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DAMIAN W. WILMOT

PARTNER

  • J.D.,
    Suffolk University School of Law
  • B.A.,
    Trinity College
  • Connecticut Supreme Court, Honorable Christine Vertefeuille
Damian W Wilmot
Exchange Place
53 State Street
Boston, MA 02109
USA
617.570.1368

Damian Wilmot is a partner in Goodwin Procter's Business Litigation Group and a member of the firm’s White Collar Crime & Government Investigations Practice and its Gaming, Gambling & Sweepstakes Practice. He focuses on complex business litigation, white collar criminal defense, regulatory matters and government and internal investigations. Mr. Wilmot also advises companies and investors on gaming and gambling matters, including tribal-state gaming issues. He joined Goodwin Procter from the U.S. Attorney's Office in Boston in 2006.

WORK FOR CLIENTS

Mr. Wilmot has represented multi-national and domestic corporations in a wide range of complex commercial disputes arising under federal and state laws, such as breach of fiduciary duty, breach of contract, fraud, ERISA, civil RICO and qui tam (whistleblower) actions. A former Assistant U.S. Attorney, Mr. Wilmot has successfully tried several jury and non-jury cases in both state and federal court.

Mr. Wilmot has also defended public and private corporations and individuals in health care fraud, Foreign Corrupt Practices Act, conspiracy, false statement, public corruption and other criminal prosecutions and investigations. He has extensive experience conducting internal investigations, particularly for corporate clients concerning sensitive business and corporate governance-related matters. He has led internal investigations in the following circumstances, among many others, representing:

  • A special committee of a board of directors for a financial institution in an internal investigation of whistleblower allegations of misconduct and retaliation by high-level executives;
  • A special committee of a board of directors of a tech company in an internal investigation of whistleblower allegations of severe mismanagement by high-level executives and failure to protect the company's intellectual property;
  • A pharmaceutical company in connection with an internal investigation of whistleblower allegations of violations of state and federal anti-kickback laws;
  • A company in connection with an internal investigation of whistleblower allegations of improper recognition of revenue under GAAP and intentional avoidance of company's ethical policies and compliance controls;
  • A financial institution in an internal investigation into allegations of insider trading;
  • A financial institution in connection with an internal investigation of whistleblower allegations of violations of the Bank Secrecy Act;
  • The Massachusetts Supreme Judicial Court in investigating patronage hiring and related wrongdoing within the Massachusetts Probation Department; and
  • A special committee of the Roxbury Community College’s board of trustees in connection with investigating allegations of sex crimes and violation of disclosure requirements under state and federal laws, including the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act ("the Clery Act"). The investigation resulted in a 56-page report drawing significant media attention, including a front-page article in The Globe.

PROFESSIONAL ACTIVITIES

Mr. Wilmot has a long record of commitment and service to the bar and the community. Since his appointment in 2009 by Massachusetts Governor Deval Patrick until 2013, Mr. Wilmot served on the Judicial Nominating Commission, which evaluates and recommends candidates for state judicial vacancies within Massachusetts. He also serves on the Middlesex County District Attorney’s Office’s External Diversity Committee, which assists the office in recruiting and in formulating certain policies and practices.

Mr. Wilmot has served on several bar association committees, such as the Criminal Section Steering Committee and the Nominating Committee of the Boston Bar Association, and was an editor for the Boston Bar Journal. He has also held director positions with many community-based organizations, including the Boston Center for Community and Justice, the Leadership Development Foundation, and the Dorchester YMCA, for which he served as chairman. He is a past-president of the Massachusetts Black Lawyers Association and the Trinity College Black Alumni Organization.

Mr. Wilmot currently serves on the Board of Trustees of Suffolk University in Boston, Massachusetts. He also serves on the Board of Overseers for the Boys and Girls Club of Boston and the Board of Corporators for Eastern Bank Corporation.

PROFESSIONAL EXPERIENCE

Before joining Goodwin Procter, Mr. Wilmot was an Assistant U.S. Attorney for the District of Massachusetts. There, he represented the federal government in civil and criminal actions and investigations brought to enforce federal regulatory requirements and to recover damages against companies or individuals (e.g., independent clinical laboratories, pharmaceutical manufacturers, hospitals, ambulance service providers, physicians and other medical providers) who submitted false claims to or committed fraud against the government.

Mr. Wilmot also represented the federal government and its agencies in all phases of litigation in the U.S. District Court of the District of Massachusetts and the U.S. First and Second Circuit Courts of Appeals in various civil suits brought against the government, including employment discrimination and wrongful discharge litigation, suits asserted under the Federal Tort Claims Act, challenges to agency actions under the Administrative Procedure Act and the defense of government officials sued in their individual capacities.

Prior to serving as a federal prosecutor, Mr. Wilmot was an associate with another national law firm in Boston.

BAR AND COURT ADMISSIONS

Mr. Wilmot is admitted to practice in Massachusetts and Connecticut, and before the U.S. District Court for the Districts of Massachusetts and Connecticut.

RECOGNITION

In 2010, Mr. Wilmot was selected by the Boston Business Journal as one of the top 40 business leaders in Massachusetts under the age of 40. He has also been named a Massachusetts Super Lawyer “Rising Star” annually since 2009. He is the recipient of the 2005 Outstanding BLSA Alumnus Award from the Black Law Student Association, Suffolk University Law School Chapter.

While in law school, Mr. Wilmot received the Book Award for Outstanding Scholarship and Leadership Ability from the Massachusetts Black Judges Conference and was a staff member and productions editor of the Suffolk Transnational Law Review.