Overview
Sarah Walters is a former federal prosecutor and experienced trial lawyer who focuses her practice on white-collar criminal defense, regulatory enforcement and compliance matters and complex civil litigation. In addition to both criminal and civil trial work, Sarah has substantial experience conducting internal investigations and representing clients in securities, healthcare and other government enforcement matters. She also assists companies in developing compliance policies and programs.
Sarah represents companies and individuals in criminal and civil investigations involving all types of alleged financial fraud, including honest services or commercial fraud, accounting and disclosure issues and public corruption. She conducts independent investigations on behalf of Audit and other Board committees and has handled criminal and civil healthcare matters for hospital systems, medical device manufacturers telehealth providers, and electronic health record providers, including in connection with alleged violations of the False Claims Act and the Federal Anti-Kickback Statute.
Sarah has particular expertise in advising companies on compliance with the Foreign Corrupt Practices Act and conducting investigations in matters involving anti-bribery laws. She also works with companies to design, implement and audit compliance programs consistent with the U.S. Department of Justice’s, and other relevant, guidance.
Before joining McDermott, Sarah served 10 years as an Assistant United States Attorney in the Boston US Attorney’s office, holding the position of Chief of the Economic Crimes Unit during the last four years of her tenure. Sarah’s work as a prosecutor included leading and supervising successful investigations and numerous jury trials covering a broad spectrum of financial crimes. Sarah also served as a liaison to President Obama’s Financial Fraud Enforcement Task Force.
Sarah also maintains an active pro bono practice and is a member of the Criminal Justice Act (CJA) panel for the US District Court for the District of Massachusetts, representing indigent defendants in criminal matters.
Results
Government and Internal Investigations
- Defends a broad spectrum of organizations, including healthcare providers and systems, government contractors and publicly traded companies, in connection with civil and criminal government investigations and related litigation
- Represents executive of major publicly traded company in FCPA investigation
- Represents government contractor in False Claims Act investigation related to compliance with cyber security requirements
- Represents major health care systems, e-brokers and telehealth companies in False Claims Act, Anti-Kickback Statute and controlled substance diversion investigations
- Represented Audit Committee of major publicly traded company in investigation concerning alleged accounting fraud and handled related inquiries by the Securities & Exchange Commission
- Represented Audit Committee of major publicly traded company in investigation into sensitive personnel matters
- Represented major electronic health record provider in False Claims Act investigation, leading to a very favorable settlement
- Successfully advocated on behalf of major hospital system to convince prosecutors to decline to intervene in qui tam litigation, which litigation was ultimately dismissed
- Represented partners and employees of major US accounting firm in connection with criminal investigation and prosecution arising out of alleged investment fraud at prominent hedge fund
- Represented high profile witness in Hobbs Act extortion trial
Significant Trial and Appellate Experience
- Argued and won a decision regarding the proper award of attorneys’ fees under the False Claims Act, an issue of first impression in the Circuit (First Circuit)
- Trial counsel for the plaintiff, major accounting firm, in litigation in Delaware Chancery Court, resulting in significant spoilation order against defendant (Delaware Chancery Court)
- Trial counsel for the plaintiff, leading provider of de-identified electronic health records (Real World Data), in breach of contract action; won jury verdict for breach of contract and prevailed in post-trial injunction proceeding (District of Massachusetts)
- Trial counsel for the defendant, the leading maker of office headsets, in a Sherman 1, Sherman 2 and Clayton Act antitrust action between direct competitors; McDermott was brought in to try the case shortly before trial and, despite an adverse inference instruction on spoliation that was ordered prior to the Firm’s involvement, the jury deliberated for an hour before returning a complete defense verdict (District of Delaware)
- Tried numerous complex financial fraud cases before juries as a prosecutor, including as lead counsel in securities fraud, tax fraud and investment fraud cases (District of Massachusetts)*
- Obtained full acquittal after trial of general counsel of a start-up company charged with securities fraud arising out of that company’s collaboration with a high-profile internet service provider (Eastern District of Virginia)*
Compliance Advice
- Conducted compliance review for EU-based multi-national auto parts manufacturer
- Conducted risk assessment and compliance review for major US accounting firm
- Advising major US public accounting firm on Foreign Corrupt Practices Act and other compliance matters
- Conducts compliance due diligence and compliance reviews for clients in a wide variety of industries
*Matter handled prior to joining McDermott.
Recognitions
- The Best Lawyers in America, Criminal Defense: White-Collar and Litigation – Securities, 2019 to 2023
- The Best Lawyers in America, Lawyer of the Year, Criminal Defense: White Collar, Boston, 2023
- Chambers USA, Litigation: White-Collar Crime & Government Investigations, 2021 to 2023
- Legal 500 US, 2019
Credentials
Education
Boston College Law School, JD, magna cum laude, Order of the Coif 1997
University of Pennsylvania, BA, cum laude, 1994
Admissions
Massachusetts
Courts / Agencies
US Court of Appeals for the First Circuit
US Court of Appeals for the Fourth Circuit
US District Court for the District of Massachusetts