James W. Kraus

Partner

Phone: (412) 263-4370
Fax: (412) 263-2001
E-mail: JWK@Pietragallo.com

JAMES W. KRAUS is a partner in the Pittsburgh office of Pietragallo Gordon Alfano Bosick & Raspanti, LLP, where he serves as Co-Chair of both the Government Enforcement, Compliance, and White Collar Litigation Practice Group and the Cyber Liability & Technology Law Practice Group. He is also a member of the firm's Health Care Practice Group. Mr. Kraus concentrates his practice in the areas of white collar criminal defense and internal investigations, health care litigation and financial services litigation.

Mr. Kraus previously served as a JAG criminal prosecutor with the U.S. Army’s 4th Infantry Division. He later served as environmental litigation counsel for the Department of the Army in Washington, DC. After leaving active duty, he continued service in the Army Reserve until 2000, reaching the rank of Major.

He has extensive trial experience in a broad range of substantive legal areas. Over the past five years alone, Mr. Kraus has taken cases to trial on more than 20 occasions in a wide variety of complex matters, including health care litigation, securities matters, preliminary injunction proceedings and criminal trials in both state and federal court. During this same period of time, Mr. Kraus handled environmental litigation and regulatory enforcement matters. In addition to his work in the courtroom, Mr. Kraus has conducted numerous internal investigations for corporate clients.

Examples of results recently achieved in such matters by Mr. Kraus include acquittals in two federal criminal trials, defense verdicts in four health care liability trials, a reversal of a criminal conviction in the DC Court of Appeals (vacating a ten year prison sentence), and defense awards in several FINRA securities arbitration matters. He has also recently obtained substantial downward departures under the U.S. Sentencing Guidelines in several federal criminal matters.

Mr. Kraus serves as Chair of the Defense Research Institute (DRI) Government Enforcement and Corporate Compliance Committee (GECC). He also serves as Co-Chair of the American Bar Association's (ABA) Criminal Justice Section White Collar Crime Committee Mid-Atlantic Region Subcommittee. In addition, Mr. Kraus is a member of the National Association of Criminal Defense Lawyers (NACDL), the Pennsylvania Association of Criminal Defense Lawyers (PACDL) and the American Health Lawyers Association (AHLA). He also serves on the Criminal Law Sections for the Pennsylvania and Allegheny County Bar Associations, and is a member of the Civil Litigation and Individual Rights Sections of the District of Columbia Bar Association.

Mr. Kraus has been named a Pennsylvania Super Lawyer in the area of Criminal Defense: White Collar in 2012, 2013, and 2014.

Mr. Kraus also serves as a guest lecturer and subject matter expert for Carlow University’s Masters of Fraud and Forensics program. This includes consultation in curriculum development and lectures on various subjects relating to criminal and civil fraud litigation.

Mr. Kraus is also active in the community. He previously served as an elected city council member for the City of Butler where he was the Director of Public Safety. In 2008, Mr. Kraus was appointed by Governor Edward G. Rendell to serve as Butler’s Emergency Management Coordinator. He also serves as President of the Board of Directors of the Alliance for Non-Profit Resources.

Follow me on Twitter@White_Collared

Speaking Engagements

“Legal Review of Healthcare Fraud and Abuse Laws,”  Peripheral Nerve Stimulator Hands-On Pain Management Conference, (Pavilion X, Pittsburgh, PA) March 2013

“Changes in the Plea Process,” National Symposium:  Plea Bargaining After Lafler and Frye (Duquesne University School of Law, Pittsburgh, PA) March, 2013

“Reflecting on Whitewater, Lessons in the Art of Negotiating Proffer Agreements Through the Prism of a Presidential Crisis,”  Pennsylvania Association of Criminal Defense Lawyers White Collar Practice Seminar (Philadelphia, PA), November 2012

“SOX to Dodd Frank, 10 years of Increased Government Enforcement," The Defense Research Institute Annual Meeting, Government Enforcement and Corporate Compliance Committee CLE (New Orleans, LA), October 2012  

"Key Steps in Initiating a Fraud Investigation," Carlow University, Fraud and Forensics Masters Program, Guest Lecturer (Pittsburgh, PA), April 2012

"Gathering, Storing, and Preserving Evidence," Carlow University, Fraud and Forensics Masters Program, Guest Lecturer (Pittsburgh, PA), April 2012

"Conducting the Witness Interview," Carlow University, Fraud and Forensics Masters Program, Guest Lecturer (Pittsburgh, PA), April 2012

"Factors and Considerations in Fraud Prosecutions," Carlow University, Fraud and Forensics Masters Program, Guest Lecturer (Pittsburgh, PA), April 2012

"Preparing the Report of Investigation," Carlow University, Fraud and Forensics Masters Program, Guest Lecturer (Pittsburgh, PA), April 2012

"Offers and Proffers – Reflecting on Clinton, Starr and the People of Whitewater: Cooperating Witnesses and Defendents," The Mid-Atlantic Region Subcommittee of the ABA’s White Collar Crime Committee CLE Program (Pittsburgh, PA), December 2011

"Sarbanes Oxley: Key Features, Business Environment Precursors, and Legacy," Carlow University, Fraud and Forensics Masters Program, Guest Lecturer (Pittsburgh, PA), December 2011

"Criminal and Civil Fraud: Comparison and Contrast," Carlow University, Fraud and Forensics Masters Program, Guest Lecturer (Pittsburgh, PA), December 2011

"Motions Practice: The Shaping of a Fraud Case," Carlow University, Fraud and Forensics Masters Program, Guest Lecturer (Pittsburgh, PA), December 2011

"ADR and the Fraud Case," Carlow University, Fraud and Forensics Masters Program, Guest Lecturer (Pittsburgh, PA), December 2011

"Effective Use of Expert Witnesses," Carlow University, Fraud and Forensics Masters Program, Guest Lecturer (Pittsburgh, PA), December 2011

"Trends in Criminal and Civil Sanctions Under the False Claims Act," The Defense Research Institute Annual Meeting, Government Enforcement and Corporate Compliance Committee CLE (Washington, DC), October 2011  

"Environmental Compliance and Criminal Enforcement," The Mid-Atlantic Region Subcommittee of the ABA's Criminal Justice Section White Collar Crime Committee CLE Program (Pittsburgh, PA), December 2010

"Responding to Government Investigations," Association of Certified Fraud Examiners (Pittsburgh, PA), December 2010

"Document Retention and Destruction," Lorman Education Services (Pittsburgh, PA), September 2009 

James  W. Kraus Portrait

PRACTICE AREAS

NEWS

PUBLICATIONS

BAR ADMISSIONS

Pennsylvania

West Virginia

Ohio

District of Columbia

U.S. Supreme Court

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. District Court - Eastern District of Pennsylvania

U.S. District Court - Middle District of Pennsylvania

U.S. District Court - Western District of Pennsylvania

U.S. District Court - Northern District of Ohio

U.S. District Court - Southern District of Ohio

U.S. District Court - Northern District of West Virginia

U.S. District Court - Southern District of West Virginia

EDUCATION

J.D., Dickinson School of Law

B.A., Washington and Jefferson College