Richard F.X. Guay is a Member of Meyer, Suozzi, English & Klein, P.C.’s Litigation & Dispute Resolution department and Chair of the firm’s Criminal Defense law practice. Mr. Guay is a highly experienced trial and appellate attorney whose dual criminal defense and civil litigation practice, before the federal and state courts, is concentrated in the areas of white collar criminal defense, RICO liability and remedies, complex commercial civil litigation, professional liability, insurance defense, antitrust, products liability, and public interest law.
Over his more than 25 years of practice, Mr. Guay has chiefly appeared for the defense, representing corporations, labor unions, partnerships, business executives, union officials, licensed professionals, and other clients accused by criminal indictment or civil pleadings, in racketeering, fraud (securities, insurance, tax, Medicaid, and commercial,) and antitrust cases, especially federal RICO, ‘mail fraud,’ money laundering, Hobbs Act (extortion,) and Sherman Act (antitrust) prosecutions and/or claims; and state ‘enterprise corruption,’ deceptive trade practices, environmental endangerment, and Donnelly Act ‘restraint-of-trade’ felony charges and/or damage suits. He has also defended insurance companies and their policyholders in civil actions ranging from coverage disputes, ‘bad faith’ claims, breach of contract, directors’ and officers’ liability, declaratory judgment, construction law liability, toxic torts, and grave personal injury, as well as medical malpractice and wrongful death claims. He has successfully defended hospitals, health-care practice groups, and individual physicians and providers.
Before joining Meyer, Suozzi, Mr. Guay was a senior, founding partner in the Manhattan litigation firm of Montclare & Guay, and an adjunct member of the law faculty of Brooklyn Law School. Earlier, he was a litigation associate in the Wall Street law firm of Mudge Rose Guthrie & Alexander, handling nuclear power plant lawsuits, as plaintiff’s counsel, against the nuclear energy industry. Most notably on the defense side, he handled the international extradition proceedings and criminal charges filed against a prominent fugitive financier following the billion-dollar collapse of his global banking empire, as chronicled in N. Tosches’ book Power on Earth (Arbor House, 1986.)
A former federal prosecutor, Mr. Guay served as an Assistant United States Attorney, Criminal Division, in the Eastern District of New York, where he was in charge of several salient organized crime and political corruption cases. A racketeering investigation he handled involving a major FBI undercover operation was later made into the film Donnie Brasco (TriStar Pictures, 1997). The same case, and Mr. Guay’s participation in it, was the subject of the cover story on criminal justice in the March 1994 issue of the American Bar Association’s ABA Journal. Another of his prosecutions, exposing extortion by a New York City Taxi Commissioner, was featured in the book City for Sale (Harper & Row, 1988,) by the investigative journalists Jack Newfield and Wayne Barrett. Mr. Guay received a United States Justice Department commendation for his successful prosecution in a national security probe.
Under the sponsorship of the New York State Bar Association, Mr. Guay has participated as an instructor in its continuing legal education seminars for trial lawyers on Practical Evidence and, most recently, Basic Federal Civil Practice (including co-authorship of the monograph it published on deposition technique). Each year since 1987, Mr. Guay has been rated “AV Preeminent” by Martindale-Hubbell, the highest level of professional excellence, and he was recognized by Long Island Pulse Magazine in 2010 and 2011 as one of the region’s “Top Legal Eagles”.
Long active in civic affairs and professional groups in New York City, Mr. Guay has served as an executive officer or member of the board of directors of numerous community, educational, and cultural institutions, including the Brooklyn Conservatory of Music and the Park Slope Civic Council.
As a public service, he regularly undertakes pro bono representation of needy, nonprofit associations dedicated to civic betterment and the arts. In addition, Mr. Guay has accepted several appointments by the federal judiciary to defend indigent clients in both civil and criminal cases. Most cited in that context was his due process challenge to prosecutorial misconduct during a ten-week criminal trial before a jury in the Eastern District of New York. United States v. Pinto, 850 F.2d 927, 931-35 (2d Cir. 1988.) In state court, the dismissals he gained pro bono for two immigrant greengrocers wrongly charged with assault, in People v. Ahn, Crim. Ct. Kings County 1985, were the focus of articles by legal columnist David Margolick, With a Little Help, 2 From Korea Find Legal System Works, The New York Times, Sept. 21, 1985, at B1, and by Peter Megargee Brown, reviewing models of public interest law, in ABA Litigation, Vol. 13, No. 2, Winter 1987, at 17-19.