Franklin Monsour is a white collar and investigations partner who represents clients in criminal and civil government actions and complex commercial litigation.
Franklin is a former federal prosecutor and experienced trial attorney. He understands that clients trust him to handle difficult situations, facing threats to their liberty or steep financial consequences. Franklin provides comprehensive representation, working to preempt or resolve matters efficiently, and winning them in court. A strong legal writer, Franklin has a successful track record through motion practice, and excels at trying cases before a jury.
Franklin frequently represents clients in the life sciences and healthcare industries in both criminal and civil investigations brought by the Department of Justice and other regulatory agencies such as the DEA and FDA. His practice also includes defending clients in securities-related and SEC enforcement actions.
Franklin was lead counsel in representing defendant Pavandeep Bakhshi in the case of United States v. Parmar, et al., 2:18-cr-00735-MCA (Dist. N.J.). The indictment alleged a $300 million securities fraud conspiracy in relation to the go-private sale of a medical billing company, charging Mr. Bakhshi with securities fraud, conspiracy to commit securities fraud, and wire fraud. Through motion practice—including the successful suppression of evidence—and tireless work demonstrating the errors in the charges, Franklin was able to have the entire indictment dismissed in exchange for a plea to a single misdemeanor and a $5,000 fine. The outcome was featured in Law360.
In addition, Franklin specializes in False Claim Act (FCA) litigation. He previously prosecuted record-setting cases under the FCA and Anti-Kickback Statute (AKS) on behalf of DOJ. That experience now informs Franklin’s defense of clients under FCA investigation. He has represented Health Plans, biopharmaceutical companies, medical device manufactures, and individuals in FCA matters. Franklin has been successful in convincing DOJ to resolve numerous investigations without action.
Franklin has further civil litigation experience in pursuing affirmative cases on clients' behalf. He has investigated and filed complex civil-RICO and civil fraud cases, obtaining injunctive relief and damages. He has experience with asset tracing and civil ex parte seizures, and often coordinates with private investigators and law enforcement agencies.
Franklin draws from his broad experience as a federal prosecutor for the Southern District of Florida, where he prosecuted and tried numerous criminal cases involving fraud, narcotics, and violent crimes, and represented DOJ in large-scale civil enforcement actions. He was lead counsel in negotiating multiple record settlements totaling over $100 million in FCA, AKS, healthcare fraud and civil penalty recoveries. His cases included the largest DEA drug diversion recovery under the Controlled Substances Act, and the largest criminal fraud compound pharmacy case to go to trial.
In addition, Franklin maintains an active pro bono practice. Recently, in collaboration with the National Coalition on Black Civil Participation and the Lawyers’ Committee for Civil Rights, Franklin secured a major win for the plaintiffs in a voter intimidation case.