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Randy Luskey

Partner

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A former federal prosecutor, Randy Luskey is an accomplished trial lawyer who handles a wide range of litigation matters. His practice focuses on internal investigations, government investigations, class action defense, white collar criminal defense and complex business litigation.


Randy is engaged by public and private companies, and by audit and special committees of boards of directors, to conduct internal investigations. He also represents companies and individuals in connection with government investigations, as well as parallel civil and administrative proceedings. Randy also has extensive experience defending consumer class actions and in cases involving securities fraud, health care fraud, money laundering, the Telephone Consumer Protection Act and the False Claims Act. 


Randy has first and second chaired seven trials to verdict, and has briefed and argued appeals before the Ninth Circuit. He advises a diverse group of technology, banking, pharmaceutical, health care, and emerging company clients in class actions, regulatory compliance matters and civil and criminal litigation.

  • From 2011 to 2014, Randy was an Assistant United States Attorney in the Criminal Division of the U.S. Attorney’s Office for the Northern District of California. While with the U.S. Attorney’s Office, he managed complex government investigations and prosecutions, and developed broad trial experience. He prosecuted a wide variety of federal criminal cases involving offenses such as mail/wire fraud, health care fraud, money laundering, tax crimes, RICO, identity theft, and environmental crimes. Randy secured guilty verdicts in a month-long health care fraud jury trial against the owners of two medical device companies. He also played a key role in the bank fraud investigation and prosecution of the President of the Bay Area's largest home builder.

    Randy was recently named by Super Lawyers as a 2015 "Rising Star," an award given to fewer than 2.5% of all lawyers in the state. He has received awards and commendations from the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Secret Service, and the U.S. State Department for providing exceptional prosecutorial assistance.

    • Leading an internal investigation on behalf of a Bay Area hospital concerning potential False Claims Act violations and Medicaid fraud. 
    • Leading an internal investigation on behalf of a digital money transfer company and a retail company in connection with a spear phishing incident and unauthorized wire transfers.
    • Leading an internal investigation in Central America on behalf of a Fortune 500 company into alleged Anti-Money Laundering violations relating to its vendors.  
    • Representing a senior mortgage lending executive during litigation with the Securities and Exchange Commission, California Attorney General and class action plaintiffs relating to the performance of mortgage-backed securities during the financial crisis.
    • Representing a leading solar company in a class action in the Northern District of California alleging violations of the Telephone Consumer Protection Act.
    • Representing an energy company in a class action alleging fraud claims in Nevada state court.
    • Representing a Fortune 10 technology company in a consumer class action alleging violations of New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act.
    • Representing a Fortune 500 pharmaceutical and medical device company in connection with an investigation by the State Attorney General’s Office into alleged violations of the Anti-Kickback Statute.
    • Representing an executive in connection with civil insider trading investigation by the SEC.
    • Defending an executive against a criminal mail fraud and money laundering indictment pending in the Northern District of California.
    • Representing the Chief Financial Officer of a Fortune 500 software company in connection with SEC enforcement action alleging accounting fraud.
    • Representing a Fortune 500 company in defense of product liability lawsuits.
    • Representing officers and employees of biotechnology company in connection with government investigation of alleged off-label marketing of pharmaceuticals and other alleged violations of the False Claims Act.
    • Representing Chief Financial Officer of a Silicon Valley software company in connection with SEC enforcement action alleging accounting fraud.  
    • Representing the audit committee of a telecommunications company in connection with internal investigation, and related SEC and DOJ investigations, concerning alleged violations of the Foreign Corrupt Practices Act in China, India, Mongolia, Vietnam and Thailand.
    • Representing a senior officer of technology company in connection with DOJ Antitrust Division investigation of bid rigging allegations involving multi-state payment processing contracts.
    • Representing George Souliotes - an innocent man wrongfully convicted of murder and arson - in his federal habeas corpus proceedings. Mr. Luskey acted as principal brief author and oral advocate in a successful habeas corpus appeal before the United States Court of Appeals for the Ninth Circuit. Client was exonerated of first degree murder and released from life sentence in prison.

ニュースレター・著作

The SEC Enforcement Division 2017 Annual Report: Continued Focus on Individual Wrongdoers and Enhanced Protections for the “Main Street” Investor

November.21.2017

Securities Litigation, Investigations & Enforcement Blog
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