Daniel C. Sale

• Representing pro bono a former Army Ranger convicted by court martial of murder in Iraq, resulting in a full Presidential pardon.
• Representing an individual in connection with the Special Counsel investigation conducted by Robert Mueller.
• Representing a global pharmaceutical company in an industry-wide investigation regarding donations to charitable patient assistance foundations.
• Secured a declination of all criminal and civil liability for a global medical device manufacturer in an investigation involving off-label promotion and fraud issues
• Represented Vascular Solutions, Inc., a publicly traded medical device manufacturer that was indicted on federal criminal charges relating to off-label promotion and acquitted by a jury of all charges after a four week trial in February 2016.
• Representing several individual witnesses and targets in connection with domestic and international investigations of foreign exchange (FX) trading, resulting in no charges.
• Represented leading pharmaceutical manufacturers into off-label promotion issues by the Department of Justice and multiple U.S. Attorneys’ Offices, the FDA, the Department of Health and Human Services Office of Inspector General, and various state Attorneys General, as well as parallel federal False Claims Act qui tam litigation.
• Represented current and former CEOs, high-level executives, and other individuals in FCPA investigations related to events throughout Latin America, the Middle East, China, Mexico, and Eastern Europe.

Dan Sale defends clients in high-stakes government and Congressional investigations, enforcement proceedings, and parallel civil litigation.  Concentrating in complex criminal and civil litigation, Dan regularly represents life sciences companies, financial institutions, other highly-regulated companies, and their boards and senior executives in high-profile and sensitive investigations and litigation.  Dan has special experience in matters involving: life sciences criminal and civil investigations; Congressional investigations; the False Claims Act; financial crimes, the Foreign Corrupt Practices Act (FCPA);  antitrust and market manipulation matters; the securities laws; whistleblower cases; and transnational tax investigations. 

Dan has special experience in cases involving allegations of off-label promotion and kickbacks in the life sciences industry and represented clients in the three largest Anti-Kickback Statute investigations ever resolved with DOJ.  Dan also has special experience in state attorney general investigations, and has personally negotiated quiet resolutions with all 50 state AG offices and the District of Columbia.  In addition, Dan has considerable experience defending clients in multi-jurisdictional investigations and litigation conducted cooperatively by United States, European, Middle Eastern, Asian and African authorities

The Special Matters & Government Investigations group has been twice recognized by Law 360 as the “White-Collar Group of the Year” and described as “the premier firm in this practice area” by the U.S. News & World Report/Best Lawyers’ “Best Law Firms” survey.

Dan began his legal career as a law clerk to the Honorable Richard D. Bennett of the United States District Court for the District of Maryland.  He received his J.D. from Georgetown University Law Center, where he was an Editorial Board Member of the Tax Lawyer law journal, and his B.A. in economics from Yale University, where he was a Division I All New England Scholar Athlete lacrosse player. 

Dan holds Top Secret/SCI security clearances until their expiration.

Publications

• Dan is a regular contributor to the American Bar Association's Criminal Litigation Section's Practice Points publication
• The US v. Vascular Solutions Acquittal: Three Lessons for Targets of Off-Label Promotion Enforcement, Washington Legal Foundation Legal Backgrounder (2016)
• Recent Trends in Health Care Enforcement and Compliance, Inside the Minds: Health Care Law Enforcement and Compliance (Apastore 2013)
• The Future of Off-Label Promotion Enforcement in the Wake of Caronia — Toward a First Amendment Safe Harbor, The Sedona Conference Journal, Volume 14 (2013)
• Off-Label Promotion: The Criminalization of Scientific Exchange, Pharma Magazine (UK) (2013)
• FDA as Arbiter of Truth? The First Amendment, Caronia, and the Future of Off-Label Promotion Enforcement, ABA White Collar Crime (2013)
• Tenure Trap: Third Circuit Joins Sixth in Holding Tenure Buy-out Payments Subject to FICA Taxation in University of Pittsburgh v. United States, The Tax Lawyer, Volume 63 (2010)