Stephen T. Smith

Areas of Practice

Primary practice areas and past or present representations include:

Anti-trust:

• Defense of the global VP for air cargo for a Middle Eastern airline in grand jury investigation by the National Criminal Enforcement Section of the U.S.D.O.J. Antitrust Division alleging fixing the prices of supplements for fuel and security for air cargo
• National counsel for the North American sales director of a multi-national polyester manufacturer in U.S. federal multi-district litigation, state litigation and U.S. grand jury investigation by the Dallas Field Office of the U.S.D.O.J. Antitrust Division and the Canadian Competition Bureau, Ottawa, Canada alleging fixing prices and market allocation for polyester staple in the U.S. and Canada
• Defense of the president of a regional dairy in investigation and prosecution by the Washington Field Office of the U.S.D.O.J. Antitrust Division alleging bid rigging, price fixing and market allocation for school milk contracts
• Defense of international pesticide company in investigation and prosecution (D. Kan.) by the Washington Field Office of the U.S.D.O.J. Antitrust Division alleging fixing prices for phosphine, an agricultural pesticide
• Defense of the past president of an international polyfoam manufacturer in investigation by the Cleveland Field Office of the U.S.D.O.J. Antitrust Division alleging price fixing and market allocation of wholesale polyfoam
• Defense of an officer/board member/major shareholder of a regional bread manufacturer in investigation and prosecution by the Atlanta Field Office of the U.S.D.O.J. Antitrust Division for price fixing and market allocation of bread products in the southeastern U.S.
• N.C. counsel for two national drug manufacturers in class action by retail customers against national prescription drug manufacturers
• Representation of past president of the National Automobile Dealers’ Association in investigation by the Washington Field Office of the U.S.D.O.J. Antitrust Division

Public Corruption and N.C. Board of Elections Investigations:

• Representations of N.C. State University and UNC General Administration  in responding to grand jury document subpoenas in federal, state and N.C. Board of Elections investigations of N.C. Governor and staff
• Defense of national pharmaceutical providers in federal grand jury investigation involving medical billing.
• Defense of a multi-state real estate developer in investigations by U.S. grand juries in the E.D.N.C., D.S.C. and E.D.Va. and federal and civil litigation in N.C., Va. and S.C. originating from investigations of N.C. Governor and staff and alleging real estate fraud in  the development and marketing of residential resort real estate
• Defense of the then-sitting Republican Speaker of the N.C. House of Representatives in N.C. Board of Elections investigation and hearing involving allegations of extortion of campaign contributions from the pork producing industry
• Defense of prior Republican Co-Speaker of the N.C. House of Representatives in U.S. and state investigations
• Defense of principal fund-raiser for Democratic Speaker of N.C. House of Representatives in federal, state and N.C. Board of Elections investigations and prosecutions for allegations of campaign contribution violations and vote buying
• Defense of CEO of ethanol manufacturing company in federal Hobbs Act (bribery of a state official) prosecution
•  Defense of a major N.C. State Fair concessionaire in federal grand jury and state investigations and prosecutions of N.C. Agriculture Commissioner for extortion of campaign contributions
• Representation of the lawyer for the N.C. Agriculture Commissioner in responding to grand jury document subpoenas in the federal and state investigations of the Commissioner
• Defense of the principal vendor in multi-million dollar school district fraud investigation and prosecution
• Representation of a N.C. House member in successful challenge of 18-vote primary loss – primary election voided and new primary ordered

Financial institutions:

• Defense of a national banking corporation in federal grand jury investigation of issuance of mortgage-backed securities
• Defense of a national accounting firm in federal contempt of court citation regarding grand jury document subpoena response
• Defense of a securities trader in federal investigation and prosecution of theft of software and trade secrets from national banking corporation

Government contract fraud, grand jury, False Claims Act, and qui tam (whistleblower) investigations and litigation: 

• Defense of a New England general contractor in federal grand jury investigation and civil False Claim Act litigation involving a $50 million Ft. Bragg construction project
• Defense of national pharmaceutical provider in federal grand jury investigation involving medical billing
• Defense of a regional multi-branch health care corporation in federal grand jury investigation and civil False Claim Act litigation involving Medicare and Medicaid billing
• Defense of a multi-branch mail pre-sort company in federal grand jury investigation and civil False Claim Act litigation
• Representation of vice-president for finance of a major regional hospital system in federal grand jury investigation and civil claims involving Medicare and Medicaid billing
• Defense of the principal contractor in federal grand jury investigation and prosecution of $70 million U.S. Defense Department mental health services demonstration project
• Representations of various doctors, health care attorneys, medical practices and providers, and officers and employees of defense contractors in government billing investigations

U.S. Securities & Exchange Commission

• Defense of CFO of a publically-traded national carpet manufacturer in insider trading and money laundering investigation and prosecution
• Defense of European finance director and of country manager of publically-traded multi-national tobacco dealer in Foreign Corrupt Practices Act investigations
• Defense of CTO of publically-traded tech company in investigation of disclosures in raising venture capital.

Other areas: 

• Representation of a regional N.Y. Times-owned newspaper and two reporters for civil and criminal contempt for reporting the results of a sealed settlement agreement in a federal class action
• Defense of the N.C. Rules Review Commission in three challenges to its constitutionality
• Defense of the CFO of a international tobacco leaf dealer in U.S. and Canadian customs and money laundering investigations in the N.D.N.Y., E.D.N.C. and the Province of Ontario, Canada
• Defense of  the COO of a national sales company in federal prosecution alleging a pyramid scheme
• Representation of a regional development company in a North Carolina Department of Transportation investigation
• Defense of a multi-dealership auto dealer in the federal (D.N.H.) American Honda fraud/bribery investigation
• Representation of an N.C. insurance company after takeover by the N.C. Department of Insurance

Government Regulation:

• Representation of numerous businesses and other entities regarding governm3D"30">