner in 2000 after serving more than six years as an Assistant United States Attorney for the District of Columbia, where he was responsible for criminal prosecutions in both federal and local District of Columbia courts. During his tenure as a prosecutor, he specialized, among other things, in complex cases involving public corruption and government fraud. He has structured and overseen long-term investigations leading to successful prosecutions involving mail, wire and bank fraud, money laundering, tax offenses, bribery, false statements, obstruction of justice, tampering with evidence, and conspiracy. He has also investigated and successfully tried several homicide cases.
Prior to joining Shea & Gardner, Mr. Moustakas clerked for the Honorable Joseph L. Tauro of the U.S. District Court for the District of Massachusetts (1989-90) and the Honorable Robert Boochever of the U.S. Court of Appeals for the Ninth Circuit (1990-91).
BAR AND COURT ADMISSIONS
Mr. Moustakas is admitted to the bars of Massachusetts, the District of Columbia, the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit.
RECOGNITION
In law school, Mr. Moustakas served as Note Editor on the Cornell Law Review.