Julian André helps clients achieve the best outcomes when facing government prosecutions, enforcement actions and investigations, defending against complex civil litigation and performing internal investigations. Leaning on his experience as an Assistant US Attorney in Los Angeles prosecuting financial crimes, Julian adds an inside perspective when devising defense strategies for companies and individuals facing criminal and civil investigations by state and federal agencies such as DOJ, HHS-OIG, SEC, and DOL. He also regularly advises clients on matters involving corporate governance and regulatory compliance, including anti-money laundering and anti-corruption issues.
Julian’s experience prosecuting complex fraud cases and acting as a first chair trial attorney make him a valuable asset to healthcare clients, who regularly call on him to navigate False Claim Act investigations and civil litigation. Throughout his career, he has helped healthcare companies save hundreds of millions of dollars in potential government fines and civil judgments.
In recent years, Julian has also defended several companies in ERISA litigation involving Employee Stock Ownership Plans (ESOPs). Julian’s strategic approach and strength in the courtroom have led to favorable outcomes for ESOP plan sponsor companies, their directors and officers, and plan fiduciaries in class action lawsuits brought by plan participants.
Prior to rejoining McDermott in 2021, Julian spent six years as an Assistant US Attorney. During this time, he served in the Major Frauds Section and was the US Attorney’s Office’s Securities Fraud Coordinator and Education Fraud Coordinator. Julian prosecuted and investigated a wide range of financial crimes, including healthcare fraud, securities fraud, bank fraud, public corruption, tax evasion, and money laundering. Two marquee cases handled during his time as a federal prosecutor include the prosecution of Michael Avenatti and the prosecution of China Zhongwang, the world’s second-largest aluminum extrusion producer at the time.
Other notable trial experience includes education fraud, bribery and tax cases in the US District Court for the Central District of California, and patent infringement trials in the US District Courts for the Northern District of Texas and Middle District of Florida.
Julian is also an accomplished appellate advocate, having handled dozens of appeals before the US Supreme Court, and the US Courts of Appeals for the Second and Ninth Circuits. Prior to entering private practice, Julian served as a law clerk for the Honorable Harry Pregerson of the US Court of Appeals for the Ninth Circuit.
White-Collar Criminal Defense
- Secured the dismissal of federal criminal charges and a related SEC action; and obtained a successful resolution of class action and shareholder derivative matters for the co-founder of a NASDAQ-traded broadband communications company in criminal and civil matters relating to alleged misdated stock options
- Convinced DOJ to decline all potential criminal charges against a retired US four-star general during a DOJ investigation into Foreign Agency Registration Act, false statement and obstruction charges.
- Representing employees of a Canadian encrypted communications company in connection with parallel US and French criminal investigations involving over $100 million in alleged criminal proceeds.
- Defending digital marketing company in connection with a DOJ criminal investigation into alleged CAN-SPAM Act, money laundering and tax offenses, including during extensive litigation regarding attorney-client privilege issues.
- Represented general counsel of a digital marketing company during investigation and prosecution of alleged CAN-SPAM Act violations, resulting in no charges being brought against the client.
- Obtained the dismissal of all criminal charges following a five-day preliminary hearing in Los Angeles Superior Court on behalf of a major automotive parts distributor in connection with a felony criminal complaint asserting alleged willful violations of OSHA regulation.
Government Investigations and Enforcement Actions
- Represented health care provider in connection with a government False Claims Act investigation involving electronic medical records systems.
- Represented health care provider in connection with a government False Claims Act investigation involving upcoding allegations.
- Represented a publicly traded healthcare provider in connection with a government False Claims Act investigation involving upcoding and medical necessity allegations.
- Represented a major pharmaceutical company in connection with a government False Claims Act investigation involving alleged improper marketing activity in violation of the Anti-Kickback Statute.
- Represented one of the nation’s largest non-profit hospital networks in a civil employment dispute involving various accounting issues.
- Represented hotel management company and its executives in connection with a Paycheck Protection Program (PPP) loan audit and investigation, resulting in SBA withdrawing adverse loan forgiveness decision.
- Represented cryptocurrency broker in connection with a John Doe summons issued by the IRS.
Complex Civil Litigation
- Earned complete defense verdict for a smartphone manufacturer on both patent infringement and invalidity after just four hours of deliberations following a patent infringement trial involving wireless mobile phone technology.
- Received plaintiff-side dismissal after defending a smartphone manufacturer in a three-week patent infringement trial against a non-practicing entity claiming ownership of the patents-in-suit. The plaintiff dismissed its case just before closing arguments then entered into a favorable resolution with the Firm’s client.
- Obtained favorable settlement for hospital system and its executives in connection with an ERISA class action arising from a $275 million Employee Stock Ownership Plan (ESOP) transaction.
- Representing personal protective equipment company in a $70 million lawsuit against a Malaysian supplier for fraudulent concealment and tortious interference with contract.
- Representing a former director of a power control systems manufacturer in connection with an ERISA class action relating to the termination of the company’s ESOP and sale of its stock to a publicly traded company.
- Representing a regional satellite services provider and its executives in connection with an ERISA class action relating to a $40 million ESOP transaction.
- Prosecuted Michael Avenatti for theft of over $10 million in client funds, failure to pay payroll taxes and file tax returns, bank fraud, identity theft and bankruptcy fraud, resulting in guilty pleas and 14-year prison sentence.*
- Prosecuted China Zhongwang, the world’s second-largest aluminum extrusion producer, and others for a scheme to evade $1.8 billion in anti-dumping duties on Chinese aluminum and to defraud its investors, resulting in the seizure of over $1 billion in property and six related companies being ordered to pay over $1.8 billion in restitution.*
- Prosecuted the former CEO and Senior Vice President of a charter school network for the misappropriation of over $3.2 million in public funds, resulting in plea agreement with CEO, conviction of Senior Vice President at trial and non-prosecution agreement with the charter school network.*
- Investigated and prosecuted one of the largest PPP loan fraud schemes in the country, involving eight defendants, 151 PPP and EIDL loans and over $20 million in intended loss.*
- Investigated and prosecuted durable medical equipment company owner for health care fraud, money laundering and structuring financial transactions in connection with a $24 million health care fraud scheme.*
- Convicted accountant of wire fraud in connection with a $40 million Ponzi scheme, resulting in eight-year prison sentence and parallel SEC settlement.*
- Convicted lawyer of wire fraud and tax evasion in connection with a $9 million Ponzi scheme, resulting in five-year prison sentence.
- Tried and convicted garment factory owner for bribing a Department of Labor investigator.*
*From prior tenure as an AUSA.
- Served as lead appellate counsel before the US Supreme Court and argued before the US Court of Appeals for the Ninth Circuit in an immigration appeal involving the client’s eligibility for cancellation of removal from the United States; the Supreme Court granted the client’s writ of certiorari and vacated the Ninth Circuit’s adverse ruling, resulting in the Firm’s client being allowed to remain in the United States with his young children.
- Argued before the US Court of Appeals for the Second Circuit and served as lead appellate counsel for the Art Dealers Association of America and Society of London Art Dealers appearing as amici curiae in an appeal.
- The Best Lawyers in America, Criminal Defense: White-Collar, 2023
- Southern California Super Lawyer, Rising Star in Business Litigation, 2013 to 2014
- Western Center on Law & Poverty Advisory Board, past member
- Executive Committee Member, California Lawyers Association, Criminal Law Section
Advisory Board Member, American Bankers Association Financial Crimes Enforcement Conference
University of Virginia School of Law. JD, 2007
University of California at San Diego, BA, 2003
US Supreme Court
US Court of Appeals for the Ninth Circuit
US District Court for the Central District of California
US District Court for the Eastern District of California
US District Court for the Northern District of California
US District Court for the Southern District of California