Edward F. Novak practices in the area of white collar crime/special matters. He has extensive jury, non-jury and appellate experience in criminal defense matters, complex civil litigation and government agency investigations in several areas including healthcare, environmental, procurement, real estate and securities fraud. Mr. Novak's recent experience includes:
- Defense of one of the nations largest retailers in a consumer fraud investigation.
- Representation of a State agency in an alleged bribery/fraud matter.
- Representation of a prestigious national health care organization in a multi-federal district and multi-state investigation into patient billing fraud.
- Defense of a Big Five accounting firm in multiple simultaneous proceedings in federal and state court involving both civil and criminal litigation.
- Defense of a publicly held mutual fund company in a federal fraud probe.
- Defense of municipality in a fraud probe alleging civil rights violations.
- Defense of a national home builder in connection with a multi-district federal and multi-state investigation of clean water act violations.
- Representation of a large national retail securities firm in connection with a federal and state investigation into the fraudulent sale of oil and gas limited partnerships.
- Representation of a steel manufacturing company in both state and federal investigation of public of clean air act violations and fraud in the permitting process.
- Defense of accounting firm partner in state and federal criminal investigation of public corruption charges.
- Defense of real estate development companies in Department of Interior land exchange investigations.
- Defense of a local health care institution in connection with alleged illegal anti-union activities.
- Representation of employees of an aircraft maintenance company in connection with a federal investigation following a commercial jetliner crash.
- Expert witness testimony on issues of ineffective representation in criminal cases and legal malpractice in civil cases.
Bar Admissions
- Illinois (1976);
- Arizona (1979);
- District of Columbia (1985);
- U.S. Tax Court (1985);
- U.S. Court of Appeals, 5th Circuit (1985);
- U.S. Court of Appeals, 7th Circuit (1985);
- U.S. Court of Appeals, 9th Circuit (1985).
Education and Honors
- Knox College (B.A., 1969);
- DePaul University (J.D., 1976);
- Note and Comment Editor, DePaul University Law Review (1975 – 1976);
- Listed in The Best Lawyers in America (1995 – present: White-Collar Criminal Defense);
- Martindale-Hubbell AV® Peer Review Rated;
- Selected as a Southwest Super Lawyer (Criminal Defense, 2007).
Professional Activities and Experience
- Member State Bar of Arizona Board of Governors (1999 – present);
- State Bar of Arizona Secretary / Treasurer (2004 – 2005);
- State Bar of Arizona Second Vice President (2005 – 2006);
- State Bar of Arizona First Vice President (2006 – 2007);
- State Bar of Arizona President Elect (2007 – 2008);
- Co-chair Professionalism Task of State Bar of Arizona (2004 – 2007);
- Judge Pro Tempore of the Superior Court (1990 – 1996; 1999 – present);
- Criminal Jury Instructions Committee (1996 – 2000);
- Criminal Rules Committee – Chair (1994 – 1997);
- Criminal Justice Section: Defense Representative (1984), Vice Chair (1985), Chair (1986);
- Maricopa County Commission on Trial Court Appointments (1994 – 1997);
- Maricopa County Appellate Court Advisory Committee (1986 – 1987);
- National Association of Criminal Defense Lawyers;
- American Bar Association;
- Arizona Attorneys for Criminal Justice.
Adjunct Professor Activities
- Arizona State University Sandra Day O'Connor College of Law – Adjunct Professor in
Professional Responsibility and Ethics (2006 – 2007)
Publications
- Staying Out of the Headlines,” AZ CPA, February 2004;
- Tips for Post Enron Government Scrutiny,” The Business Journal, July 19, 2002;
- Sentencing the Corporation,” 21 Litigation, No. 4, Summer 1995;
- Corporate Law - When Will Courts Hold Parent Corporations Liable for the Criminal Acts of Their Subsidiaries,” 16, No. 27, National Law Journal, 1994;
- Survey of Federal and State Environmental Crime Legislation,” 34 Arizona Law Review 571, 1992;
- Parallel Proceedings and Double Jeopardy Implications,” 28 Arizona Attorney, 1991.
Teaching / Speaking
- The Internal Discussion: The In-Firm Attorney-Client Privilege (Sponsor: American Bar Association) Sept. 19-21, 2007;
- Greatest Closing Arguments (Sponsor: State Bar of Arizona and the Public Lawyer's Section) June 29, 2007;
- Triage of a Sexual Abuse Case (Sponsor: State Bar of Arizona and the Public Lawyer's Section) June 29, 2007;
- Ethics - Law & Order Series (Sponsor: AZ Prosecuting Attorneys' Council) June 6, 2007;
- 2006 Ethics and Regulatory Codes of Conduct Update (Sponsor: Pinnacle West Capital Corporation Law Department) Oct. 26, 2006;
- Ethics and Professionalism (Sponsor: State Bar of Arizona 16th Annual CLE by the Sea 2006) July 12, 2006;
- The Accounting Year in Review (Sponsor: Arizona Society of CPAs) Jan. 2006;
- Ethics for Trial Lawyers (Sponsor: State Bar of Arizona) Nov. 4, 2005;
- Practical Professionalism Tips for the New Practitioner (Sponsor: State Bar of Arizona) May 31, 2005;
- Teleseminar entitled "Crisis Management and the Law" (with Jonathan Bernstein and Richard Levick) Feb. 23, 2005;
- Dealing with the Media, Ethically and Responsibly (Sponsor: Arizona Center for Disabilities Law) Nov. 8, 2004;
- 10 Deadly Sins of Conflict (Sponsor: State Bar of Arizona) Nov. 4, 2004;
- Business Ethics Program - Some Real Life Experience (Sponsor: Thunderbird International School of Business) Feb. 27, 2004;
- Audit Failures 2003 (Sponsor: Arizona Society of Certified Public Accountants) Jan. 20, 2004;
- Law and Order: The "Practice" of Ethics (Sponsor: APAAC and Anderson & Associates Research Services, Inc.) June 27, 2003;
- Meeting with the Media - A Practical and Ethical Guide to Success (Sponsor: State Bar of Arizona) June 11, 2003;
- Response to Government Inquiries & Investigations (Sponsor: Native American Finance Officers Association) May 8, 2003;
- Rights and Responsibilities in Response to Government Inquiries/Investigations (Sponsor:
- Southern Arizona Environmental Management Society, Inc.) May 7, 2003;
- Defending the Unpopular Client (Sponsor: American Bar Association Litigation Section Annual Meeting) Apr. 10, 2003;
- 1st Annual Accounting and Assurance Conference - Lessons for CPAs from the Baptist Foundation of Arizona v. Arthur Andersen case (Jan. 24, 2003);
- Healthcare Fraud Investigation - Responding to Civil and Criminal Healthcare Investigations (Nov. 7, 2002);
- Corporate Governance and Professional Liability in 2002 - The Sarbanes-Oxley Act of 2002 (Sponsor: Quarles & Brady Streich Lang LLP) Oct. 17, 2002;
- Managing a Grand Jury Investigation for the Corporate Client (Sponsor: State Bar of Arizona) June 25, 1999;
- Developing and Implementing a Healthcare Provider Compliance Plan (Sponsor: Arizona Hospital and Healthcare Association) Feb. 27, 1998.
Public Service/Community Affairs
- Board Member, United States Veterans Initiative, Inc. (2004 – present)
- Judge Pro Tempore, Superior Court of Arizona (1990 – 1996, 1999 – present)
- Board Member, Arizona State University Art Museum (1998 – 2001)
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