David J. Apfel
Areas of Practice
David Apfel, a partner in Goodwin Procter's Litigation Department, is a former federal prosecutor, who specializes in white collar criminal defense, SEC and other governmental investigations, internal corporate investigations, and high-stakes business litigation. Mr. Apfel also regularly advises companies with respect to online gaming and gambling matters, and he has an active pro bono practice. He is an experienced and accomplished trial lawyer, who represents corporations and individuals in a wide range of criminal and civil cases. Mr. Apfel is a founding member of the firm's White Collar Crime and Government Investigations Practice. He has for years been listed in Chambers USA: America's Leading Business Lawyers as a leading national business litigator, and he has been named a Massachusetts "Super Lawyer" by Boston Magazine.
Work for Clients
Mr. Apfel has defended Fortune 100 companies, and other major corporations and individuals in public corruption, securities fraud, insider trading, health care fraud, stock option backdating, perjury, false statement, conflict of interest, money laundering, and other criminal prosecutions and investigations. He has likewise represented corporations and individuals in range of civil cases involving the False Claims Act, excessive fees, civil RICO, breach of contract, land use, and alleged banking irregularities. Mr. Apfel's most recent representations have included: - A major mutual fund company in connection with an SEC investigation concerning conflicts of interest relating to the firm's securities trading desk;
- An internal investigation on behalf of the Audit Committee of a publicly traded bank looking into concerns first raised in an FDIC examination of a bank subsidiary;
- A major national bank in a public corruption investigation;
- A law firm and several individual partners of the firm in a stock options backdating investigation focused on one of the firm's clients and that client's CEO;
- A major university in a False Claims Act and breach of contract case involving work done by the university under contract abroad with USAID;
- A large real estate development company in a civil RICO case;
- A major mutual fund investment advisor in a civil action alleging that the company has been paid excessive fees for its...more »
Mr. Apfel has defended Fortune 100 companies, and other major corporations and individuals in public corruption, securities fraud, insider trading, health care fraud, stock option backdating, perjury, false statement, conflict of interest, money laundering, and other criminal prosecutions and investigations. He has likewise represented corporations and individuals in range of civil cases involving the False Claims Act, excessive fees, civil RICO, breach of contract, land use, and alleged banking irregularities. Mr. Apfel's most recent representations have included: - A major mutual fund company in connection with an SEC investigation concerning conflicts of interest relating to the firm's securities trading desk;
- An internal investigation on behalf of the Audit Committee of a publicly traded bank looking into concerns first raised in an FDIC examination of a bank subsidiary;
- A major national bank in a public corruption investigation;
- A law firm and several individual partners of the firm in a stock options backdating investigation focused on one of the firm's clients and that client's CEO;
- A major university in a False Claims Act and breach of contract case involving work done by the university under contract abroad with USAID;
- A large real estate development company in a civil RICO case;
- A major mutual fund investment advisor in a civil action alleging that the company has been paid excessive fees for its services;
- Several companies engaged in ventures that could implicate federal and/or state anti-gaming and gambling laws;
- The CEO of a publicly traded company in a case involving allegations of conflicts of interest and affiliated party transactions;
- University students accused of crimes, who have parallel criminal and university disciplinary cases proceeding against them;
- A senior officer of a publicly traded company in a securities fraud investigation based on allegations of improper revenue recognition; and
- Several officers of major biotech companies in health care fraud investigations alleging off-label marketing, anti-kickback and other violations.
Mr. Apfel also has an active pro bono practice in which he represents indigents in state murder prosecutions, habeas corpus matters, and federal criminal prosecutions. less »
Professional Activities
Mr. Apfel is an active member of two panels from which attorneys are selected to defend indigents in serious criminal cases: the Massachusetts State “Murder List” and the United States District Court’s Criminal Justice Act Panel. Mr. Apfel is also a member of the Boston, Massachusetts and American Bar Associations.
Professional Experience
Prior to law school, Mr. Apfel was a high school English, history and social studies teacher for 10 years (1975-1984) at Lincoln Sudbury Regional High School in Sudbury, Massachusetts. After graduating from law school, Mr. Apfel served as a law clerk for U.S. District Judge Douglas P. Woodlock (1987-1988). From 1988-1994, he was a litigation associate at Goodwin Procter. In 1994, he joined the Criminal Division of the U.S. Attorney’s Office in Boston where he prosecuted public corruption, securities fraud and other federal crimes until 1999 at which point he rejoined Goodwin Procter as a partner in the Litigation Department. Mr. Apfel also served as an Associate Independent Counsel in the Iran Contra investigation conducted by Independent Counsel Lawrence Walsh.
Bar and Court Admissions
Mr. Apfel is admitted to practice in Massachusetts, and before the United States District Court for the District of Massachusetts and the United States Court of Appeals for the First Circuit.
Honors and Awards
While serving as an Assistant United States Attorney, Mr. Apfel received the 1997 John Marshall Award for the trial of litigation, the U.S. Department of Justice’s highest award for trial work. He received this honor for his work on a successful investigation of Merrill Lynch and Lazard Freres, and his victory in a three and one-half month criminal trial of Lazard Freres investment banker and nationally renowned municipal financial adviser Mark Ferber. Mr. Apfel has also received Goodwin Procter’s Robert B. Fraser Award for pro bono service.
Education
J.D., Northeastern University School of Law, 1987
B.A., Swarthmore College, 1974
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