A former federal prosecutor and prominent trial lawyer, Zachary Hafer represents companies, boards and individuals in highly complex and sensitive internal and government investigations, including matters related to the Anti-Kickback Statute, FCA, FCPA, the CARES Act and related SEC matters, among others. Prior to joining private practice, Zach served with the U.S. Attorney’s Office for the District of Massachusetts for 14 years, including as Chief of the Criminal Division, where he supervised approximately 100 federal prosecutors and managed the investigation and prosecution of some of the nation’s most important federal criminal cases. Recognized for White Collar Crime and Government Investigations by Chambers USA, he was awarded the “Attorney General’s Award for Distinguished Service” and the “Attorney General’s Award for Excellence in Law Enforcement,” and was also recently named among Massachusetts Lawyers Weekly’s “Lawyers of the Year.”
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Work Highlights
Notable experience prior to joining Simpson Thacher includes advising:
- Global financial services company in cross-border investigation regarding whistleblower allegations of fraud and insider trading in connection with a multibillion-dollar investment vehicle
- Global public financial services company in internal investigation regarding allegations of self-dealing by portfolio managers
- Public technology company in response to a broad industry-wide health care fraud anti-kickback investigation by the DOJ
- U.S. airline in U.S. District Court for the District of Massachusetts in merger challenge brought by the DOJ under Section 7 of the Clayton Act
- Former state senator in connection with state and federal criminal investigations into alleged CARES Act fraud and related regulatory proceedings
- Senior state law enforcement official in federal corruption investigation by the DOJ and FBI
Accolades
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Chambers USA: Massachusetts: White Collar Crime and Government Investigations (2024)
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Massachusetts Lawyers Weekly, “Lawyers of the Year” (2021)
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The United States Department of Justice, “Attorney General’s Award for Distinguished Service” (2014)
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The United States Department of Justice, “Attorney General’s Award for Excellence in Law Enforcement” (2011)
Education
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University of Virginia School of Law, 2003 J.D.
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Dartmouth College, 1999 B.A.
cum laude
Clerkships
- Hon. Shirley W. Kram, United States District Court, Southern District of New York, 2003-2005
Admissions
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U.S. Court of Appeals for the First Circuit
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U.S. District Court for the District of Massachusetts
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U.S. District Court for the Southern District of New York
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U.S. District Court for the Eastern District of New York
A former federal prosecutor and prominent trial lawyer, Zachary Hafer is a Partner in the Firm’s Government and Internal Investigations Practice and is based in the Firm’s Boston office. Zach represents companies, boards and individuals in highly complex and sensitive internal and government investigations, including matters related to the Anti-Kickback Statute, FCA, FCPA, the CARES Act and related SEC matters, among others.
Notable experience prior to joining Simpson Thacher includes:
Companies and organizations:
- Global financial services company in cross-border investigation regarding whistleblower allegations of fraud and insider trading in connection with a multibillion-dollar investment vehicle
- Global financial services company in internal investigation regarding allegations of self-dealing by portfolio managers
- U.S. airline in U.S. District Court for the District of Massachusetts in merger challenge brought by the DOJ under Section 7 of the Clayton Act
- Public technology company in response to a broad industry-wide health care fraud anti-kickback investigation by the DOJ
- Audit committee of public life sciences company in internal investigation regarding allegations of accounting fraud by senior executive
- Public life sciences company in internal investigation regarding allegations of clinical data fraud by senior scientist
- Audit committee of public life sciences company in internal investigation regarding allegations of misconduct by CEO
- Publicly-traded education company in response to 93A investigation by Massachusetts attorney general relating to allegedly unfair and deceptive practices
- Global design company in connection with recently enacted public safety regulations in Massachusetts
- Global real estate developer in internal and government investigations related to fraudulent wire transfers
Individuals:
- Former state senator in connection with state and federal criminal investigations into alleged CARES Act fraud and related regulatory proceedings
- Senior state law enforcement official in federal corruption investigation by the DOJ and FBI
- Twelve employees of global financial services company in industrywide SEC investigation regarding off-platform communications
- Multiple physicians in criminal anti-kickback investigation by U.S. Attorney’s Office in Boston
- Senior executive of global life sciences company in FCPA investigation
- Prominent investor in federal tax and wire fraud investigation by the DOJ and IRS
Prior to private practice, Zach served with the U.S. Attorney’s Office for the District of Massachusetts for 14 years, including as Chief of the Criminal Division, where he supervised approximately 100 federal prosecutors and managed the investigation and prosecution of some of the nation’s most important federal criminal cases. In addition to prosecuting and supervising numerous corporate fraud and public corruption cases, Zach helped prosecute James “Whitey” Bulger and was awarded the “Attorney General’s Award for Distinguished Service” in 2014 and the “Attorney General’s Award for Excellence in Law Enforcement” in 2011. Recently named among Massachusetts Lawyers Weekly’s “Lawyers of the Year,” he is also recognized for White Collar Crime and Government Investigations by Chambers USA, where he has been characterized as “exceptional in every regard” and “an outstanding attorney who knows how to leverage his prior experience as a federal prosecutor for the benefit of the client.” He has been featured in numerous publications, including The Boston Globe and The AmLaw Litigation Daily, for cases he handled as an Assistant U.S. Attorney.
In addition to his practice, Zach taught a class on white collar crime as an adjunct professor at the Boston University School of Law and presented on behalf of the DOJ to the Advisory Committee on Criminal Rules. He is also a frequent lecturer at Harvard Law School, Boston College Law School and several bar associations and organizations.
Zach received his B.A., cum laude, from Dartmouth College in 1999. He received his J.D. from the University of Virginia School of Law in 2003, followed by a clerkship with the Honorable Judge Shirley W. Kram of the U.S. District Court for the Southern District of New York from 2003 to 2005.