Overview
David Fragale's practice is primarily devoted to white-collar criminal defense matters. He has defended corporate and individual clients at all stages of state and federal criminal proceedings, including high-profile jury trials throughout the United States. David also has significant experience in representations involving congressional inquiries, internal corporate investigations, and a variety of federal and state agency investigations, including investigations led by the Securities and Exchange Commission, the Department of Justice, and the Office of the New York State Attorney General. Among the issues encompassed by these matters are securities, accounting, and wire fraud, money-laundering, and bribery.
The highlight of David's pro bono work was his successful post-conviction representation of an inmate who spent over ten years on Delaware's death row. David led a team that forced the State to turn over exculpatory evidence and argued the case before the Delaware Supreme Court, which reversed the inmate’s murder conviction.
David also has experience in administrative proceedings concerning issues such as antitrust, natural resources, and transportation. His work on such matters focuses on complex statistical, financial, and accounting analysis.
- District of Columbia
- New York
- US District Court, Eastern District of New York
- US District Court, Southern District of New York
- US Court of Appeals, District of Columbia
- US Court of Appeals, Fifth Circuit
- J.D., Georgetown University Law Center, 2001
- B.S., Cornell University, 1991, Industrial and Labor Relations
Areas of Work
Representative Matters
- Represented a major automotive manufacturer in connection with a civil False Claims Act qui tam complaint and investigation stemming from allegations that software was used to manipulate emissions test results in order to obtain credits and avoid regulatory penalties. As a result of the investigation, the US Department of Justice and multiple state attorneys general decided not to intervene and the complaint was dismissed.
- Obtained a rare post-trial dismissal with prejudice for businessman Ali Sadr, in a criminal Iran sanctions case tried in the Southern District of New York, after uncovering evidence that prosecutors withheld exculpatory evidence and made misrepresentations to the Court.
- Secured a mid-trial Rule 29 acquittal for a businessman accused of bribing a former Pennsylvania Treasurer with campaign contributions, in a 79-count honest services bribery and money laundering case tried in federal court in Harrisburg, Pennsylvania.
- Secured an acquittal for David Rainey, the highest-ranking BP executive charged in connection with the Deepwater Horizon oil spill, on a false statement charge tried in New Orleans, Louisiana. The acquittal followed the district court's dismissal, on the first day of trial, of a related obstruction of Congress charge, after successful pre-trial litigation established that selective invocation of the Speech or Debate Clause privilege by congressional witnesses interfered with Rainey's right to present a defense. Represented a law firm in a DOJ criminal, public corruption investigation involving a former lobbyist at the firm.
- Represented a foreign government involved in worldwide litigation. Led effort that successfully proved a former military leader was using forged documents against the client, retained and directed a renowned handwriting expert, and located original documents used as template for the forgeries.
News & Publications
Press Releases
Steptoe Wins “Most Important Case of the Year” at the Global Investigations Review Awards 2024
November 15, 2024
Media Mentions
Media Cover Steptoe's Success in Uncovering Prosecutorial Misconduct in the SDNY
March 10, 2021
Publications
New Criminal Enforcement Risks to Dietary Supplement Industry Litigations
Bloomberg Law
September 8, 2020
By: Patrick F. Linehan, Chris Niewoehner, David Matthew Fragale, Galen Kast
Media Mentions
Am Law Litigation Daily Shines Spotlight on Steptoe's Post-Trial Win in Iran Sanctions Case
July 23, 2020
Media Mentions
Media Cover Steptoe's Post-Trial Success in Iran Criminal Sanctions Case
July 22, 2020
Media Mentions
Law360 Covers Favorable NPA Steptoe Secured For White Rock Distilleries
July 31, 2017
Press Releases
Steptoe Scores Rare Rule 29 Win in Pennsylvania Federal Court Bribery Trial
March 27, 2017
Media Mentions
Media Cover Steptoe’s Federal Court Win for Ex-Acclarent CEO Bill Facteau
July 26, 2016
Press Releases
Steptoe Secures Federal Court Victory for Ex-Acclarent CEO William Facteau
July 20, 2016