Davina Pujari

Davina’s government experience includes serving as an assistant US attorney in the White Collar Crimes and Major Crimes Sections of the US Attorney’s Office for the Northern District of California, a senior assistant district attorney in the Special Prosecutions Division of the San Francisco District Attorney’s Office, and an EPA enforcement attorney. In these roles, she investigated and prosecuted environmental cases under the Clean Water Act, Endangered Species Act, Lacey Act, and other federal and state environmental statutes. Davina has also prosecuted and tried white collar cases involving bribery, false statements, fraud, identity theft, and use of the internet for criminal purposes.

• A company in connection with a contaminated property assessment and response, protection of workers from possible vapor intrusion, and threatened litigation with landlord and neighboring property owners.*
• A company in an investigation by Cal OSHA for alleged workplace safety violations leading to severe employee injury. Resolved case via administrative settlement.*
• An individual in action by District Attorney and California Department of Fish & Wildlife alleging violations of Fish & Game Code. Resolved case via civil settlement.*
• A company in an action by District Attorney alleging violations of the California Accidental Release Prevention program. Resolved case via civil settlement.*
• Counseled and represented companies responding to investigations and enforcement actions following environmental spills and incidents.*
• Counseled companies regarding acquisition of environmentally impacted properties and protection from potential liability.*

Environmental Criminal Defense

• A company in federal criminal investigation of alleged unlawful disposal of hazardous waste and hazardous substances. No charges were filed.
• A company in federal criminal investigation of alleged violations of the Clean Air Act and National Emission Standards for Hazardous Air Pollutants. No charges were filed.
• A Class I railroad in federal criminal investigation following a derailment and alleged release of hazardous substances. No charges were filed.*
• An individual in criminal prosecution under the Endangered Species Act and the Lacey Act for alleged unlawful transactions involving protected wildlife. All charges were dismissed by the Department of Justice.*
• A public agency in a federal criminal investigation of alleged violations of the Clean Water Act and reporting laws. No charges were filed.*
• A company and its employees in a federal criminal investigation of alleged violations of the Endangered Species Act relating to the importation and sale of listed species. No charges were filed.*
• An individual in a federal criminal investigation of alleged violations of Section 404 of the Clean Water Act for unlawful filling in waters of the United States. No charges were filed.*
• An individual in federal Clean Water Act prosecution for alleged falsification of reports and unlawful discharges to water. Obtained reduced sentencing guidelines calculation based on ambiguities in the discharge permit.*
• A company in state prosecution for failure to file updated California Hazardous Materials Business Plan. Resolved case via plea agreement to an infraction.*
• A chemical company in parallel criminal/civil and state/federal investigations for labeling and marketing violations under pesticide laws. Resolved case with a misdemeanor plea.*
• An employee in an investigation and prosecution under the Act to Prevent Pollution from Ships for alleged dumping of oil in ocean. Charges were dismissed.*

White Collar and General Criminal Cases

• An individual charged with antitrust crimes and mail fraud for alleged “bid-rigging” activities at public foreclosure auctions. Negotiated a plea agreement with reduced sentencing guidelines calculations.*
• Employees of a community mental health provider who were called as witnesses in state homicide prosecution.*
• Companies under investigation by the California attorney general for alleged Medi-Cal fraud.*
• An individual charged with bank fraud and tax evasion in context of mortgage and real estate transactions. Obtained variance from sentencing guidelines.*
• A material witness in a grand jury investigation of alleged telemarketing billing violations.*
• An individual charged with distribution of controlled substances via an internet pharmacy.*

Internal Investigations and Audits 

• Conducted an internal investigation for company following threats of workplace violence by employee, including interviews of supervisors, threatened employees, and subject employee.*
• Conducted a time-critical internal investigation for company victimized by employee fraud and theft. Assisted FBI and US Attorney’s Office in computation of loss and identification and prosecution of co-conspirators. Obtained restitution and negotiated civil settlement agreements.*
• Conducted an internal investigation of alleged air violations made by whistleblower and provided recommendations for improved compliance protocols for a major company.*
• Conducted a multi-facility audit for biotechnology company regarding possible violations of environmental laws governing use and reporting of chemicals and developed reporting strategy and protocols to minimize potential penalties.*

* Experience gained prior to joining Mayer Brown