
Timothy W. Hoover
Practices & Industries
Admissions
- New York
- Ohio
- U.S. Supreme Court
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Sixth Circuit
- U.S. District Court, Northern District of New York
- U.S. District Court, Western District of New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Northern District of Ohio
- U.S. District Court, Southern District of Ohio
- U.S. District Court, District of Vermont
- U.S. Tax Court
Education
Michigan State University, B.A., With High Honor
Vanderbilt University, J.D., Order of the Coif
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. He is the President of the New York State Association of Criminal Defense Lawyers.
Tim is an accomplished appellate advocate as well. He regularly appears in federal and state appellate courts, having argued 44 appellate matters. He has presented argument in 36 cases before the United States Court of Appeals for the Second Circuit. In 2015, he 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.
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.
Honors
- Listed, Best Lawyers in America (Commercial Litigation, Criminal Defense: White-Collar) 2018 - 2021
- Listed, Buffalo Business First/Buffalo Law Journal's Legal Elite of Western New York, 2013 - 2017, 2020
- Listed, Upstate New York Super Lawyers, (Criminal Defense: White Collar) 2012 - 2020
- ECBA Volunteer Lawyers Project Immigration Award Recipient, 2020
- Listed, Buffalo Business First/Buffalo Law Journal's Legal Elite Top 10, 2015
- Listed, Buffalo Business First/Buffalo Law Journal Who’s Who in Law, 2009, 2011, 2012
- Order of the Coif
- Phi Beta Kappa
Experience
- Canadian Client Charged with Ten-Year Mandatory Minimum Importation Offense.
- Federal and State Administrative and Criminal Tax Investigations, Reviews and Audits
- Representation of a Business And Its Target Owner in a Federal Public Corruption Investigation
- Representation of a Company and Its Owner in a Federal Major Fraud Investigation Related to Federal Set-Aside Contracting. Secured Dismissal of All Charges.
- Representation of an Engineering Professional in a Federal Trade Secrets Theft Investigation
- Representation of Business and Executives in Investigation by The New York City Department of Investigation.
- Representation of Business and Owner in Federal Environmental and Tax Investigation, Including Conducting Internal Investigation.
- Representation of Canadian Client Charged with Federal Felony Immigration Offense
- Representation of Canadian Client Charged with Felony Immigration and False Statement Offenses. Matter Resolved by Plea to a Misdemeanor and Unsupervised Probation.
- Representation of Client Charged with Federal Bank Robbery Offense. Won Acquittal at Trial.
- Representation of Client Charged with Federal Criminal Immigration Violations
- Representation of Client Charged with Federal False Statement Offenses. 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
- Representation of Client in Southern District of New York Public Corruption Investigation
- Representation of Employee in a Heavy Industry Facility in Federal Environmental Grand Jury Investigation
- Representation of Employees of Recycling Facility in Federal Environmental Grand Jury Investigation
- Representation of Manager in a Heavy Industry Facility in a Grand Jury Investigation
- 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
- 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
- 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.
In the News
- Tortoise, January 19, 2021
- WNED, October 30, 2020
- NY Magazine, September 14, 2020
- The Buffalo News, June 11, 2020
- New York State Senate, June 9, 2020
- The Buffalo News, June 9, 2020
- Law.com/New York Law Journal, June 5, 2020
- Law.com/New York Law Journal, May 29, 2020
- The Buffalo News, May 26, 2020
- The Marshall Project, May 1, 2020
- The Buffalo News, March 10, 2020
- Buffalo Law Journal, February 21, 2020
- Law360, January 3, 2020
- Buffalo Law Journal, February 11, 2019
- The New York Law Journal, January 25, 2019
- New York Law Journal, December 10, 2018
- The Green Tie, NAEM's blog for EHS and Sustainability leaders, August 10, 2018
- WGRZ, May 24, 2018
- The Buffalo News, May 24, 2018
- Buffalo Business First, November 29, 2016
- Buffalo Business First, March 18, 2016
Press Releases
- Hodgson Russ Press Release, September 8, 2020
- Hodgson Russ Press Release, August 20, 2020
- Hodgson Russ Press Release, February 12, 2020
- Hodgson Russ Press Release, August 20, 2019
- Press Release, August 12, 2019
- Press Release, August 20, 2018
- Press Release, August 15, 2018
- Press Release, September 6, 2017
- Press Release, August 15, 2017
- Press Release, August 31, 2016
Publications
- 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
Presentations & Events
- December 21, 2020
- December 8, 2020
- October 22, 2020
- September 18, 2020
- June 2, 2020
- May 26, 2020
- August 23, 2018
- NYSACDL CLE Seminar: Thinking Differently and Creatively in Defending a Federal CaseNew York Law School, April 28, 2017
- Hodgson Russ, Buffalo, NY, January 26, 2017
- Hodgson 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
- Hilton 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
- Buffalo, 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
Professional Associations
- President, New York State Association of Criminal Defense Lawyers
- Bar Association of Erie County (BAEC)
- Member, National Association of Criminal Defense Lawyers
- 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 Unified Court System, Criminal Courts, Electronic Filing Advisory Committee
- 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
- Member, Pro Bono Volunteer Panel, United States District Court for the Western District of New York
- Participating Attorney, Appellate Pro Bono Program, Monroe County Public Defender's Office
- Member, Niagara Frontier Lacrosse Officials Association
- Buffalo Toronto Public Media (WNED), Secretary of board of trustees (2014-2015), trustee (2009-2015, 2020-present)
-
Fairport-Perinton Dollars for Scholars board of directors (2019-2020)
- 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)
- 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