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Philadelphia Office
1835 Market Street - Suite 1400
Philadelphia
PA 19103
215.569.3022 phone215.568.6603 faxjpetkun@klehr.com

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James A. Petkun

Partner | Litigation

Biography

James is a former federal prosecutor who represents companies, individuals, and organizations in government investigations, white collar litigation, and criminal matters. He has significant experience leading internal investigations related to government action, defending clients in criminal cases in federal and state courts across the country, and counseling clients on regulatory and compliance-related issues. James also litigates cases involving allegations of fraud and corruption, including federal False Claims Act/qui tam litigation. An experienced trial lawyer, James has tried over 60 cases to verdict as lead trial counsel during his career. James represents clients across industries, including healthcare/pharma, real estate/construction, technology, financial services, media, sports & entertainment, and politics.

James previously served for eight years as an Assistant U.S. Attorney at the U.S. Attorney’s Offices in Philadelphia and Washington, D.C., within the U.S. Department of Justice. During his appointment, he prosecuted matters involving corporate fraud, money laundering, cybercrime, bank fraud, mail/wire fraud, tax crimes, ID theft and RICO, as well as violent crimes and child exploitation offenses. James investigated and prosecuted hundreds of cases during his time with DOJ, including numerous high-profile white collar matters. He also briefed over a dozen appeals on behalf of the United States, and argued five — two before the U.S. Court of Appeals for the D.C. Circuit, and three before the D.C. Court of Appeals. James was nominated by the Department of Justice for a Director's Award in 2018, received formal commendation from the FBI Director in 2017, and twice received DOJ Special Achievement Awards for his trial and investigative work.

Prior to joining DOJ, James served as a law clerk to the Honorable Michael M. Baylson of the U.S. District Court for the Eastern District of Pennsylvania, and worked as a litigation associate at a large international law firm. Recently, James has guest lectured at the University of Pennsylvania Law School regarding financial crimes and internal investigations, and spoken at Villanova Law School and Drexel Law School regarding his work with the Justice Department.  

Credentials

Education

Villanova University School of Law, J.D., magna cum laude, Elected to Order of the Coif; Managing Editor, Villanova Law Review

Emory University, B.B.A.


Admissions

Pennsylvania

U.S. Supreme Court

U.S. Court of Appeals – Third Circuit

U.S. Court of Appeals – District of Columbia Circuit

U.S. District Court – Eastern District of Pennsylvania

U.S. District Court – District of Columbia


Memberships

Anti-Defamation League, Regional Advancement Team / Fellow, ADL Glass Leadership Institute

Barrister, University of Pennsylvania Law School American Inn of Court

Speeches and Publications
  • Panelist: “A Look at Legal Ethics Through the Lens of the Mueller Investigation,” Pennsylvania Association of Criminal Defense Lawyers (“PACDL”) 2019 White Collar Conference (Nov. 2019
  • Quoted, “Ex-Prosecutor Joins New Klehr Harrison White Collar Practice,” Law360 (Sept. 18, 2019)
  • “DOJ Issues Updated Best Practices on Cyber Incidents; Incorporates CISA,” Technology Law Dispatch (Oct. 10, 2018)
  • Quoted, “At Federal Trial, Prosecutors Use Main Line Payday Lender's Words Against Him,” The Philadelphia Inquirer (Sept. 28, 2017)
  • Quoted, “Former QVC Executive Faces Charges,” KYW News Radio (Broadcast Date: Aug. 10, 2017)

 

Representative Matters

James’s recent representations include:

  • a tech entrepreneur under criminal investigation for investor fraud in the U.S. and abroad;
  • municipal employees in a federal public corruption case;
  • a medical device manufacturer in federal False Claims Act/qui tam litigation in the Western District of Tennessee;
  • a pharmaceutical manufacturer in multiple federal grand jury investigations led by the U.S. Attorney’s Office for the Eastern District of Pennsylvania;
  • a hospital network in joint civil/criminal investigations led by the U.S. Attorney’s Office for the District of New Jersey and DOJ’s Criminal Fraud Section related to the acquisition of medical practices, and related billing issues;
  • a New York-based public utility involved in a congressional investigation;
  • a construction company facing multiple federal criminal investigations;
  • senior leadership of a hospital network in a criminal investigation led by the U.S. Department of Justice;
  • an international automobile manufacturer in federal False Claims Act litigation;
  • an employee at a medical practice in a drug diversion-related criminal investigation;
  • an executive at an international auto manufacturer in joint US/foreign government criminal probes;
  • a Pennsylvania-based electronic health records company in multiple state AG investigations;
  • a regional bank in a state AG consumer fraud investigation;
  • conducted an internal investigation for a large defense/government contractor regarding potential antitrust, pricing, conflict of interest, False Claims Act, and other potential improper conduct;
  • the owner of a hospital network in separate FTC and state AG investigations;
  • a medical device manufacturer involved in a healthcare fraud case led by the U.S. Attorney’s Office for the Southern District of Florida.

As a federal prosecutor, James successfully handled numerous high-profile white-collar criminal matters, including:

  • U.S. v. Hallinan – Guilty verdicts after 10-week jury trial in $500 million nation-wide financial services fraud perpetrated by the “Godfather” of payday lending (as reported by the Philadelphia Inquirer), his Delaware corporate lawyer, and a self-proclaimed Canadian Indian Chief, on counts including international money laundering, RICO, conspiracy, and mail/wire fraud;
  • U.S. v. Henderson – Guilty verdict after jury trial against former Philadelphia police officer running “dark-web” ID-theft conspiracy;
  • U.S. v. Cameron – Guilty verdict after jury trial against imposter lawyer who operated a sham national immigration law practice and defrauded hundreds of victims across the country and abroad;
  • U.S. v. Falkowski – Million-dollar kickback/embezzlement schemes operated by a former QVC, Inc. executive in partnership with the general counsel of a Hollywood PR agency, leading to convictions of both individuals;
  • $200 million offshore tax fraud conspiracy leading to guilty pleas by multiple individuals;
  • Vendor fraud and internal embezzlement at Bristol-Myers Squibb’s U.S. headquarters leading to guilty pleas by three individuals;
  • U.S. v. Intercept Corp. – Corporate guilty plea by North Dakota-based payment processor responsible for facilitating illegal money transmittals across the United States;
  • In re Google Search Warrant – Defeated Google in litigation involving Google’s refusal comply with federal search warrants under the Second Circuit’s Microsoft decision; case subsequently cited in Solicitor General’s brief to the U.S. Supreme Court in related appeal;
  • Conviction of manager of South Korean chemical company’s U.S. subsidiary on embezzlement and ID-theft charges.