101 Park Ave.//New York, NY 10178-0060//United States
Martha B. Stolley is an accomplished trial attorney who defends corporations and individuals in highly contentious and sensitive government investigations and a wide range of white-collar criminal litigation. She handles matters involving violations of the Foreign Corrupt Practices Act (FCPA) and the False Claims Act (FCA) (with a focus on the New York FCA and tax matters), money laundering, healthcare fraud, securities fraud, accounting fraud, and insurance fraud. As a former government prosecutor in the Manhattan District Attorney’s Office, Martha brings a tenacious approach to complex litigation that consistently yields successful outcomes for her clients.
Martha uses a holistic approach to analyze each situation and develops appropriate solutions to match each client's legal needs. Additionally, Martha skillfully conducts targeted and discrete internal investigations into all types of misconduct, ranging from employee theft and embezzlement, to sexual harassment and/or sexual assault, to complex accounting fraud and FCPA violations. She also counsels clients on internal compliance and ethics programs.
Companies and individuals regularly turn to Martha when they need representation before the US Department of Justice (DOJ) and various US Attorneys’ Offices, the US Securities and Exchange Commission (SEC), the New York State Attorney General’s Office, other State Attorneys General’s Offices, the Manhattan District Attorney’s Office and various other District Attorneys’ Offices, and other federal and state agencies.
Her clients include Fortune 500 companies in the technology, retail pharmacy, and food services sectors, as well as organizations engaged in healthcare, construction, and education.
During her years with the Manhattan DA’s Office, Martha presented hundreds of cases to grand juries and successfully prosecuted more than 30 jury trials, involving serious felonies, such as attempted murder, narcotics trafficking, rape and sexual assault, bank robbery, pattern burglary, armed robbery, domestic violence assault, and criminal contempt. In addition to her trial duties, Martha served in the Sex Crimes, Asian Gang, and Domestic Violence Units. While at the Manhattan District Attorney’s Office, she also participated in the trial advocacy program, helping many young lawyers hone their courtroom skills.
Martha is a member of the New York Office’s Pro Bono Committee and serves as the Litigation Practice Group’s Assignment Coordinator.
Represented a venture-backed financial technology company in an investigation by the New York Attorney General’s Office into alleged violations of New York’s Martin Act, reaching a very favorable settlement with a nominal payment of monetary relief, no monitoring, and no additional action.
Successfully defended a medical device company in parallel FCPA investigations by the DOJ and the SEC, receiving closure letters from both agencies, with no charges, penalties, fines, or disgorgement.
Represented a private boarding school in internal investigation of historical sexual abuse by former teachers and subsequent disclosure and resolution of same.
Represented a Fortune 50 technology company as a victim in a multijurisdictional investigation by the SEC, DOJ, and UK Serious Fraud Office concerning the accounting practices of a company acquired by our client (former CFO of acquired company convicted; further investigation ongoing).
Represented a Fortune 500 retail pharmacy chain in an investigation by the Massachusetts Attorney General’s Office into alleged violations of MassHealth regulations, reaching a favorable settlement with denial of charges, a nominal contribution, and no monitoring.
Conducted internal investigation of employee theft of more than $6 million and successfully referred the case to federal criminal prosecutors for prosecution, guilty plea, and restitution to the client company.
Successfully defended multiple grocery stores against investigations and threatened enforcement actions by the US FDA for alleged trafficking violations.
Managed multiple internal investigations of allegations of sexual assault and sexual harassment, and resolution of same, for privately held registered investment advisor.
Conducted internal investigation of employee fraud and embezzlement for global alternative investment manager.
Successfully defended a large non-profit organization in an investigation by the New York Attorney General’s Office into allegations of financial fraud, which resulted in no charges or other action against the organization.
Successfully defended a Fortune 500 technology company in multi-country FCPA investigations involving related inquiries by the DOJ, the SEC, and the World Bank, which resulted in no charges or other action against the company.
Represented a Fortune 500 retail pharmacy chain in connection with government, administrative, and civil investigations into billing practices and obtained favorable resolutions in multiple audits by the New York Office of the Medicaid Inspector General.
Successfully defended a Fortune 500 retail pharmacy chain in an investigation by the New York Attorney General’s Office into alleged violations of New York’s General Business Law and health code provisions.
Represented a Fortune 500 food services company in an investigation by the New York Attorney General’s Office relating to alleged violation of state human rights laws in hiring practices, negotiated a favorable resolution and drafted a favorable monitoring plan.
Represented a Fortune 500 food services company in sales tax investigations by the New York County District Attorney’s Office and the New York State Department of Taxation and Finance.
Investigated allegations of sexual harassment and abuse against a Fortune 500 food services company.
Successfully defended an individual in a federal investigation into alleged money laundering and structuring.
Awards and Affiliations
Recommended, Dispute Resolution - White-Collar Criminal Defense, The Legal 500 US (2016, 2017)
Member, American Bar Association
Member, New York City Bar Association
U.S. Court of Appeals for the Second Circuit
U.S. District Courts for the Southern, Eastern, and Western Districts of New York
Northwestern University, B.A., With Honors
Northwestern University School of Law, 1998, J.D., Cum Laude