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Michael D. Ricciuti

Fax +1.617.261.3175
Mr. Ricciuti concentrates his practice in government enforcement, white collar criminal defense, securities enforcement, internal investigations, and complex civil litigation. He has represented clients – as defendants, witnesses, or victims – in federal and state criminal and securities enforcement matters and has handled a variety of state and federal civil and administrative investigations and proceedings across the country. Mr. Ricciuti has conducted internal investigations and due diligence reviews on behalf of clients, handled complex domestic and international civil commercial disputes in the United States and abroad, and handled a variety of matters related to homeland security involving foreign assets and export controls. Mr. Ricciuti also routinely handles challenging civil matters on behalf of clients. He has tried dozens of criminal and civil cases to a verdict as well as civil arbitrations. He has also been involved in dozens of matters that proceeded to appeal in the Supreme Judicial Court, Appeals Court and First Circuit, as well as numerous administrative hearings and mediations.

Mr. Ricciuti is a member of the Adjunct Faculty at Suffolk University Law School, where he has taught Constitutional Law and Criminal Procedure, a three-credit upper-level criminal course on Constitutional law and criminal process, for ten years.

Mr. Ricciuti is a member of the Federal Bar Association’s Criminal Law Section Board of Directors; a member of the Boston Bar Association’s Council and Steering Committee for the Criminal Law Section. He is listed in Best Lawyers in America for both Commercial Litigation - Defense and Criminal Defense - White Collar, as a Super Lawyer in Civil Litigation - Defense, and in the Martindale-Hubbell directory with an AV® Preeminent peer rating. He is also a member of Litigation Counsel of America, an invitation-only association of civil litigators.

Mr. Ricciuti is very active in pro bono matters. Since 2009, he has served as lead counsel on behalf of Frederick Weichel, a man who was wrongfully convicted of murder 35 years ago. In 2015, Mr. Ricciuti was lead author of an amicus brief filed on behalf of the Boston Bar Association before the Massachusetts Supreme Judicial Court in a case interpreting the new Massachusetts DNA testing statute. Mr. Ricciuti routinely devotes more than 100 billable hours to pro bono work every year. Mr. Ricciuti is also a member of the board of directors of First Literacy, a leading literacy charity in Boston.

Mr. Ricciuti is very active in the Boston Bar Association, where he chaired the Drug Laboratory Crisis Task Force, which examined the issues posed by the criminal misconduct of Annie Dookhan, a Massachusetts state chemist who falsified hundreds of drug tests used in state and federal narcotics prosecutions, the Civil Gideon Task Force, which sought to establish the right to counsel in certain civil matters, and several others.

Mr. Ricciuti has been appointed to state commissions by three different Massachusetts governors, including by Governor Baker in 2015 to the Forensic Sciences Advisory Board, a statutorily-created entity that advises the Secretary of Public Safety on all aspects of the administration and delivery of criminal forensic sciences in the Commonwealth, by Governor Patrick in 2007 to the Governor's Anti-Crime Council, and by Governor Romney in 2003 to the Commission on Criminal Justice Innovation.

Mr. Ricciuti has also been involved in educational programs and moot courts at Harvard Law School, Boston College Law School and Suffolk Law School, and has served as a guest lecturer at the United States Military Academy at West Point.

Professional Background

From 1995 to 2005, Mr. Ricciuti was an Assistant United States Attorney in Boston.  In this role, he tried more than 20 federal jury trials and handled more than 15 First Circuit appeals.  From 2002 to 2005, Mr. Ricciuti served as the first chief of the Anti-Terrorism and National Security Unit in the United States Attorney’s Office and served as the coordinator of the Massachusetts Anti-Terrorism Advisory Council, a comprehensive anti-terrorism collaboration of federal, state and local law enforcement, public safety, public health, and emergency response agencies, as well as private sector entities.  In that role, he supervised, investigated, and prosecuted matters involving national security, export control, and fraud.  From 2000 to 2002, Mr. Ricciuti served as deputy chief of the Organized Crime Drug Enforcement Task Force in the United States Attorney’s Office.  In those roles, he prosecuted a variety of federal criminal cases involving money laundering, narcotics, and public corruption.  From 1989 to 1991, Mr. Ricciuti was a trial attorney with the Employment Litigation Section of the Civil Rights Division, Department of Justice, Washington, DC, and litigated employment cases around the country.  Mr. Ricciuti won several awards and commendations while serving as a federal prosecutor and trial attorney.

Mr. Ricciuti previously served as a judicial clerk for the Honorable A. David Mazzone of the United States District Court in Massachusetts.  Mr. Ricciuti also served as an assistant district attorney in Norfolk and Middlesex Counties, Massachusetts.


  • Listed in Best Lawyers in America for both Commercial Litigation - Defense and Criminal Defense - White Collar
  • Listed as a Super Lawyer in Civil Litigation - Defense
  • Listed in Martindale-Hubbell directory with an AV® Preeminent peer rating
  • Member, Litigation Counsel of America

Professional/Civic Activities

  • Governor’s Anti-Crime Council
  • Governor’s Commission on Criminal Justice Innovation
  • Boston Bar Association, Council and Criminal Law Section, Steering Committee
  • Federal Bar Association, Criminal Law Section Board
  • American Bar Association, White Collar Crime Section
  • Moot Court Judge, Harvard Law School Ames Moot Court Competition, Harvard Law School First-Year Moot Court Program, Boston  College Law School Grimes Moot Court Competition
  • Suffolk University Law School, Adjunct Faculty Member and instructor, Constitutional Law and Criminal Procedure
  • Guest lecturer, National Security Law, United States Military Academy
  • Member, Internet Radicalization Task Force, George Washington University
  • Advisor, Harvard Law School Trial Advocacy Workshop
  • Massachusetts Federal District Court’s Committee to Select Magistrate Judge and Committee to Evaluate Magistrate Judge for Reappointment

Speaking Engagements

  • Speaker, Boston Business Journal Power Breakfast, “When the Government Comes Knocking: The Unwritten Rules of the Road,” February 23, 2016
  • Speaker, K&L Gates Webinar, “The Rising Tide in Health Care Criminal Investigations” January 21, 2016
  • Speaker, K&L Gates Webinar, “Perfect Storm: A Rising Tide in Criminal Investigations and Litigation”
  • Organizer and speaker, K&L Gates, “Emerging Trends and Responses in Government Enforcement”
  • Speaker, Boston Bar Association, “Practicing with Professionalism Program,” October 17, 2014
  • Co-moderator, Boston Bar Association, “Annual Bench-Bar Conference,” October 10, 2007
  • Co-moderator, Boston Bar Association, “CLE - Whistleblowers: A Practical Discussion of How to Respond to Claims and Address Risks,” June 16, 2014
  • Moderator, Federal Bar Association, US District Court - Mass., “Federal Sentencing Panel”
  • Organizer and Presenter, K&L Gates Webinar, “False Claims Act Liability for Grant Misconduct: Colleges, Universities and Non-Profits,” May 22, 2013
  • Organizer and Presenter, Boston Bar Association, “False Claims Act Liability: Colleges, Universities, and Non-Profits,” April 10, 2013
  • Moderator, Boston Bar Association, “The New Whistleblower Regime under Dodd-Frank: The First 18 Months,” January 14, 2013
  • Presenter, Manulife Global Compliance Conference, “Anti-Money Laundering/Anti-Terrorist Financing”
  • Panelist, Boston Bar Association, “Anatomy of An Appeal”
  • Guest lecturer, United States Military Academy, “Anti-Terrorism Law and Practice” Panel Moderator, Boston Bar Association, “Securities Fraud 2010: The “New Deal” at the SEC, Insider Trading and a White Collar Trial, April 6, 2010
  • Moderator, Federal Bar Association Annual Meeting and Convention, “Sentencing After Booker,”, 2009
  • Co-organizer and moderator, Boston Bar Association, “Top Guns 2009: Public Corruption,” February 23, 2009
  • Co-organizer and moderator, Boston Business Journal, “Pre-Trial Detention in Federal Court”
  • Participant, U.S. Army War College, Carlisle Barracks, Pennsylvania, “Strategy Implementation Seminar”
  • Presenter, K&L Gates, “Export Regulatory Compliance Update”
  • Organizer and Presenter, International Enforcement, “2000: The Long Arm of US Criminal and Regulatory Law” (2007)
  • Co-moderator, Boston Bar Association, “Annual Bench-Bar Conference,” September 26, 2006
  • Panelist, This Week in Business (NECN cable television), “Stock Option Backdating” (2006)
  • Guest lecturer, United States Military Academy, National Security Law, “Anti-Terrorism Law and Practice” (2003-present)
  • Panelist, Internal Investigations (K&L Gates, Harrisburg, Pennsylvania, 2006)
  • Panelist, Financial Markets World, “Anti-Money Laundering in the Securities & Investment Industries” (2006)
  • Presenter, Eastern Massachusetts Compliance Network, Annual Meeting, “Banks, SARS and the Investigation of Financial Crimes: A Prosecutor’s Perspective” (2005)
  • Presenter, Society for Scholarly Publishing, Annual Conference, “The USA PATRIOT Act and Homeland Security” (2005)
Among the criminal matters Mr. Ricciuti has handled are as follows:

  • Pharma/Heath Care Fraud: Represented six employees of three different pharmaceutical companies in three federal criminal investigations from 2007 to 2015. No charges brought against any of the employees.
  • In re Stock Fraud Investigation: Represented two individuals charged in connection with an undercover stock fraud investigation.
  • United States v. Chiquita Brands International:  Represented independent board members in action involving alleged violations of International Emergency Economic Powers Act.
  • In Re TJX Computer Hacking: Represented software manufacturer in federal criminal investigation of TJX computer hacking and identify theft. No charges brought against software manufacturer.
  • Big Dig Ceiling Collapse:  Represented Massachusetts Turnpike Authority in criminal and NTSB investigations of fraud and other offenses regarding Central Artery/Tunnel Project (Big Dig) ceiling collapse.
  • Public Integrity:  Represented public sector clients in public integrity investigations, including a federal law enforcement agent against whom threatened charges were dropped. 
  • Computer Crime: Represented clients in computer hacking cases.
  • Representation of Victims of Fraud:  Represented victims in federal criminal fraud prosecutions.  Represented victim and software manufacturer in the TJX computer hacking case and twice successfully advocated that federal charges be brought in cases where clients had been victimized by fraud.
  • Commonwealth v. Frederick Weichel: Represent man in Norfolk Superior Court who was wrongfully convicted of murder and sentenced to life in seeking a new trial. Matter pending.
  • In Re Fraud Investigation: Represented a target of a federal tax fraud investigation. After presentation to US Attorney’s Office, investigation closed without charges against client.
  • In Re Jeffrey Auerhahn: Represented Assistant United States Attorney in federal disciplinary action brought before three-judge panel in US District Court in Boston. Prevailed before panel and First Circuit.
  • Commodity Futures Trading Commission v. Stephen Walsh, Paul Greenwood, Westridge Capital Management, Inc., WG Trading Investors, LP, WGIA, LLC: Represented two public pension funds victimized by an approximately half-billion dollar fraud perpetrated by the co-operators of a commodities trading pool, Westridge Capital Management, which served institutional investors; case was resolved after litigation in the Southern District of New York and Second Circuit brought in the wake of criminal and civil actions filed by the US Attorney’s Office, SEC and Commodities Futures Trading Commission. Public pension funds recovered approximately 94% of their investments.
  • Other Criminal:  Represented clients in state and federal criminal matters involving such offenses as fraud, environmental crime, and export control. 

Securities Enforcement:   Represented clients in investigations and proceedings before the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA, formerly NASD), the Massachusetts Attorney General’s Office, and the Massachusetts Secretary of State's Office.

Internal Investigations:  Conducted internal investigations on behalf of clients and assisted in evaluating criminal, regulatory, or civil exposure. 

Administrative Actions:  Represented clients in investigations and proceedings before federal and state administrative agencies, including the Office of Foreign Assets Control (OFAC), the Federal Deposit Insurance Corporation (FDIC), the Department of Housing and Urban Development (HUD), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Public Company Accounting Oversight Board (PCAOB), the Offices of the Inspector General (OIG) for several federal agencies, Attorneys General (AG) offices in several states, and other state regulators in Massachusetts and elsewhere.  

Civil Litigation: 
Among the civil matters Mr. Ricciuti has handled are as follows:

  • Arbitrations: Represented two different clients as plaintiffs in arbitrations that proceeded to hearing and prevailed in both.
  • Occupy Boston: Represented City of Boston in action brought in Suffolk Superior Court by “Occupy Boston” protestors to permanently occupy a public park. Prevailed at contested preliminary injunction evidentiary hearing.
  • Central Bank of Ecuador et al. v. Ansbacher (Bahamas) Ltd., et al.: Represented Central Bank of Ecuador in major bank fraud case brought in Nassau, Bahamas and London, England. Central Bank prevailed on appeal to the Judicial Committee of The Privy Council (JCPC), the court of final appeal for UK overseas territories and Crown dependencies.
  • Real Estate Bar Association v. National Real Estate Information Services, et al.: Represented real estate settlement services company in action before the US District Court, First Circuit and Supreme Judicial Court involving legal practice and interstate commerce clause issues.
    Armenian Genocide Museum and Memorial v. Cafesjian, et al.:  Represented the Armenian Assembly of America and Armenian Genocide Museum and Memorial in a federal trial against former officer and director in breach of fiduciary duty case.
  • False Claims: Represented clients in investigations and litigation arising under the federal False Claims Act.  
  • Arbitrations:  Represented clients in arbitrations, including FINRA arbitrations.

  • Commonwealth v. Wade - Lead lawyer for a pro bono amicus brief filed on behalf of the Boston Bar Association in the Massachusetts Supreme Judicial Court (SJC) in a matter concerning the rights due to a defendant under the Massachusetts DNA testing statute and an issue concerning the attorney-client privilege.
  • Real Estate Bar Ass'n for Massachusetts, Inc. v. National Real Estate Information Services, 459 Mass. 512 (2011) - Lead lawyer in brief and argument for defendant NREIS in a matter in which the SJC responded to certified questions from the First Circuit regarding the definition and scope of the practice of law in real estate matters.
  • In re Auerhahn, 724 F.3d 103 (1st Cir. 2013) - Lead lawyer in briefing and argument in the First Circuit on behalf of a federal prosecutor in a disciplinary matter in which the prosecutor was charged with professional misconduct. Prevailed on appeal.
  • The Real Estate Bar Association v. National Real Estate Information Services, Inc., 608 F.3d 110 (1st Cir. 2010) - Lead lawyer in briefing and argument in the First Circuit on appeal from grant of summary judgment and award of attorney’s fees on behalf of our client, NREIS, by the district court. Judgment vacated and questions certified to Supreme Judicial Court.
  • C.A. Crowley Engineering, Inc. v. City of Boston, Docket No. 2010-P-2000 (Mass. App. Ct. 2010) - Lead lawyer in briefing on appeal in the Massachusetts Appeals Court from summary judgment entered on behalf of our client, City of Boston, by the Superior Court on an arbitration award. Case settled and dismissed after briefing.
  • Vermont Pure Holding, et al. v. Nestle Waters North America, et al, Docket No. 07-1657 (2007) - Co-counsel on successful motion for summary disposition on a civil discovery issue before the First Circuit.