Robert E. Welsh, Jr. has spent over forty years in the federal criminal justice system, including two years as a federal law clerk, six years as an Assistant United States Attorney and thirty-seven years as a criminal defense lawyer. He has been recognized as an elite trial lawyer by admission as a fellow in the American College of Trial Lawyers and the International Academy of Trial Lawyers, invitation-only organizations that seek to admit the very best of the trial bar.
As a defense lawyer, he has focused on the defense of white collar and economic criminal investigations, including antitrust, trade and embargo regulations, financial fraud matters, securities cases, criminal tax matters, public corruption cases, Foreign Corrupt Practices Act cases and matters involving the pharmaceutical industry. Many of his cases have been in the context of complex regulatory settings such as involving the Food and Drug Administration, the Federal Energy Regulatory Commission, the Drug Enforcement Administration, the Securities and Exchange Commission and the Antitrust Division of the Department of Justice.
Increasingly, clients face enforcement proceedings of a civil or administrative nature such as SEC investigations, False Claims Act proceedings or other similar enforcement matters, the stakes of which are potentially severe. Clients may face criminal investigations simultaneously with such civil or administrative investigations in what is known as a parallel proceedings posture. Mr. Welsh has experience in representing clients in all manner of enforcement settings and routinely addresses the dilemmas attendant to such parallel proceedings.
While most white collar matters involve federal agencies and courts, state and local prosecutors are increasingly active in that arena. As a result, Mr. Welsh has had substantial experience in state grand jury matters and prosecutions.
A theme in Mr. Welsh’s practice is that it is critical to be able to effectively and efficiently litigate all manner of government cases because if one is to effectively negotiate or seek declination of charges one must demonstrate the ability to try a case to verdict. To lack the credible threat to go to trial is to send the wrong signal to the government. As a result, he has tried many and varied cases to verdict and has been honored as an elite trial lawyer.
In addition, Mr. Welsh has argued before the federal appellate courts on many occasions, including before the United States Supreme Court.
- Numerous defendants in Medicare and Medicaid fraud trials.
- The owner of a company in an antitrust case in a criminal trial.
- Numerous defendants in criminal tax cases, including cases involving corporate tax issues.
- Several pharmaceutical companies and numerous employees in a variety of criminal and parallel False Claims Act/Food Drug and Cosmetic Act matters.
- A former executive of an insurance company in an SEC enforcement proceeding.
- A former owner and executive of an insurance company against charges of fraud and racketeering.
- A former executive of a chemical concern charged with violating the Trading with the Enemy Act by engaging in sales to Cuban entities.
- A variety of defendants in connection with RICO charges.
- The chief executive of a generic pharmaceutical company on charges of violating the Food Drug and Cosmetic Act.
- Numerous defendants in bank, insurance and securities fraud cases.
- American Law Institute
- Federal Criminal Law Committee – EDPA
- National Association of Criminal Defense Lawyers
- Pennsylvania Association of Criminal Defense Lawyers
- Philadelphia Bar Association
- Supreme Court Historical Society
HONORS & AWARDS
- Fellow, American College of Trial Lawyers (2001-2022)
- Former Member of the Board of Regents, 2015-2020
- Former Chair of the Federal Rules of Evidence Committee and Pennsylvania State Committee
- Fellow, International Academy of Trial Lawyers
- Ranked Band 1, Chambers USA: America’s Leading Lawyers for Business, White Collar Crime, and Government Investigations 2009-2022
- 2022 Thought Leader WWL Business Crime Defense -Individual & Corporate