Areas of Practice
- New York
- U.S. Supreme Court
- U.S. Courts of Appeal for the Second and Sixth Circuits
- U.S. District Courts for the Northern, Western and Southern Districts of New York
- U.S. District Courts for the Northern and Southern Districts of Ohio
- U.S. District Court for the District of Vermont
- U.S. Tax Court
B.A. with high honor, Michigan State University, 1994
J.D., Order of the Coif, Vanderbilt University, 1997
Tim is a white collar defense attorney with extensive trial, appellate, and grand jury experience in federal and state courts. He represents corporate and individual clients in white-collar criminal cases, complex fraud cases, tax cases, environmental cases, and joint defense matters at the federal, state, and local levels. Tim is experienced in helping clients obtain exoneration, avoid charges, receive immunity, and in negotiating other favorable resolutions. He is equally experienced in the courtroom, where he has won acquittals in jury trials and outright dismissals in charged federal and state criminal cases. Deeply versed in all aspects of federal criminal practice, he also has extensive experience leading internal investigations.
Tim is an accomplished appellate advocate as well. He regularly appears in federal and state appellate courts, having argued 40 appellate matters. He has presented argument in 33 cases before the United States Court of Appeals for the Second Circuit. He recently won a unanimous decision from the New York Court of Appeals, New York’s highest court that reversed his client’s conviction and resulted in dismissal of the indictment.
In addition, Tim handles federal administrative investigations and suspension and debarment matters across a broad spectrum of federal agencies, including the Department of Homeland Security, Department of Labor, Environmental Protection Agency, and the Internal Revenue Service.
He likewise represents clients in state and local investigations and administrative matters involving the Office of the New York State Attorney General, Office of the New York State Comptroller, New York State Department of Environmental Conservation, New York State Department of Financial Services, and New York State Department of Taxation and Finance, among other agencies. He has significant criminal tax investigation and representation experience.
Tim has extensive experience handling False Claims Act investigations and matters on behalf of defendants in a diverse range of industries. His False Claims Act practice includes Medicare and Medicaid, pharmaceutical, and health care matters; government grants; defense contracting; tax; federal securities law; and procurement. His past representations have provided him with a thorough understanding of the factors relevant to both successfully prosecute and defend False Claims Act matters.
In addition, Tim litigates various other civil, constitutional, Surrogate’s Court, and commercial matters, including having represented a family who lost a loved one in the tragic crash of Continental Connection Flight 3407 in Clarence Center, New York, and litigating a constitutional challenge to the 2008 Amendments to New York State’s Wicks Law. He is experienced in class action and collective action matters, as well as original proceedings and petitions in New York state courts.
Tim is regularly called upon by federal courts to provide pro bono representation to litigants in trial and appellate matters.
Prior to joining Hodgson Russ in 2015, Tim was a partner at a large Buffalo law firm, where he co-chaired and led its white-collar defense practice team from 2008 to 2015. He previously served for seven years as an assistant federal public defender in Buffalo. He began his career as a litigation associate at Vorys, Sater, Seymour and Pease LLP in Columbus, Ohio.
- Listed, Buffalo Business First/Buffalo Law Journal Legal Elite Top 10, 2015
- Listed, Buffalo Business First/Buffalo Law Journal Legal Elite of WNY, 2013-2016
- Listed, Upstate New York Super Lawyers, 2012 - 2016
- Listed, Buffalo Business First/Buffalo Law Journal Who’s Who in Law, 2009, 2011, 2012
- Order of the Coif
- Phi Beta Kappa
- Representation of a Business And Its Target Owner in a Federal Public Corruption Investigation. Business Owner Received Immunity and Neither Client Was Charged.
- Representation of a Company and Its Owner in a Federal Major Fraud Investigation Related to Federal Set-Aside Contracting. Secured Dismissal of All Charges Dismissed by Pre-Trial Diversion Agreement. The Company Was Not Charged.
- Representation of an Engineering Professional in a Federal Trade Secrets Theft Investigation. Client Was Not Charged.
- Representation of Business and Executives in Investigation by The New York City Department of Investigation. Matter Resolved Without Litigation or Business Suspension.
- Representation of Business and Owner in Federal Environmental and Tax Investigation, Including Conducting Internal Investigation. Matter Resolved with Favorable, Reduced Plea Resolution, Global Resolution of All Issues and Administrative Litigation
- Representation of Canadian Client Charged with Federal Felony Immigration Offense. Matter Resolved with Plea to False Statement Charge and Client Sentenced to Time Served.
- Representation of Canadian Client Charged with Felony Immigration and False Statement Offenses. Matter Resolved by Plea to a Misdemeanor and Unsupervised Probation.
- Representation of Canadian Client Charged with Ten-Year Mandatory Minimum Importation Offense. Obtained Dismissal of All Charges.
- Representation of Client Charged with Federal Bank Robbery Offense. Won Acquittal at Trial.
- Representation of Client Charged with Federal Criminal Immigration Violations. Won Acquittal at Trial.
- Representation of Client Charged with Federal False Statement Offenses. After Defense Investigation, Notification of Defenses and Preparation for Trial, Won Dismissal of All Charges by the Government.
- Representation of Client Charged with Federal Firearms Offense. Won Acquittal at Trial.
- Representation of Client in Federal Public Corruption Investigation. Client Was Not Charged.
- Representation of Client in Southern District of New York Public Corruption Investigation. Client Was Not Charged.
- Representation of Employee in a Heavy Industry Facility in Federal Environmental Grand Jury Investigation. Client Received Immunity and Was Not Prosecuted.
- Representation of Employees of Recycling Facility in Federal Environmental Grand Jury Investigation. Clients Not Charged.
- Representation of Manager in a Heavy Industry Facility in a Grand Jury Investigation. Client Received Immunity and Was Not Prosecuted.
- Representation of Multiple Clients Charged with Ten-Year Mandatory Minimum Offenses and Obtained Reduced Charges and Probation or Time Served Sentences.
- Representation of Non-Profit Organization in OSHA Violation and Administrative Litigation Stemming from a Death Caused by a Workplace Violence Incident.
- Representation of Not-For-Profit Organization in Surrogate’s Court Bench Trial Challenging Investment Decisions Made by the Foundation’s Directors. After Trial, Won Written Decision in Favor of Client.
- Representation of Police Officer Charged with Stalking Offenses. Matter Resolved Without Termination. Client Continued in His Employment as a Police Officer.
- Representation of Police Officer in Administrative Litigation, Challenging His Termination for Use of Deadly Force. Termination Decision Was Overturned by Arbitrator, Client Was Reinstated to the Police Force, and Back Pay Was Ordered.
- Representation of Subject Employees of Professional Services Firm in Federal Contracting Fraud and Public Corruption Investigation. Clients Not Charged.
- Representation of Various Businesses and Taxpayers in Federal and State Administrative and Criminal Tax Investigations, Reviews and Audits, with Matters Resolved by Amendment of Returns, Successful Conclusions of Audits, and Resolutions.
- Successful Challenges to Overbroad and Unsupported Special Conditions of Probation and Supervised Release, Including Computer Monitoring Conditions, Debt Conditions, Child Visitation Conditions, and Affiliation/Organizational Restrictions.
- Successful Defense of Multiple Federal False Claims Act Investigations Including Corporate Representation and Representation of Business Executives.
- Successful Litigation of Motions to Suppress Leading to Dismissal in Dozens of Criminal Cases.
- Successful Sentencing Motion Practice to Obtain Downward Departures or Non-Guidelines Sentences for Scores of Clients, Including Probationary Sentences When Charged with Mandatory Minimum Offenses.
- Buffalo Business First, November 29, 2016
- Sixty-three Hodgson Russ Attorneys Named to 2016 Upstate New York Super Lawyers, Hugh Russ Listed Among Top 50Press Release, August 31, 2016
- Buffalo Business First, March 18, 2016
- Hodgson Russ, 140 Pearl St, Buffalo, NY, January 26, 2017
- Environmental Health and Safety Enforcement - Preparing For and Handling Government Regulatory and Enforcement ContactHodgson Russ LLP, The Guaranty Building, Buffalo, NY, November 16, 2016
- The Harvard Club, 35 West 44th Street, New York, NY 10036, November 2, 2016
- Harvard Club, 35 W. 44th Street, New York, NY, June 29, 2016
- Government and Internal Investigations’ New Focus on Individual Accountability for Corporate WrongdoingHilton Albany, 40 Lodge St., Albany, NY, June 28, 2016
- Cheektowaga, NY, May 17, 2016
- Desmond Hotel & Conference Center, 660 Albany Shaker Road, Albany, NY, May 11, 2016
- The New Focus on Individual Accountability for Corporate Wrongdoing and Implications for Government and Internal InvestigationsBuffalo, NY, March 10, 2016
- SUNY Buffalo School of Law Seminar: "Access to Justice in Buffalo and Beyond - How Pro Bono Scholars andOther Volunteers Transform Lives"Buffalo, NY, May 2015
- New York Law Journal, April 25, 2016
- “White Collar Corner: What to Do When Litigating an OSHA Citation”The Daily Record, February 2012
- “White Collar Corner: Surprise OSHA inspections: Prepare for the Unexpected”The Daily Record, December 2011
- “Expert Witness Evaluation: Strategic Uses of Online Information”The Corporate Counselor®, November 2011
- American Bar Association
- Bar Association of Erie County (BAEC)
- Federal Bar Council
- New York State Association of Criminal Defense Lawyers, Vice President
- Member, New York State Unified Court System, Criminal Courts, Electronic Filing Advisory Committee
- Member, U.S. District Court for the Western District of New York Local Rules Committee
- Chair, BAEC Federal Practice Committee, 2009-2013
- Member, BAEC Judiciary Committee, 2010
- Past Member, New York State Bar Association (NYSBA) Criminal Justice Section, executive committee
- Past Member, NYSBA Committee on Courts of Appellate Jurisdiction
- Past Member, NYSBA Special Committee to Ensure Quality of Mandated Representation
- Past Member, NYSBA Special Committee on Immigration Representation
Community & Pro Bono
- Member, Pro Bono Panel of the U.S. Court of Appeals for the Second Circuit
- Participating attorney, Appellate Pro Bono Program, Monroe County Public Defender's Office
- Volunteer mentor, Buffalo Prep
- Sisters Hospital Foundation board of directors (2011-2017)
- New York State CLE board, member (2013-2016)
- Neighborhood Legal Services, board of directors (2008-2015), President of board (2013-2015)
- WNED, trustee (2009-2015), Secretary of board of trustees (2014-2015)
- Ambassador recruitment co-chair, Buffalo Dining Out for Life benefit for AIDS Community Services of WNY, 2009-2010
- Co-chair, Buffalo Dining Out for Life benefit for AIDS Community Services of WNY, 2007