Richard Edward Hamilton, Esq.
Of Counsel – Stern & Kilcullen

Since joining Stern & Kilcullen, Rich has managed civil and criminal investigations on behalf of corporations that are subject to or that are concerned with the federal Anti Kickback Law, the Stark Law and attendant regulations, Securities and Exchange Commission related activities (focusing on insider trading issues), corporate governance requirements and efficient governance structures, and developing corporate compliance programs. This includes interactions with the federal government by managing responses to pending subpoenas issued by or complaints filed by the Department of Justice in conjunction with the SEC or Health and Human Services or by any of the individual regional United States Attorneys' Offices.

In this arena, Rich served as counsel to the Federal Monitor overseeing the investigations into the University of Medicine and Dentistry of New Jersey ("UMDNJ"). In this work, Rich helped develop corporate governance initiatives, investigate corporate fraud and waste, and author periodic reports to the United States Attorney. This work resulted in the discovery of over $300 million in fraud, waste and abuse of State and federal funds.

He also played a significant role representing Stryker Orthopaedics in its relationship with the Federal Monitor appointed to oversee its consulting relations and the US Attorney’s Office’s investigation of the orthopaedics implant industry.

In his work with federal Monitors overseeing UMDNJ and orthopaedics industry, Rich worked on two of the most significant Monitorships in United States history; and developed a significant knowledge of federal and state healthcare and fraud and abuse laws.

Rich also maintains a steady real estate practice. Rich has utilized his knowledge of and experience in the political realm to advise numerous development clients. He has served as the point person on redevelopment plans. His substantive knowledge of the development law coupled with an intimate knowledge of the political process and the concerns of urban and suburban politicians constitute a significant feature of the Stern & Kilcullen Real Estate team.

Employment Biography

Rich earned his undergraduate degree from Rutgers College and his law degree from Rutgers School of Law –Newark. After completing his law degree, he served in a clerkship in the Superior Court of New Jersey in Essex County managing the most crowded docket of the largest vicinage in the State. Early in his legal career, he focused on litigation gaining significant courtroom experience and maintaining a substantial caseload.

In 2000, based upon his life-long involvement in politics, he was asked to be the General Counsel to the New Jersey General Assembly Democrats. In this position, he advised the Assembly Democratic caucus on all matters of constitutional concern and policy decisions. He managed all legal proceedings involving the caucus and served as the liaison to the Governor’s Counsel’s office and all executive branch departments and agencies. He oversaw the Assembly Law & Public Safety, Judiciary, Education, and Financial Institutions & Insurance committees. While serving as General Counsel he also accomplished the following:

• Drafted amendments to dozens of pieces of legislation.
• Advised caucus concerning the Justice Verniero impeachment process.
• Responsible for parliamentary procedure and all constitutional questions; and
• Advised and prepared Democratic caucus to the 2001 Congressional Redistricting Commission.

After his tenure on the Assembly staff, Rich became a registered Government Affairs Agent and regulatory attorney representing Fortune 500 corporations in the State. Amongst his government affairs accomplishments, he counts:

• Assisting in securing the passage of amendments to the Long-Term Tax Exemption Act - responsible for salvaging tens of millions of development dollars invested in the State’s inner cities; and the Nursing Home Quality of Care Improvement Fund Act - responsible for adding over $100 million in federal funds to the State’s 2004 budget.
• Drafting amendments to and assisting in securing the passage of the Energy Discount and Energy Competition Act, the Predatory Lending Act, the state budget, and numerous utility, health care, insurance, and banking measures.
• Developing successful Supreme Court legal arguments for a challenge to state regulation resulting in return of a $7 million assessment to client; briefing and arguing numerous claims arising from administrative orders and regulations before the State Supreme Court and Appellate Division.