Michael R. DiStefano concentrates his practice in the areas of white-collar investigations and criminal defense, including defending clients at trial and in pre-indictment government investigations. He advises clients under investigation in a variety of forums outside of court, including government civil investigative proceedings, college and university disciplinary matters, workplace investigations, and professional licensing board hearings.
Mr. DiStefano’s notable case accomplishments include:
Resolving Department of Justice investigation of public official with no criminal charges brought against client
Prevailing at trial on behalf of a business owner accused of engaging in improper relationship with employee resulting in dismissal of employee's application for harassment prevention order
Obtaining a probationary sentence for a client charged with $3.3 million tax fraud
Obtaining dismissal of criminal charges against medical and financial professionals where convictions could have had negative consequences on professional licenses
Mr. DiStefano serves on the Criminal Justice Act Panel of the U.S. District Court in Massachusetts.
Prior to joining Todd & Weld, Mr. DiStefano was an Assistant Attorney General in the Office of the Attorney General of Massachusetts, where he prosecuted multi-jurisdictional criminal enterprises involving narcotics, firearms, and human trafficking. He also conducted extensive white collar criminal investigations.
Before moving to the Office of Attorney General, Mr. DiStefano was an Assistant District Attorney in the Suffolk County District Attorney’s Office, where he conducted more than 30 jury trials. As a Gang Unit Prosecutor, he was responsible for all aspects of prosecution, including grand jury investigations, charging decisions, suppression motions, pre-trial motions, plea bargaining, and search warrant review.
Represented national company in an investigation conducted by Health Care Division of the Massachusetts Attorney General's Office, which successfully resolved without any criminal charges or civil claims against company
Resolved Department of Justice investigation of public official with no criminal charges brought against client
Represented employees of company under federal grand jury investigation
Criminal Defense
Obtained a probationary sentence for a client charged with $3.3 million tax fraud
Following an emergency remote hearing, persuaded a Massachusetts Superior Court judge to release a pre-trial detainee due to concerns over potential exposure to the COVID-19 virus
Utilized forensic evidence to rebut allegations of criminal harassment resulting in prosecutor dismissing the criminal case
Obtained probationary sentence for client charged with participating in international bribery scheme
Resolved District Attorney's Office investigation of accounting professional with no criminal charges brought against client
Member of defense team that achieved jury acquittal of business executive charged with arson and insurance fraud
Resolved law enforcement investigation of higher education official with no criminal charges brought against client
College and University Investigations
Conducted an internal investigation into allegations of financial fraud on behalf of the Board of Trustees of a university
Represented a client in connection with an investigation of suspected misconduct within a university athletics department
Successfully represented college student in parallel criminal and Title IX matters
Resolved investigation involving allegations of serious student misconduct with educational institution permitting client to graduate
Professional Misconduct and Licensure Issues
Obtained dismissal of criminal charges against medical and financial professionals where convictions could have had negative consequences on professional licenses
New England Law | Boston (J.D., magna cum laude, 2009) Cali Award for Excellence: Evidence & Clinical Evidence, and Alternative Dispute Resolution; Comment and Note Editor, New England Journal on Criminal and Civil Confinement
Colby College (B.A. in Government, cum laude, 2003) National Political Science Honor Society (2003); Verizon Academic All American Award (2002)
Presenter, "Beyond Email: Fact Development in the Digital Age," Boston Bar Association (April 2022)
"A Survey of Federal Proffer Agreements: The Shortcomings and Pitfalls in the Government's Promised Protections," The Champion (Sept.-Oct. 2020)
"Defining Substantial Burden under the Religious Land Use and Institutionalized Persons Act: The Third Circuit's Successful Clarification, New England Journal on Criminal and Civil Confinement, Vol. 35 (2009)
