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Peter D. Hardy, a former federal prosecutor, is a principal in the firm’s national White Collar Defense, Compliance & Risk Management Practice Group. His practice focuses on the counseling and defense of corporations, directors, officers, managers, professionals and others, across a broad spectrum of industries, who may face allegations of business-related or other misconduct. For examples of representative clients and results of the White Collar Group, please click here.
Mr. Hardy has significant experience in complex criminal matters at the investigative, trial, and appellate levels. Before coming to Post & Schell, Mr. Hardy served for six years as an Assistant United States Attorney for the U.S. Attorney's Office in Philadelphia, and for five years as a Trial Attorney for the Department of Justice, Tax Division in Washington, D.C. Prior to joining the Department of Justice, Mr. Hardy served as a judicial law clerk for U.S. District Judge George E. Woods, and for U.S. Court of Appeals Judge Cornelia G. Kennedy, in Detroit, Michigan.
Mr. Hardy has particular expertise in tax fraud, voluntary disclosures to the IRS, financial institution crime, money laundering, mortgage fraud, securities fraud, health care fraud, identity theft, public corruption, and allegations of civil fraud. Mr. Hardy also co-founded the firm's Data Protection Group, which works with clients to prevent or minimize data security breaches before they happen, and assist clients in responding to such breaches if they do occur.
He is the author of a national treatise entitled Criminal Tax, Money Laundering, and Bank Secrecy Act Litigation (Bloomberg BNA 2010), a comprehensive analysis of the legal, strategic and pragmatic issues that can arise during every stage of such cases. Well-reviewed by prominent members of the national criminal tax and white collar bar, the treatise and its summary, table of contents, and reviews are available at: http://www.bna.com/criminal-tax-money-p17179870254/.
At the Department of Justice, Mr. Hardy tried cases in many federal districts, reviewed proposed prosecutions throughout the country, either as separate criminal tax cases or as part of larger corruption or fraud cases, and contributed to the Department’s Criminal Tax Manual. His work earned him the Outstanding Attorney Award from the Tax Division.
Mr. Hardy also has significant federal appellate experience having briefed and argued matters in the Court of Appeals. The Court has published opinions in his cases in the areas of theft from federally funded programs, search warrants, failure to file tax returns, the receipt of child pornography, cruel and unusual punishment, and various aspects of the federal Sentencing Guidelines.
Mr. Hardy serves on the Board of Rebuilding Together Philadelphia, a charitable organization dedicated to preventing homelessness by partnering with the community to rehabilitate the homes of elderly, disabled, and low-income homeowners. He further serves as an adjunct professor at the Villanova University School of Law, co-teaching a class on criminal and civil tax penalties in the graduate tax law program.
Areas of Practice
District of Columbia, 1997
Co-author, "In the Wake of Southern Union, Do Juries Need to Determine Criminal Restitution?," The Legal Intelligencer, December 27, 2012
Co-author, "New Amendments to Sentencing Guidelines for Securities Cases," The Legal Intelligencer, October 24, 2012
Co-author, "Protocol for Discovery of Electronic Data in Criminal Cases," The Legal Intelligencer, August 22, 2012
Co-author, "Navigating the Brave New World of Immigration Enforcement," The Legal Intelligencer, August 9, 2012
Co-author, "Government Continues the Hunt for Offshore Account Holders," The Legal Intelligencer, February 21, 2012
Co-author, "Courts Show Continued Deference to Broad Electronic Searches," The Legal Intelligencer, December 21, 2011
Co-author, "Obtaining Federal Grand Jury Materials: Lessons from the Stevens Decision," The Legal Intelligencer, May 9, 2011
"Government Ups Pressure in Fight Against Undisclosed Offshore Accounts," The Legal Intelligencer, January 31, 2011
"Criminal Tax, Money Laundering, and Bank Secrecy Act Litigation," BNA Books, November 2010
Co-author, "Tax Enforcement," American Bar Association: The State of Criminal Justice 2010, April 2010
Co-author, "Protecting Patient Data -- New Rules, New Headaches, Risk Management: What Board Members and Senior Managers Need to Know," AHLA Business Law and Governance Practice Group Executive Summary, April 2010
"Watch for Potential Trouble if Clients Engage in Undisclosed Offshore Activities," Pennsylvania CPA Journal, Fall 2009
Chapter regarding Best Practices by Health Care Organizations, Book: "Corporate Governance Safeguards Against White Collar Infractions," Inside the Minds Series by Aspatore Books, July 2009
Co-author, "Parallel Proceedings and the Perils of the Adverse Inference," Journal of Health & Life Sciences Law, Volume 2, No. 4, July 2009
Co-author, "Expanded False Claims Liability," ALM Business Crimes Bulletin, July 2009
"The Emergence of Money Laundering Allegations in Healthcare Cases: What Board Members and Managers Need to Know," AHLA Business Law and Governance Practice Group Executive Summary, May 2009
Co-author, "Tax Enforcement," American Bar Association: The State of Criminal Justice 2009, May 2009
"Preventing Data Breaches: HIPAA Compliance and the Red Flag Rules," Compliance Today, April 2009
"Deferred Prosecution Agreement Struck With Swiss Bank UBS as Government Tightens Enforcement Net Around Foreign Accounts," ABA CJS White Collar Crime Committee Spring Newsletter, March 2009
"Undisclosed Foreign Bank Accounts: Is the IRS Voluntary Disclosure Program a Way Out?" ALM Business Crimes Bulletin, November 2008
"The Money Laundering Hammer: A Chink in the DOJ's Armor?" ALM Business Crimes Bulletin, September 2008
Publications - Full Text Available
Quoted in Switzerland's Oldest Bank Shuts Down. Does it Mean the End of Super-Secret Banks?, Economic Times of India (January 20, 2013), available at http://articles.economictimes.indiatimes.com/2013-01-20/news/36432605_1_wegelin-konrad-hummler-swiss-banks.
Quoted in "Is Klein on the Ropes?" Tax Analysts, 2012 TNT 244-1 (12/19/12)
Guest Blogger: "Second Circuit Vacates Part of Tax Shelter Case" at http://lawprofessors.typepad.com/whitecollarcrime_blog/, December 4, 2012
Quoted in "Second Circuit Reverse Convictions of 2 Former E&Y Shelter Promoters, Tax Analysts, 2012 TNT 231-1 (11/30/12)
Podcast: "IRS Tax Disclosures By High-Income Individuals," Accounting Today, January 11, 2011, available at http://www.accountingtoday.com/podcasts/IRS-Tax-Disclosures-High-Income-Individuals-56889-1.html.
Interview: "Q&A: . . . Future of Money Laundering and Offshore Asset Enforcement," The Wall Street Journal's "Corruption Currents" Blog, January 6, 2011, available at http://blogs.wsj.com/corruption-currents/2011/01/06/qa-peter-hardy-of-post-schell-on-future-of-money-laundering-and-offshore-asset-enforcement/tab/print/
Interview: "HIRE Act a 'Game Changer' in Fight Against Bank Secrecy, Says Former [Assistant] U.S. Attorney," MoneyLaundering.Com, December 28, 2010, available at http://www.postschell.com/docs/publications/547.pdf
Interviewed on Fox Business News, at http://video.foxbusiness.com/v/4441689/hungry-for-cash-us-hunts-offshore-accounts, November 30, 2010.
Quoted in "Avoiding Offshore Pitfalls," at http://www.portfolio.com/industry-news/banking-finance/2010/11/23/offshore-accounts-can-be-a-valuable-tool-for-small-business, November 23, 2010.
Guest blogger on Obtaining Foreign Evidence Blog, "Government Satisfied and Moves to Dismiss UBS Deferred Prosecution Agreement," at http://obtainingforeignevidence.blogspot.com/2010/10/government-satisfied-and-moves-to.html, October 27, 2010.
Quoted in: "U.S. Seeks to Dismiss UBS Criminal Tax Evasion Case" at http://www.reuters.com/article/idUSTRE69L3XH20101022?feedType=RSS&feedName=domesticNews&rpc=22&sp=true, October 22, 2010
Quoted in: "HSBC Clients Scrutinized In U.S. Tax Evasion Probe" at http://www.reuters.com/article/idUSTRE66608720100707?feedType=RSS&feedName=businessNews, July 6, 2010
Quoted in: "Urteil Schützt 4200 UBS-Steuersünder" (UBS Ruling Protects 4,200 Tax Dodgers), SonntagsBlick, at http://www.blick.ch/news/schweiz/politik/urteil-schuetzt-4200-ubs-steuersuender-138655, January 24, 2010
Guest blogger: "NACDL's 5th Annual Defending the White Collar Case Seminar - Choppy Waters - The Ethics of Privilege and Disclosure," at http://lawprofessors.typepad.com/whitecollarcrime_blog/2009/10/nacdls-5th-annual-defending-the-white-collar-case-seminar-choppy-waters-the-ethics-of-privilege-and-.html, October 1, 2009
Quoted in: "UBS to Detail Some U.S. Accounts, Others Face Scrutiny," Reuters.com, at http://www.reuters.com/article/newsOne/idUSLJ59987220090819, August 19, 2009
Quoted in: "Swiss Cabinet Meets on UBS as U.S. Tax Talks Drag," Reuters.com, at http://www.reuters.com/article/euRegulatoryNews/idUSLA66021720090810, August 10, 2009
Interview: "U.S. judge awaits Washington's response in UBS case," World Radio Switzerland, at http://worldradio.ch/wrs/news/switzerland/us-judge-awaits-washingtons-response-in-ubs-case.shtml?14929, July 10, 2009
Quoted in: "Judge Asks if U.S. Gov't Would Shut UBS in Tax Fight," Reuters.com, at http://www.reuters.com/article/euRegulatoryNews/idUSL849735520090708?sp=true, July 8, 2009
Guest Blogger: "Sentencing - Tomko," at White Collar Crime Prof Blog, April 20, 2009
Quoted in "Reaction in the U.S.A." Hossli.com, at http://www.hossli.com/articles/2009/03/15/reaktionen-in-den-usa/, March 15, 2009
Quoted in: "Diamanten aus der Tube," ("Diamonds from the Tube"), Die Weltwoche, ("The World Week"/Zurich, Switzerland), February 26, 2009
Quoted in: "Swiss Bank to Give Up Depositors' Names to Prosecutors," Wall Street Journal, February 19, 2009
Quoted in: "Tax Evaders Come Clean With the IRS" Wall Street Journal, November 24, 2008
Quoted in: "Liechtenstein Agreement to Propel UBS U.S. Tax Case," Wealth Briefing, December 11, 2008
American Bar Association: Criminal Justice Section, White Collar Crime Committee and Section of Taxation, Civil and Criminal Tax Penalties Committee.
National Association of Criminal Defense Lawyers, White Collar Crime and Amicus Curiae Committees
American Health Lawyers Association
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Eastern District of Pennsylvania
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Fourth Circuit
Bachelor of Arts, Philosophy and Psychology, University of Michigan, 1991 Graduated with highest distinction; member, Phi Beta Kappa
Juris Doctor, University of Michigan Law School, 1994 Cum Laude; Louis Honigman Award for Greatest Contribution to Journal of Law Reform; Executive Note Editor of the University of Michigan Journal of Law Reform
Co-Presenter, Webinar: "Navigating The Brave New World of Immigration," hosted by Post & Schell on October 2, 2012.
Co-Presenter, "Protecting Assets: Yours and Your Client's," Federal Bar Association, Criminal Law Committee, at the Philadelphia offices of Montgomery McCracken, May 18, 2012.
Webcast for CLE: "White Collar Sentencing Issues For Money Laundering and Tax, Securities and Mortgage Fraud Cases," West LegalEd Center, January 25, 2012.
Webcast for CLE: "The Money Laundering Trap: How to Avoid It, and How to Climb Out of It," West LegalEd Center, December 8, 2011.
Co-Presenter, "View from the Bench and Trial Counsel: Effective Financial Expert Testimony," Forensic & Litigation Services Conference of the Pennsylvania Institute of Certified Public Accountants, King of Prussia, PA, November 17, 2011.
Co-presenter; “Criminal Tax Cases: Hot Buttons and Hot Topics,” American Bar Association Annual Meeting, Toronto, Canada, August 6, 2011
Webast for CLE: "Tax Fraud 2011: Offshore Accounts, FATCA, and Changes You Should Know," West LegalEd Center, April 5, 2011, available at http://westlegaledcenter.com/program_guide/course_detail.jsf?courseId=35479251.
Co-Presenter, "Ethically Navigating the Modern Tax Fraud Case Post-UBS," National Association of Criminal Defense Lawyers' White Collar Seminar, Fordham Law School, New York, New York, October 1, 2010
Co-Presenter, "Document Production at the Grand Jury Stage: Best Practices and Pitfalls," for the White Collar Practice Committee of the Pennsylvania Association of Criminal Defense Lawyers, at the Philadelphia offices of Post & Schell, June 17, 2010
Co-Presenter, “Defusing Data Privacy, Confidentiality & Security Land Mines,” The 16th Annual Health Law Institute of the Pennsylvania Bar Institute, at the Pennsylvania Convention Center, March 12, 2010.
Co-Presenter, “Conference Room Advocacy: Best Practices for Representing Health Care Clients in Negotiations with Prosecutors and Regulators,” ABA Litigation Section and Healthlaw Committee Teleconference/Webcast, March 8, 2010.
"Brave New World of Tax Enforcement: UBS, International and Corporate Criminal Tax Issues," Pennsylvania Association of Criminal Defense Attorneys White Collar Practice Seminar, Philadelphia Ritz Carlton, November 13, 2009 (moderator of panel featuring Kevin M. Downing, Department of Justice, Criminal Enforcement Section, Tax Division, Scott D. Michel, Caplin & Drysdale, and Mathew Kutz, Special Agent, IRS-CI)
"The KPMG Tax Shelter Prosecution: Trial Issues," Pennsylvania Association of Criminal Defense Attorneys White Collar Practice Seminar, Philadelphia Ritz Carlton, November 13, 2009 (moderator of panel featuring Richard M. Strassberg, Goodwin Proctor, LLP, and Craig D. Margolis, Vinson & Elkins, LLP)
"Information Privacy and Security," Fall 2009 Conference of the Insurance Internal Audit Group, Springfield, Massachusetts, October 9, 2009
"Overseas Financial Accounts: Reporting Requirements and Mounting Scrutiny," 20th Annual Conference of Association of Certified Fraud Examiners, Las Vegas, Nevada, July 13, 2009
Co-presenter, "Hackers, Slackers & Packers: Preventing Data Loss & Dealing with the Inevitable," for the 7th Annual Higher Education conference of the Society of Corporate Compliance and Ethics, Austin, TX, June 2, 2009
"Forensic Fraud Investigations: What a Prosecutor Likes to See, and What a Defense Attorney Likes to See," for the Association of Government Accountants, Philadelphia Chapter, April 22, 2009
Co-Presenter, “Preparing for the Breach: Significant Expansions in Data Privacy Laws,” webinar broadcast, April 7, 2009.
Co-Presenter, “Conference Room' Advocacy: Favorably Resolving Your Client's Matter With the Government,” The 15th Annual Health Law Institute of the Pennsylvania Bar Institute, at the Pennsylvania Convention Center, March 12, 2009.
Guest Lecturer at Villanova University School of Law on February 9, 2009 on the topic of federal grand jury investigations, before the Advanced Problems in Federal Crime class.
"Foreign Bank Accounts and the UBS Investigation: Growing Scrutiny, Voluntary Disclosure, and Pending Legislation" for the American Association of Attorney-Certified Public Accountants; November 13, 2008, Union League in Philadelphia
"Recent Developments in the Law of Money Laundering," for the Federal Bar Association, Criminal Law Committee, at the Philadelphia offices of Post & Schell, October 16, 2008