- Health Care Fraud Defense and Compliance Counseling
- Private Funds Advisory & Enforcement Defense
- Regulatory Enforcement Defense
- Securities Arbitration & ADR
- Securities & Complex Commercial Litigation
- White Collar Defense, Investigations & Compliance Counseling
- J.D., Georgetown University Law Center, 1987
- B.S. (cum laude), Syracuse University, College of Arts and Sciences, 1984
- District of Columbia
- New York
- Pennsylvania (Inactive)
- U.S. Supreme Court
Lionel André is a highly experienced litigator addressing investigation and white collar issues. He brings unique and significant work experience of over thirteen years of SEC investigation and litigation experience and over sixteen years of DOJ criminal trial experience.
Most recently, Mr. André served as Assistant United States Attorney in the Fraud and Public Corruption Section in the United States Attorney's Office for the District of Columbia. At the U.S. Attorney’s Office, he served as Senior Litigation Counsel and Health Care Fraud Coordinator in the Fraud and Public Corruption Section. Mr. André prosecuted criminal matters from grand jury to verdict in the United States District Court for the District of Columbia. He conducted numerous investigations involving wide-ranging violations of both federal and local criminal laws, using a variety of investigative tools, including wire interceptions, administrative and grand jury subpoenas, covert operations, cooperating witnesses, and search warrants. Mr. André supervised teams of investigators from various federal and local law enforcement agencies including the Federal Bureau of Investigation, Postal Inspection Service, U.S. Secret Service, U.S. Department of Homeland Security, U.S. Health & Human Services, and the Internal Revenue Service’s Criminal Investigation Division where his caseload included matters involving healthcare fraud, off-label marketing schemes, pharmaceutical fraud, federal procurement fraud, false claims, campaign finance violations, public corruption, securities fraud, money laundering, and environmental crimes.
Prior to that, Mr. André spent time at the United States Securities & Exchange Commission as Assistant Chief Litigation Counsel (1999-2001), Senior Counsel (1990-1999), and Staff Attorney (1987-1990), Division of Enforcement. He prosecuted violators of federal securities laws and handled numerous matters in the areas of financial fraud, executive compensation, auditor independence, Foreign Corrupt Practices Act, broker-dealer regulation and supervision, Internet fraud, micro-cap stock manipulation, "prime bank" securities fraud, unregistered distribution of securities, self-dealing by fund managers, and insider trading.
Mr. André earned the U.S. Attorney's Office Special Achievement Award on six occasions in recognition of meritorious service and sustained superior performance. In 2021, Mr. André was recognized in “The Best Lawyers in America” for his work in Criminal Defense: White Collar. In 2016, he received the Federal Bureau of Investigation Commendation, awarded for the successful prosecution of U.S. v. Florence and Michael Bikundi, (largest healthcare fraud case in the District of Columbia history). Mr. André received the Federal Bureau of Investigation Commendation in 2012, which was awarded for Outstanding Prosecutorial Assistance to the Federal Bureau of Investigation on local public corruption matters. While at the Securities and Exchange Commission, he was awarded the Director’s Award in recognition of Outstanding Contribution to the Enforcement of the Federal Securities Laws in 2000.
Significant Prosecutions, Fraud & Public Corruption Section United States Attorney’s Office
U.S. v. Florence Bikundi & Michael Bikundi (November 2015). After a jury trial, the defendants were convicted of conspiracy, health care fraud and money laundering in an $80 million home health care fraud scheme.
U.S. v. Marc T. Duchesne, (June 2015). Defendant pled guilty to a securities fraud charge and wire fraud stemming from two separate schemes that resulted in investors losing over $4 million.
U.S. v. Jacqueline L. Wheeler, (July 2012). After jury trial, defendant Wheeler was convicted of one count of Health Care Fraud, and 34 counts of false statements in health care matters for defrauding D.C. Medicaid by submitting over $7 Million in false claims.
U.S. v. Dr. Ehigiator Akhigbe, (December 2009). After jury trial, defendant Akhigbe was found guilty of one count of Health Care Fraud and sixteen counts of false statements in health care matters. Dr. Akhigbe billed D.C. Medicaid for invasive surgical procedures that he never performed.
U.S. v. Ikela Dean, (November 2008). After jury trial, former D.C. Government Official was convicted of Bribery and Extortion.
Significant Cases, United States Securities and Exchange Commission
Securities and Exchange Commission v. Douglas W. Colt et al., Civil Action No. 00 Civ. 0423 (D.D.C) (Filed March 2, 2000) (Internet based company called “Fast-Trades.Com” engaged in a pump-and-dump scheme masterminded by four Georgetown University law students).
Securities and Exchange Commission v. James J. McDermott, Jr., Kathryn B. Gannon (aka Marylin Star) and Anthony Pomponio, Civil Action No. 99 Civ. 9950 (S.D.N.Y.) (Filed December 22, 1999) (Insider trading involving former Chairman and CEO of investment banking firm who provided insider tips to an adult movie actress concerning six bank merger deals. This case was the basis of a Law and Order episode on television.)
Securities and Exchange Commission v. Roy Handojo, Civil Action No. 97 Civ. 6805 (S.D.N.Y.) (Filed September 12, 1997) (Insider trading involving an analyst who worked at an investment banking firm).
Securities and Exchange Commission v. Irving M. Mangel, Samuel L. Mangel, Thomas J. Ciocco, and Edward W. Maskaly, Civil Action No. 97-1977 (D.D.C.). Litigation Release No. 15465, August 28, 1997. Accounting and Auditing Enforcement Release No. 947/ August 28, 1997 (Accounting fraud and books and records violations).
- D.C. Bar Health Law Section Steering Committee
- William B. Bryant American Inn of Court
- Designated Master
- Association of Assistant United States Attorneys for the District of Columbia
- Executive Board
- National Bar Association
- National Black Prosecutors Association
Awards and Recognition
The New Administration: What Changes to White Collar Investigations and Prosecutions Should Businesses and Individuals Expect from the Biden Administration?
DOJ Announces Formation of Nursing Home Task Force
Telemedicine – The Next Frontier for DOJ Scrutiny?
Health Law360 | (09/21/2018)
Seminars and Presentations
Panelist, "Health Care Fraud & False Claims Act"
02/23/2021 | (02/23/2021)
Murphy & McGonigle CLE Series - The New Administration: What Changes to White Collar Investigations and Prosecutions Should Businesses and Individuals Expect from the Biden Administration?
02/23/2021 | (02/08/2021)
Murphy & McGonigle 2018 CLE Breakfast Series: Best Practices in Internal Investigations
05/17/2018 | (05/08/2018)