Rachel Collins Clarke

Member

Philadelphia

(215) 665-6957

(215) 665-2013

Rachel is an experienced litigator who represents clients facing both criminal and civil liability. She has counseled a variety of clients, ranging from individuals to Fortune 100 companies, in a wide swath of industries, including health care, financial technology, cannabis, petrochemicals and real estate. Although Rachel has extensive trial experience, she understands the toll trial takes on an individual or a company and therefore works collaboratively with her clients to creatively solve their problems while avoiding litigation.

In her criminal defense and internal investigations practice, Rachel advises clients facing allegations of financial fraud, tax violations, political corruption and violations of the Foreign Corrupt Practices Act. She also has experience defending clients in enforcement investigations led by the Securities and Exchange Commission. Additionally, Rachel helps companies conduct internal investigations and develop comprehensive compliance programs. Rachel’s commercial work includes representing clients in state and federal courts around the country in complex commercial litigation. This work consists of litigating claims of breach of contract, common law fraud, breach of fiduciary duty, civil conspiracy, negligence, product liability and other tort and business disputes. 

Following her work as a litigation associate at an international law firm, Rachel served as an assistant district attorney at the Philadelphia District Attorney's Office. She prosecuted cases involving violent crimes, financial crimes, fraud and obstruction-related conduct, weapons offenses, and narcotics trafficking. Among other successes, Rachel first-chaired more than 100 trials to verdict, including numerous jury trials, litigated more than 150 motions, and trained and mentored incoming attorneys.

Rachel also maintains an active pro bono practice that includes seeking humanitarian parole for Afghan refugees and serving as a pro bono attorney for the Support Center for Child Advocates, a nonprofit organization that represents abused and neglected children in Philadelphia. 

Rachel received her bachelor’s degree from The College of William & Mary and earned her law degree from the Georgetown University Law Center. 

Experience

Criminal Defense

  • Representing durable medical goods provider in defending fraud charges for alleged billing irregularities.
  • Representing former CEO of a financial technology company in ongoing SEC and DOJ investigation.  Obtained releases from plaintiffs’ securities counsel and no charges have been filed. 
  • Represented the founder and CEO of a cryptocurrency company facing fraud charges for alleged mismanagement of investor funds.  Brokered settlement with investors and no charges have been filed. 
  • Represented an individual under criminal investigation by prosecutors for attempted murder charges.  Our advocacy led to the client being charged with misdemeanors, receiving a probation sentence and earning early release from GPS monitoring. 
  • Represented a prominent political donor facing investigation by the FBI for potential campaign finance, bribery and FARA charges.  No charges have been filed.
  • Represented laboratory testing company facing allegations of fraud related to testing irregularities for various chemical products.  Company has avoided all charges.
  • Serving as counsel for several executives of nuclear energy company facing Government scrutiny for alleged fraud.  While other executives are under indictment, our clients remain witnesses.
  • Represented real estate developer in restating tax records to avoid audit and potential criminal charges.  Client has avoided audit and all charges.

Litigation

  • Advise rehabilitator of state-run insurance company in effort to recoup squandered funds. 
  • Manage litigation for a utility that is being pursued by a local ski resort for a $34 million claim regarding alleged discharge into a public waterway. 
  • Represented multinational pharmaceutical company against a competitor in contempt of a permanent injunction for trademark violations.  Obtained order forcing competitor to disgorge profits and awarding attorneys’ fees and costs. 
  • Achieved favorable settlement for family-owned manufacturing business alleging breach of contract and fraud claims against acquiring hedge fund company.
  • Represented private equity fund in contract dispute with former business partner regarding the formation of a cannabis company.  Case was resolved favorably through settlement.
  • Represented former owners of sprawling medical practice and real estate investment in business dispute with former partners.  Representation resulted in favorable result at arbitration
  • Represented medical device company in responding to third party subpoenas related to a False Claim Act case.  Engaged in extensive negotiations to significantly narrowed the scope of the subpoena; client has avoided being named a party in this litigation. 

Investigations

  • Worked on behalf of a publicly-traded biopharmaceutical company to conduct an internal  investigation into the restatement of financial results.  Investigated and reported findings and recommendations to audit committee.
  • Conducted investigation into oil company’s compliance with the Foreign Corrupt Practices Act and U.S. sanctions levied against a foreign government.
  • Represented several executives at a publicly traded financial technology company that was subject to a wide-ranging fraud investigation with potential criminal consequences.  Executives have avoided criminal charges. 
  • Provided comprehensive analysis of child abuse policies at major university. 
  • Represented broker-dealer in SEC investigation analyzing bond trading prices.  Client avoided being named as a defendant in any charges and civil claims. 

Pro Bono

  • Representing Afghan family seeking humanitarian parole
  • Serves as a Child Advocate for juveniles in the child welfare system.

News

Tariff Takedown: Why Ambiance Apparel's $118 Million Federal Case is Fashion's Cautionary Tale

September 22, 2020

Danielle Garno and Rachel Collins Clarke were featured in a Sourcing Journal article which discusses how federal prosecutors have filed charges against a Los Angeles Fashion District clothing importer.

Cozen O'Connor Promotes 27 to Membership

May 01, 2019

Cozen O'Connor is pleased to recognize 27 attorneys with the promotion to member: Dylan Alper, Philip J. Berens, Alison Weintraub Berson, Evan Berquist, Alexandra Campau, Alissa K. Christopher, Matthew D. Clyde, Rachel Collins Clarke, Michael A. Corgan, Matthew L. Elkin, Nicole M. Ellis, Alex H. Hayden, David S. Huard, Haryle Kaldis, David Kirchblum, Matthew Evan Lewitz, Jesse Ryan Loffler, Samantha L. Mazo, Lindsey A. Miller, Jeffrey M. Monhait, Jonathan Nase, Jacqueline Promislo, Shelby K. Riney, Kelly Shinn, Terri A. Sutton, Daniel P. Thiel, and Laura Zulick.

Publications

SEC Approves Anticipated Nasdaq Board Diversity Rules [Alert]

August 10, 2021

Rachel Collins Clarke, Mehrnaz Jalali, and Kathy Jaffari discuss Nasdaq's new rules that require Nasdaq-listed companies to either have or explain why they do not have at least two diverse directors.

PPP Fraud Is Ripe for Enforcement in 2021. Can Self-Disclosure & Cooperation Create a Path to Leniency? [Alert]

February 17, 2021

Rachel Collins-Clarke and Calli Padilla discuss the government's government enforcement of abuse of the CARES Act, PPP, or Economic Aid Act.

DOJ Prosecutes Fashion Company For Skirting Customs Tariffs - Could This Be The Hot New Trend? [Alert]

September 02, 2020

Danielle Garno, Rachel Collins Clarke, and Joseph Simpson discuss the DOJ's action against Ambiance Apparel and what it could mean for other fashion companies.

Summary and Analysis of Key Provisions of the CARES Act

March 28, 2020

Members of Cozen O'Connor's Coronavirus Task Force provide analysis of the CARES Act and how it will impact small businesses, distressed industries, employers and employees, taxes, and the health care, real estates, and energy industries.

United States-Mexico-Canada Agreement – A Tool to Fight Corruption

February 20, 2020

Rachel Collins-Clarke and Thomas Ingalls discuss the USMCA and why companies would be wise to proactively update their compliance programs in light of the recommendations contained within it.

OFAC Issues Compliance Guidance to Companies [Alert]

May 09, 2019

Stephen Miller and Rachel Collins Clarke discuss OFAC's expectations for effective sanctions compliance programs.

Notice of Appeal Winter 2019

January 04, 2019

A quarterly newsletter reviewing Third Circuit opinions impacting white collar criminal lawyers.

U.S. Supreme Court Weighs Execution of Prisoner with Severe Dementia

December 05, 2018

In AmLaw Litigation Daily, Stephen Miller and Rachel Collins Clarke discuss the fact that the US Supreme Court is considering whether the Eighth Amendment’s prohibition against cruel and unusual punishment bars the execution of an inmate who no longer remembers his own name, much less committing the capital crime of conviction.

Société Générale’s $1.34 Billion Penalty Highlights the Importance of a Robust Compliance Function [Alert]

November 27, 2018

Martin Bloor, Linda Regis-Hallinan, and Rachel Collins Clarke discuss the $1.34 billion in penalties that are part of a settlement with federal and state authorities to resolve U.S. sanctions violations involving Cuba, Iran, and Sudan.

Notice of Appeal Fall 2018

October 05, 2018

A quarterly newsletter reviewing Third Circuit opinions impacting white collar criminal lawyers.

Implications of Increasingly Invasive Technological Searches at Airports

September 19, 2018

Martin Bloor and Rachel Collins Clarke discuss the increased frequency of electronic device searches at airports, in an article published in the White Collar Crime Committee Newsletter of the American Bar Association Criminal Justice Section.

Notice of Appeal Summer 2018

July 09, 2018

A quarterly newsletter reviewing Third Circuit opinions impacting white collar criminal lawyers.

Notice of Appeal Spring 2018

April 12, 2018

A quarterly newsletter reviewing Third Circuit opinions impacting white collar criminal lawyers.

Supreme Court Tackles Fourth Amendment Case Involving Cellphone Privacy [The Legal Intelligencer]

February 07, 2018

Stephen Miller and Rachel Collins Clarke, members of Cozen O'Connor's Criminal Defense & Internal Investigations Practice, co-authored in The Legal Intelligencer, “Supreme Court Tackles Fourth Amendment Case Involving Cellphone Privacy."

Education

  • Georgetown University Law Center, J.D., 2012
  • College of William and Mary, B.A., 2008
  • Pennsylvania
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- Middle District of Pennsylvania
  • U.S. District Court -- Eastern District of Michigan
  • U.S. District Court -- Western District of Pennsylvania

Federal Criminal Law Committee – E.D. Pa. (Member)

Friends of Spring Garden School (Founder and Board Member)

Philadelphia Bar Association (Member)

West Poplar Neighborhood Association (Founder and President)

Women’s White Collar Defense Association (Member)

University of Pennsylvania, Inn of Court (Member)

Spring Arts Merchants Association (Founding Member)