Michelle Nasser joined Dowd Bennett in the Fall of 2016 after over 13 years as a federal prosecutor in Chicago, where she gained extensive first chair trial and investigation experience. Michelle focuses her practice on white collardefense andinternal and government investigations, including defense ofhealthcare and government contract fraud, accounting and securities fraud, FCPA, and mail and wire fraud. Michelle is an experienced healthcare litigation and compliance attorney, with an emphasis in False Claims Act litigation—she regularly represents a large healthcare corporation in responding to federal CIDs issued across the country, leads a variety of internal investigations related to government inquiries of healthcare companies, and defends companies and medical providers in FCA litigation. Michelle also routinely represents corporations and individuals in complex civil commercial litigation and employment matters, including both the defense and prosecution of claims involving breach of contract, fraud, unjust enrichment, and employment discrimination.
As a lead trial counsel, Michelle has tried to verdict 14 federal district court jury trials and one federal district court bench trial. In addition, she was a lead trial counsel in a state courtmatter that was dismissed by opposing counsel after four days of jury selection. She has questioned scores of witnesses in court and has taken and defended depositions of both fact and expert witnesses. She also has argued countless contested hearings involving constitutional, statutory, evidentiary and sentencing issues.
As appellate counsel, Michelle has briefed and personally argued 11 appeals in the U.S. Court of Appeals for the Seventh Circuit.
Before joining Dowd Bennett in 2016, Michelle served for more than 13 years as an Assistant U.S. Attorney in the Major Case, Financial Crimes, General Crimes, and Violent Crimes sections of the U.S. Attorney’s Office in Chicago. She led and supervised government investigations, prosecutions, trials and appeals involving various criminal offenses, ranging from complex financial, tax and healthcare fraud, to embezzlement, identity theft, money laundering, cybercrime, racketeering, violent crime, civil rights violations, extortion, human trafficking and public corruption. From 2010-2016, in addition to her other responsibilities at the U.S. Attorney’s Office, Michelle led the office’s Human Trafficking Program, which entailed supervision of all federal human trafficking investigations and cases in the Northern District of Illinois.
Before joining the U.S. Attorney’s Office, Michelle was an associate at a large law firm in Chicago, and a law clerk for a federal judge in Chicago.
Representative white collar defense / internal investigation matters include:
Regularly defends large healthcare company in various ongoing False Claims Act lawsuits and government inquiries throughout the country, including responding to federal CIDs, leading related internal investigations, and defending company in national litigation matters.
Routinely represents companies and individuals in grand jury investigations in various matters across different jurisdictions.
In 2019, a lead counsel representing large corporation in responding to CIDs issued by state Attorney General related to data privacy and antitrust investigation. No civil or criminal charges brought.
In 2019, a lead counsel representing NCAA Division 1 university’s coaches in an internal investigation regarding the recruitment of a prospective student athlete. No civil or criminal charges were brought, and no disciplinary action taken.
In 2018, lead counsel defending healthcare corporation and medical provider in federal criminal and civil FCA investigation related to allegedly inappropriate use of CPT codes and submission of false claims to Medicare for unnecessary procedures and medical services not rendered.
In 2018, a lead trial counsel in defense of the governor of the state of Missouri. After four days of jury selection, the case was dismissed by the prosecution.
In 2017, lead counsel representing a corporation in a multi-year FCA investigation by DOJ Civil Fraud Section and DOT-OIG involving the use of a Disadvantaged Business Enterprise (“DBE”) subcontractor related to a multi-million dollar government contract. No civil or criminal charges were brought.
In 2017, led internal investigation for large healthcare company regarding possible violations of the Computer Fraud and Abuse Act. No civil or criminal charges brought.
In 2016, represented company in USDA accounting investigation. Led internal investigation and designed and implemented compliance program. No civil or criminal charges brought.
Representative civil litigation matters include:
In 2019, a lead counsel in obtaining complete summary judgment in favor of corporate client, dismissing with prejudice all plaintiffs’ race discrimination and retaliation claims filed in the U.S. District Court for the Western District of Texas, including claims of disparate treatment, disparate impact, and retaliation, and obtaining an order for plaintiff to pay client’s costs.
In 2019, a lead counsel in obtaining a complete summary judgmentin favor of executive and favorable settlement for corporate client in gender discrimination and retaliation claim filed in St. Louis County Court.
In 2019, obtained full summary judgment in favor of corporate client, dismissing all plaintiff’s breach of contract, negligence, strict liability, and failure to warn claims filed in the U.S. District Court for the District of Wyoming, in which plaintiffs sought damages of approximately $120 million as a result of an explosion and fire at an oil refinery.
Representative matters as federal prosecutor include:
U.S. v. Wilder, et al. A lead counsel in kickback case involving Chicago White Sox scouting executive.
U.S. v. Leija-Sanchez, et al. Lead trial counsel in 6-week jury trial involving a multi-defendant international document fraud, money laundering, and racketeering conspiracy.
U.S. v. Piros.Lead counsel in embezzlement case involving a vice president of St. Xavier University
U.S. v. Koll. Lead trial counsel in bribery bench trial.
U.S. v. Rago. Lead trial counsel in tax fraud jury trial.
U.S. v. Knox. Lead trial counsel in jury trial involving visa fraud by a member of terrorist group Revolutionary United Front.
U.S. v. Christ, et al. Lead trial counsel in bribery jury trial involving a Foreign Service Officer.
U.S. v. Copeland. Lead trial counsel in bank fraud jury trial.
U.S. v. Adame. Lead trial counsel in arson-murder jury trial.
U.S. v. Sawyer, et al. A lead trial counsel in human trafficking jury trial.
Illinois
Missouri
J.D., Washington University School of Law, 2000
M.A., summa cum laude, University of Portland, 1997
B.A., magna cum laude, University of Notre Dame, 1995
Hon. James H. Alesia, U.S. District Court, Northern District of Illinois, 2000-2002
Assistant U.S. Attorney for the Northern District of Illinois, 2003–2016
Recognized by Best Lawyers® in Criminal Defense: White Collar, 2018-2019
Director’s Award for Superior Performance by a Litigative Team, U.S. Department of Justice, 2015
Excellence in Law Enforcement Award, Cook County Crime Stoppers, 2012
Special Recognition Award, Illinois Arson Award Committee, 2011
Star of Distinction Criminal Justice Award, Chicago Crime Commission, 2010
International Achievement Award, U.S. Immigration and Customs Enforcement Assistant Secretary’s Awards Ceremony, 2008
Meritorious Honor Award, Department of State Bureau of Diplomatic Security, 2007
Presentation, It Doesn’t End with Upjohn: Preserving Privilege and Other Ethical Considerations in Internal Investigations”, BAMSL’s White-Collar Crime Conference, April 10, 2019
Presentation, Investigations in the Age of #MeToo, 2018 Missouri Bar / Missouri Judicial Conference Annual Meeting, September 27, 2018
Panelist, To Cooperate or Not to Cooperate, That is the Question, Federal Bar Association, White Collar Criminal Law Program, October 11, 2017
American Inns of Court, St. Louis Chapter, Barrister Member, 2017-2019
Presentation, White Collar Crime: Responding to Government Investigations, 2017 Bench & Bar Conference, The Bar Association of Metropolitan St. Louis, June 1, 2017
Supreme Court of Missouri Combatting Human Trafficking and Domestic Violence Commission, Chair of Human Trafficking Education/Training/Awareness Subcommittee (appointed by Supreme Court of Missouri), member, 2017-2020
American Bar Association Center for Human Rights Working Group on Crimes Against Humanity (invited by Ambassador David J. Scheffer), member, 2016-present
Founder and Chapter Leader of the Missouri Chapter of the Women’s White Collar Defense Association
Northwestern University Pritzker School of Law, Adjunct Professor, Human Trafficking Law Seminar, 2015
Northwestern University Pritzker School of Law, Adjunct Instructor, Trial Advocacy, 2014
Leadership Greater Chicago, Fellow, Class of 2012
Instructor, Trial Advocacy, DOJ’s National Advocacy Center
Dowd Bennett is a litigation firm with extensive courtroom experience. Led by trial-seasoned lawyers, including former federal prosecutors and judicial law clerks, our team shares tenacity, a passion for seeing cases through trial and a complete commitment to client service.
