Donald S. Scherzer

Shareholder
Cleveland
1375 East Ninth Street
One Cleveland Center, 10th Floor
Cleveland, OH 44114
P 216.615.7418
F 216.623.0134
P 216.615.7418 | F 216.623.0134



Overview

Mr. Scherzer’s practice focuses on representative matters that involve: complex business and commercial litigation; civil and criminal antitrust enforcement, both nationally and internationally; trade regulation and distribution issues; civil and criminal Medicare and Medicaid fraud; civil and criminal securities fraud; civil and criminal bank fraud; Foreign Corrupt Practices Act (FCPA) civil and criminal matters; civil and criminal tax fraud; and civil and criminal environmental litigation.

He has represented plaintiffs and defendants in a variety of civil and criminal matters internationally and throughout the U.S. in state and federal courts. Mr. Scherzer also has experience with The False Claims Act.

Experience
  • Served as a Prosecutor with the United States Department of Justice, Antitrust Division for seven years;  lead counsel on several major criminal and civil cases.
  • Represented several health care providers, or individuals, in numerous Medicare and Medicaid criminal investigations.
  • Represented senior officers of Fortune 250 corporations in SEC investigations.
  • Represented senior officers of Fortune 250 corporations in FCPA investigations.
  • Represented senior bank officers in Office of the Comptroller of Currency and Federal Reserve Bank investigations.
  • Represented major dairy company in a grand jury investigation and accompanying class action. No criminal charges were filed and the class action was settled for nuisance value.
  • Represented large manufacturer in a criminal case and accompanying class action. Manufacturer paid a minimal fine and settled class action for minimal amount.
  • Represented former CEO of a major foreign agricultural producer in a grand jury investigation which resulted in no criminal charges being filed against him.
  • Represented numerous other senior executives in a variety of international and domestic grand jury investigations, none of which resulted in the senior executives being indicted.
  • Served as Pool Counsel for managerial employees in several grand jury & SEC investigations, none of which resulted in charges against these employees.
  • Represented supermarket chain in a pre-merger investigation by the FTC in connection with its acquisition by a large regional supermarket chain.
  • Conducted numerous Antitrust Compliance Programs throughout the United States for Fortune 500 corporations, large manufactures and other companies.
  • Represented a chain of newspapers in a pre-merger investigation by the United States Department of Justice in connection with its acquisition by a larger newspaper chain.
Services

Industries

Education

  1. Case Western Reserve University School of Law, J.D.
    • Law Review
  2. Bowling Green State University, B.S., Economics

Credentials

Bar Admissions
  1. Ohio
Court Admissions
  1. U.S. Court of Appeals, Ninth Circuit
  2. U.S. Court of Appeals, Sixth Circuit
  3. U.S. Court of Appeals, Third Circuit
  4. U.S. District Court, Northern District of Ohio
  5. U.S. District Court, Southern District of Ohio
  6. U.S. Supreme Court
  7. U.S. Tax Court

Recognitions

  • AV® Preeminent™ rating from Martindale-Hubbell Law Directory
  • Selected by Chambers USA "Leaders in their Field" for Litigation: White-Collar Crime & Government Investigations, Ohio (2012-2018)
  • Named to The Best Lawyers in America© for Antitrust Law (2005-2011); Commercial Litigation (2005-2012 & 2014-2019); Litigation – Antitrust (2012-2019); Litigation – Securities (2012-2019); Criminal Defense - White Collar (2018-2019)
  • Named The Best Lawyers in America©  "Lawyer of the Year" for Litigation - Antitrust (2017)
  • Selected as an "Ohio Super Lawyer" by Ohio Super Lawyers magazine (2004-2019)
  • Selected as one of "Top 100 Ohio Lawyers" by Ohio Super Lawyers magazine (2007-2011)
  • Selected as one of "Top 50 Cleveland Lawyers" by Ohio Super Lawyers magazine (2007-2009)
  • Recognized as a 2010 Leading Lawyer by Inside Business Magazine

Affiliations

Professional Affiliations
  • Ohio State Bar Association, Chairman, Board of Governors and Antitrust Law Section (1997-1998)
  • Federal Bar Association
    • Antitrust and Trade Regulation Section, Chairman (1986-1987)
    • Northern District of Ohio Chapter, President (1984-1985)
  • American Bar Association, Antitrust and Litigation Sections
  • Cleveland Metropolitan Bar Association
  • Life Member of the Sixth Circuit Judicial Conference
  • John M. Manos Inn of Court, Master Bencher
Community Affiliations
  • Served as trustee and officer of numerous civic and nonprofit organizations including:
    • President of The Temple-Tifereth Israel (2015-present)
    • Trustee of the Mt. Sinai Health Care Foundation (2014-present)
    • Former Trustee of Mt. Sinai Hospital, Cleveland
    • Former Trustee of Laurelwood Hospital
    • Chair of the Montefiore Home (2005-2008)
    • President of the Shaker Heights Youth Center (1986-1987)
    • Former Trustee of Bellefaire JCB
    • Former Trustee of American Jewish Committee, Cleveland Chapter

Insights

  1. Alerts
    FDA Delays Enforcement of Product Tracing Rules for Pharmacies (Jul 6, 2015)
    Foreign Corrupt Practices Act: FBI Increasing Resources to Fight Corruption (Mar 10, 2015)
    International Law Enforcement Efforts Demonstrate Success in Australian Foreign Bribery Arrests (Mar 2, 2015)
    U.S. Supreme Court Says State Professional Boards may be Subject to Federal Antitrust Laws (Feb 26, 2015)
    Compliance Officers Be Prepared: Combating Corruption Named a Priority in President's National Security Strategy (Feb 12, 2015)
  2. Presentations
    "Advice from the Experts - Successful Strategies for Winning Commercial Cases in Federal Courts"
    "Working With Experts - Reports and Trial Preparation" - Use of Experts in Commercial Litigation in Ohio seminar
    "Crossing the Line - When Civil Conduct Becomes Criminal"
    Chaired and lectured at numerous continuing legal education (CLE) programs on antitrust law, business litigation, environmental law and white collar crime
  3. Firm News
    32 Roetzel Attorneys Honored as 2019 Ohio Super Lawyers and Rising Stars (Dec 11, 2018)
    Over 50 Roetzel & Andress LPA Attorneys Named to 2019 The Best Lawyers in America© List (Aug 17, 2018)
    Roetzel Shareholders Recognized with Top Rankings in Chambers USA 2018 (May 4, 2018)
    Thirty Eight Roetzel Attorneys Honored as 2018 Ohio Super Lawyers and Rising Stars (Dec 6, 2017)
    Roetzel Honored with Top Rankings in Chambers USA 2017 (May 26, 2017)

Overview

Mr. Scherzer’s practice focuses on representative matters that involve: complex business and commercial litigation; civil and criminal antitrust enforcement, both nationally and internationally; trade regulation and distribution issues; civil and criminal Medicare and Medicaid fraud; civil and criminal securities fraud; civil and criminal bank fraud; Foreign Corrupt Practices Act (FCPA) civil and criminal matters; civil and criminal tax fraud; and civil and criminal environmental litigation.

He has represented plaintiffs and defendants in a variety of civil and criminal matters internationally and throughout the U.S. in state and federal courts. Mr. Scherzer also has experience with The False Claims Act.

Experience
  • Served as a Prosecutor with the United States Department of Justice, Antitrust Division for seven years;  lead counsel on several major criminal and civil cases.
  • Represented several health care providers, or individuals, in numerous Medicare and Medicaid criminal investigations.
  • Represented senior officers of Fortune 250 corporations in SEC investigations.
  • Represented senior officers of Fortune 250 corporations in FCPA investigations.
  • Represented senior bank officers in Office of the Comptroller of Currency and Federal Reserve Bank investigations.
  • Represented major dairy company in a grand jury investigation and accompanying class action. No criminal charges were filed and the class action was settled for nuisance value.
  • Represented large manufacturer in a criminal case and accompanying class action. Manufacturer paid a minimal fine and settled class action for minimal amount.
  • Represented former CEO of a major foreign agricultural producer in a grand jury investigation which resulted in no criminal charges being filed against him.
  • Represented numerous other senior executives in a variety of international and domestic grand jury investigations, none of which resulted in the senior executives being indicted.
  • Served as Pool Counsel for managerial employees in several grand jury & SEC investigations, none of which resulted in charges against these employees.
  • Represented supermarket chain in a pre-merger investigation by the FTC in connection with its acquisition by a large regional supermarket chain.
  • Conducted numerous Antitrust Compliance Programs throughout the United States for Fortune 500 corporations, large manufactures and other companies.
  • Represented a chain of newspapers in a pre-merger investigation by the United States Department of Justice in connection with its acquisition by a larger newspaper chain.

Education

  1. Case Western Reserve University School of Law, J.D.
    • Law Review
  2. Bowling Green State University, B.S., Economics

Credentials

Bar Admissions
  1. Ohio
Court Admissions
  1. U.S. Court of Appeals, Ninth Circuit
  2. U.S. Court of Appeals, Sixth Circuit
  3. U.S. Court of Appeals, Third Circuit
  4. U.S. District Court, Northern District of Ohio
  5. U.S. District Court, Southern District of Ohio
  6. U.S. Supreme Court
  7. U.S. Tax Court

Recognitions

  • AV® Preeminent™ rating from Martindale-Hubbell Law Directory
  • Selected by Chambers USA "Leaders in their Field" for Litigation: White-Collar Crime & Government Investigations, Ohio (2012-2018)
  • Named to The Best Lawyers in America© for Antitrust Law (2005-2011); Commercial Litigation (2005-2012 & 2014-2019); Litigation – Antitrust (2012-2019); Litigation – Securities (2012-2019); Criminal Defense - White Collar (2018-2019)
  • Named The Best Lawyers in America©  "Lawyer of the Year" for Litigation - Antitrust (2017)
  • Selected as an "Ohio Super Lawyer" by Ohio Super Lawyers magazine (2004-2019)
  • Selected as one of "Top 100 Ohio Lawyers" by Ohio Super Lawyers magazine (2007-2011)
  • Selected as one of "Top 50 Cleveland Lawyers" by Ohio Super Lawyers magazine (2007-2009)
  • Recognized as a 2010 Leading Lawyer by Inside Business Magazine

Affiliations

Professional Affiliations
  • Ohio State Bar Association, Chairman, Board of Governors and Antitrust Law Section (1997-1998)
  • Federal Bar Association
    • Antitrust and Trade Regulation Section, Chairman (1986-1987)
    • Northern District of Ohio Chapter, President (1984-1985)
  • American Bar Association, Antitrust and Litigation Sections
  • Cleveland Metropolitan Bar Association
  • Life Member of the Sixth Circuit Judicial Conference
  • John M. Manos Inn of Court, Master Bencher
Community Affiliations
  • Served as trustee and officer of numerous civic and nonprofit organizations including:
    • President of The Temple-Tifereth Israel (2015-present)
    • Trustee of the Mt. Sinai Health Care Foundation (2014-present)
    • Former Trustee of Mt. Sinai Hospital, Cleveland
    • Former Trustee of Laurelwood Hospital
    • Chair of the Montefiore Home (2005-2008)
    • President of the Shaker Heights Youth Center (1986-1987)
    • Former Trustee of Bellefaire JCB
    • Former Trustee of American Jewish Committee, Cleveland Chapter

Insights

  1. Alerts
    FDA Delays Enforcement of Product Tracing Rules for Pharmacies (Jul 6, 2015)
    Foreign Corrupt Practices Act: FBI Increasing Resources to Fight Corruption (Mar 10, 2015)
    International Law Enforcement Efforts Demonstrate Success in Australian Foreign Bribery Arrests (Mar 2, 2015)
    U.S. Supreme Court Says State Professional Boards may be Subject to Federal Antitrust Laws (Feb 26, 2015)
    Compliance Officers Be Prepared: Combating Corruption Named a Priority in President's National Security Strategy (Feb 12, 2015)
  2. Presentations
    "Advice from the Experts - Successful Strategies for Winning Commercial Cases in Federal Courts"
    "Working With Experts - Reports and Trial Preparation" - Use of Experts in Commercial Litigation in Ohio seminar
    "Crossing the Line - When Civil Conduct Becomes Criminal"
    Chaired and lectured at numerous continuing legal education (CLE) programs on antitrust law, business litigation, environmental law and white collar crime
  3. Firm News
    32 Roetzel Attorneys Honored as 2019 Ohio Super Lawyers and Rising Stars (Dec 11, 2018)
    Over 50 Roetzel & Andress LPA Attorneys Named to 2019 The Best Lawyers in America© List (Aug 17, 2018)
    Roetzel Shareholders Recognized with Top Rankings in Chambers USA 2018 (May 4, 2018)
    Thirty Eight Roetzel Attorneys Honored as 2018 Ohio Super Lawyers and Rising Stars (Dec 6, 2017)
    Roetzel Honored with Top Rankings in Chambers USA 2017 (May 26, 2017)