REETUPARNA (REENA) DUTTA Partner

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1 Partner Reena specializes in white collar criminal defense and government and internal investigations. She has extensive experience representing clients in state and federal court, as well as in mediation, in connection with civil and criminal government investigations and prosecutions, most notably in relation to: The Federal False Claims Act The Foreign Corrupt Practices Act Tax Fraud Drug Offenses Environmental Violations Contract Disputes and Civil Fraud Claims Reena represents companies and individuals in the financial services, construction, real estate, higher education, and health care industries. She also regularly counsels clients on compliance and corporate governance matters, including compliance with various privacy laws and responding to grand jury subpoenas and other forms of legal process. Reena has also assisted companies in conducting internal investigations and also in responding to, and addressing, government-initiated investigations. She has also helped individuals navigate the complicated subpoena process when they unwittingly find themselves involved in a legal dispute. Reena has authored and presented on various topics relating to white collar criminal defense, and whistleblower developments and trends. The Guaranty Building 140 Pearl Street Suite 100 Buffalo, NY Areas of Practice Business Litigation Privacy, Data Breach & Cybersecurity Business Crimes & Criminal Investigations False Claims Act & Whistleblower Representation Home Care Wine, Beer & Spirits Admissions New York Education A.B., Dartmouth College J.D., with highest honors, George Washington University Law School Prior to joining Hodgson Russ, Reena was an Intern at the U.S. Department of Justice, Civil Appellate Division and a Law Clerk at the Office of the Senate Chief Counsel for Employment. Attorney advertising. Prior results do not guarantee a similar outcome. Practice restricted to U.S.

2 Honors Listed, Upstate New York Super Lawyers Rising Stars, Lawyers of Color Hot List, 2013 Order of the Coif, George Washington University Law School Former associate, George Washington Law Review American Institute of Criminal Lawyers Ten Best Under 40, 2016 Experience The government claimed a Hodgson Russ client defrauded New York State regarding an environmental remediation contract. The claim included charges of mail fraud and money laundering. After a federal court trial, the judge granted Hodgson Russ's motion for judgment of acquittal, acquitting the client of all charges. Hodgson Russ represents a national financial institution in day-to-day subpoena compliance. Compliance typically involves negotiations with various federal and state agencies and requires adherence to the Gramm Leach Bliley Act, the Right to Financial Privacy Act, and the Internal Revenue Code. A Hodgson Russ team led by Daniel C. Oliverio, and including John L. Sinatra, Jr., and Reetuparna (Reena) Dutta, represented an employee of Columbia University who alerted the government of the school s improper effort reporting in connection with a U.S. Health & Human Services (HHS) grant intended to fund its work in the area of AIDS/HIV prevention. A subsequent investigation revealed that Columbia, as administrator of the grants received through President Bush s Emergency Plan for AIDS Relief program, failed to verify that ICAP, a Columbia-affiliated health program, was charging the grant only for work its employees performed in service of approved projects. Columbia agreed to pay more than $9 million to settle the allegations of false claims lodged against the university by the U.S. government under the False Claims Act, making it one of the largest-ever HHS grant fraud cases against an institution of higher education. The whistleblower represented by Hodgson Russ received a portion of the settlement proceeds. The whistleblower, who has been terminated from his position at Columbia s ICAP, also retained Hodgson Russ in his retaliation claim against the university. Hodgson Russ lawyers convinced federal prosecutors for the Southern District of New York to dismiss a pending indictment against our client for conspiracy to commit securities fraud and wire fraud. Although the client was deemed a relatively minor participant in the scheme, the prosecutors were ultimately persuaded to dismiss the indictment based on the argument that there was a Speedy Trial Act violation that could result in pretrial dismissal by the court. The client is now able to move forward with his life and business activities without the threat of criminal sanctions. The U.S. Department of Veteran Affairs (VA) reversed its initial decision denying a company s application for certification as a U.S. Small Business Administration (SBA) Service-Disabled Veteran-Owned Small Business (SDVOSB), following prompt and assertive measures taken by Hodgson Russ attorneys. In this case, the VA denied a construction company s selfprepared application, citing as a basis deficiencies in the company s corporate governance documents. Despite being told by the VA to wait six months to appeal the decision, Hodgson Russ attorneys immediately worked with the company to comprehensively revise these documents to address the noted deficiencies. Once corrected, Hodgson Russ attorneys

3 appealed the denial to the VA s deputy director, requesting that the contracting company s application be reconsidered immediately and the six-month waiting period be waived. A short time later, the VA reversed its initial denial and verified the company as a participant in the program an unusual reversal, particularly outside of a court challenge. Convincing a federal jury that a prison inmate should be awarded compensatory and punitive damages for violations of his constitutional rights ranks among the more difficult things to achieve in a courtroom. But after a six-day trial, a Hodgson Russ team accomplished this feat when a jury awarded our client compensatory and punitive damages totaling $55,000. Stephen W. Kelkenberg and Reena Dutta represented the plaintiff, who had brought claims under 42 U.S.C. Section 1983, alleging that several New York State correctional officers and two sergeants at a correctional facility in upstate New York violated his Eighth Amendment right to be free from excessive force. The plaintiff initially represented himself in the case, but when it became evident the case was going to trial, the court assigned it to Hodgson Russ. The plaintiff s claims stemmed from a severe beating he endured, during which he alleged that nine guards punched, kicked, and slashed him while he was in full mechanical restraints. Our client claimed the assault was in retaliation for a grievance he had filed following a previous altercation with two of the defendants. Stephen and Reena performed the intense work of arguing motions, questioning hostile witnesses, cross-examining the defendants, and arguing the case before the jury. Their challenge was to convince the jury that the defendants assault was not merely a good-faith attempt to discipline an unruly inmate, but rather a premeditated action conducted with malicious intent. News The End of the Internal Investigation and the Risk of the Internal Whistleblower: Self-Disclosure in the FCPA Context The New York Law Journal, March 30, 2018 Seventy Hodgson Russ Attorneys Named to 2017 Upstate New York Super Lawyers, Hugh Russ Listed Among Top 50 Press Release, September 6, 2017 Hodgson Russ Announces Five Newly Elected Partners, Four Attorneys Promoted to Senior Associate Press Release, January 10, 2017 Sixty-three Hodgson Russ Attorneys Named to 2016 Upstate New York Super Lawyers, Hugh Russ Listed Among Top 50 Press Release, August 31, 2016 Sixty-Four Hodgson Russ Attorneys Named to 2015 Upstate New York Super Lawyers, Hugh Russ Listed Among Top 50 Press Release, August 19, 2015 Buffalo Lawyer Plays Key Role in Major Grant-Fraud Case Buffalo News, October 30, 2014 Columbia University to Pay $9 Million to Settle Allegations of False Claims in Connection With AIDS/HIV-Related Grant Press Release, October 30, 2014

4 63 Hodgson Russ Attorneys Named to Super Lawyers Listing Press Release, August 14, 2014 Hodgson Russ Announces Five Newly Elected Partners: Four Additional Attorneys Promoted to Senior Associate Press Release, January 3, 2014 Reetuparna Dutta Named to Lawyers of Color's Hot List July 22, 2013 Presentations HFMA 2017 Annual Institute Templeton Landing, December 7, 2017 Hodgson Russ Home Care Symposium Hodgson Russ LLP, NYC, June 20, 2017 Public Company Update 2017 Hodgson Russ, 140 Pearl St, Buffalo, NY, January 26, 2017 Current Trends and Practices in Mitigating FCPA Risks and Threats in Global Private Equity Ventures February 2, 2016 Public Company Update 2016 Hodgson Russ LLP, Buffalo, NY, January 21, 2016 Updates on the False Claims Act and Other Bases for Liability for Financial Institutions Buffalo, NY, March 5, 2014 Public Company Update 2013 Hodgson Russ, Buffalo, NY, November 13, 2013 Public Company Update 2012 Hodgson Russ LLP, Buffalo, NY, October 30, 2012 Public Company Update 2011 Hodgson Russ, Buffalo, NY, November 17, 2011 Public Company Update November 2010 Hodgson Russ, Buffalo, NY, November 10, 2010 Publications Budget Bill Brings Changes for LHCSAs and FIs Home Care Alert, April 2, 2018

5 Live-In Issue is Headed to the Court of Appeals Home Care Alert, March 7, 2018 Emergency Regulation Concerning Live-In Cases Lives On Home Care Alert, January 23, 2018 OMIG Releases Audit Protocols for CDPAP Home Care Alert, January 22, 2018 Another Federal Court Defers to the N.Y. DOL Opinion Letter on Compensation of Live-in Aides Home Care Alert, December 19, 2017 The Governor Signs Fiscal Intermediary Legislation Home Care Alert, December 19, 2017 Influenza Season and Related Obligations to Commence Home Care Alert, December 14, 2017 Workers Advocacy Group Seeks to Invalidate Emergency Regulation Relating to Live-In Aides Home Care Alert, December 13, 2017 DOH Releases Fiscal Intermediary Authorization Application Home Care Alert, November 3, 2017 Criminalization of the Regulatory State Buffalo Law Journal, September 21, 2015 Social Media Reena contributes to Hodgson Russ s Whistleblower Blog. Her blog entries include: "FCA Retaliation Claim Not Subject to Employment Agreement Arbitration Clause, According to Sixth Circuit," June 9, 2014 "Relators Win Right to Share of Proceeds Under False Claims Act," May 5, 2014 Another Banner Year for Recoveries Under the False Claims Act, December 23, 2013 Old Fraud Claims May Still Be Actionable Under Wartime Suspension of Limitations Act, March 27, 2013 Government Intervention Rights Broadly Interpreted, January 7, 2013 The Dodd-Frank Act and Whistleblowers: Broader Protection Than You Might Think, December 4, 2012 Ninth Circuit Decision Is, Oddly, Good News for Both Relators and Defendants, August 14, 2012 State False Claims Acts: It s Not Just the Federal Government Anymore, June 15, 2012 Health Care False Claims Act Settlements Increasing, March 21, 2012

6 False Claims Act Violations: When Is a Claim False?, January 25, 2012 Misappropriation of Confidential Information or Legitimate Whistleblowing?, October 31, 2011 What Laws Are Important Enough to Trigger False Claims Act Liability?, July 22, 2011 Will the WikiLeaks Scandal Threaten the Whistleblower Protection Act of 2011?, April 15, 2011 Whistleblower Lawsuit Costs GlaxoSmithKline $750 Million, January 7, 2011 Whistleblower Provisions in the Wall Street Reform Act, August 4, 2010 Community & Pro Bono United Way board of directors