Peter Hardy
Peter Hardy

Peter D. Hardy

Partner

hardyp@ballardspahr.com
Tel 215.864.8838
Fax 215.864.8999
Philadelphia

Peter Hardy advises corporations and individuals in a range of industries against allegations of misconduct—including tax fraud, money laundering, Bank Secrecy Act, mortgage fraud and lending law violations, securities fraud, health care fraud, public corruption, Foreign Corrupt Practices Act violations, and identity theft and data breach.

Mr. Hardy has extensive trial and appellate court experience. He oversees internal investigations, advises in potential disclosures to the Internal Revenue Service, and has litigated complex criminal matters at the trial and appellate levels. He also counsels clients through every stage of a tax controversy – from audit through administrative appeal to litigation and collection.

Before entering private practice, Mr. Hardy spent more than a decade as a federal prosecutor. He served as an Assistant U.S. Attorney in Philadelphia, where he focused on fraud and tax cases. He also served as a trial attorney for the Department of Justice’s Tax Division in Washington, D.C., where he tried cases in a number of federal districts and helped write the Department's Criminal Tax Manual.

A national thought leader on the subject of criminal tax and money laundering law, Mr. Hardy is the author of  Criminal Tax, Money Laundering, and Bank Secrecy Act Litigation, a well-reviewed and comprehensive legal treatise on the litigation of criminal tax, money laundering, and Bank Secrecy Act cases, published by Bloomberg BNA. He also serves as an adjunct professor at Villanova University School of Law, where he teaches a class on criminal and civil tax penalties in the graduate law program.

Mr. Hardy is a frequent contributor to Money Laundering Watch, Ballard Spahr's blog focused exclusively on money laundering issues.

Judicial Clerkships

The Hon. George E. Woods, U.S. District Court, Eastern District of Michigan

The Hon. Cornelia G. Kennedy, U.S. Court of Appeals, Sixth Circuit


Professional Activities

Fellow, American College of Tax Counsel

American Bar Association Tax Section, Civil and Criminal Penalties Committee, Co-chair, Monetary Violations and Forfeitures Subcommittee

American Bar Association Criminal Justice Section, White Collar Crime Committee

Federal Bar Association for the Eastern District of Pennsylvania, Criminal Law Committee

Recognition & Accomplishments

Outstanding Attorney Award, Tax Division, U.S. Department of Justice

Select Publications

Co-author, "The SEC's New Enforcement Tool?" Law360, July 12, 2017 

Co-author, "SEC Embraces its New Enforcement Weapon: Anti-Money Laundering and Reporting Requirements Under the Bank Secrecy Act," Ballard Spahr article, June 20, 2017  

Co-author, "Bank Whistleblower Litigation Highlights Limits of Employee Confidentiality Agreements to Curb Data Misappropriation," Ballard Spahr alert, February 23, 2017

Co-author, "2016 Year in Review: Money Laundering (Part Two)," Money Laundering Watch, February 6, 2017

Co-author, "2016 Year in Review: Money Laundering (Part One)," Money Laundering Watch, February 1, 2017  

Co-author, "Fact Sheet Clarifies AML/BSA Enforcement Priorities," Ballard Spahr alert, September 2, 2016

Co-author,  "FinCen Expands Reporting on High-End Cash Buyers of Real Estate," Ballard Spahr alert, August 5, 2016

Co-author, "NYDFS Finalizes AML/BSA Regulation," Ballard Spahr alert, July 6, 2016

Co-author, "Is the United States Still a Tax Haven? The Government Acts on Tax Compliance and Money Laundering Risks," Journal of Tax Practice & Procedure, June-July 2016

Co-author, "Supreme Court Clarifies Extraterritorial Reach of RICO," Ballard Spahr alert, June 21, 2016

Author, "Zukerman Case Raises Issues Regarding Crime Fraud Exception to Attorney Client Privilege," Procedurally Taxing, June 17, 2016

Co-author, "FinCEN Finalizes Beneficial Ownership Identification Rules," Ballard Spahr alert, May 11, 2016

Co-author, "Failure to Report Foreign Accounts is Illegal, IRS Warns," Ballard Spahr alert, April 6, 2016

Criminal Tax, Money Laundering, and Bank Secrecy Act LitigationBloomberg BNA, November 2010, 2011, 2012, and 2014 supplements

Co-author, "Independent Contractor Misclassification Presents DOL/IRS Dual Threat," The Legal Intelligencer, September 10, 2015

Co-author, "What If the SEC’s Administrative Law Judges Have Been Unconstitutionally Appointed?" The Temple 10-Q, July 15, 2015

Co-author, "The Appointment of SEC Administrative Law Judges: Constitutional Questions and Consequences for Enforcement Actions," Bloomberg BNA's Securities Regulation & Law Report, June 19, 2015

Co-author, "Changes Coming to Anti-Money Laundering Compliance in New York," The Temple 10-Q, April 28, 2015

Co-author, "Domestic Search Warrants for Emails Stored Abroad: The Government Seeks to Expand its Ability to Collect Foreign Evidence," Federal Tax Crimes, April 25, 2015

Co-contributor, Comments by American Bar Association Section of Taxation to IRS Notice 2014-21 Regarding Tax Consequences of Transactions Involving Virtual Currency, March 24, 2015

Co-author, “Between the National Taxpayer Advocate and the Courts: Steering a Middle Course to Define ‘Willfulness’ in Civil Offshore Account Enforcement Cases,” Parts 1 and 2, Procedurally Taxing, March 24 and 25, 2015

Co-author, "Financial Crimes Enforcement Network Pursues New Customer Due Diligence Requirements for Banks’ Anti-Money Laundering Programs," PA Banker Magazine, December 2014

Co-author, "Evaders May Turn to Virtual Currency as Traditional Offshore Bank Secrecy Falters," Bloomberg BNA's White Collar Crime Report, April 18, 2014

Co-author, "In the Wake of Southern Union, Do Juries Need to Determine Criminal Restitution?," The Legal Intelligencer, December 27, 2012

Co-author, "New Amendments to Sentencing Guidelines for Securities Cases," The Legal Intelligencer, October 24, 2012

Co-author, "Protocol for Discovery of Electronic Data in Criminal Cases," The Legal Intelligencer, August 22, 2012

Co-author, "Navigating the Brave New World of Immigration Enforcement," The Legal Intelligencer, August 9, 2012

Co-author, “The 6th Amendment Flexes Its Muscles: Change May Be Coming to Corporations’ Fed. Sentencing,” The Legal Intelligencer, April 16, 2012

Co-author, "Government Continues the Hunt for Offshore Account Holders," The Legal Intelligencer, February 21, 2012

Co-author, "Courts Show Continued Deference to Broad Electronic Searches," The Legal Intelligencer, December 21, 2011

Co-author, "Obtaining Federal Grand Jury Materials: Lessons from the Stevens Decision," The Legal Intelligencer, May 9, 2011

"Government Ups Pressure in Fight Against Undisclosed Offshore Accounts," The Legal Intelligencer, January 31, 2011

Co-author, "Tax Enforcement," American Bar Association: The State of Criminal Justice 2010, April 2010

Co-author, "Protecting Patient Data -- New Rules, New Headaches, Risk Management: What Board Members and Senior Managers Need to Know," AHLA Business Law and Governance Practice Group Executive Summary, April 2010

"Watch for Potential Trouble if Clients Engage in Undisclosed Offshore Activities," Pennsylvania CPA Journal, Fall 2009

Book chapter regarding Best Practices by Health Care Organizations, "Corporate Governance Safeguards Against White Collar Infractions," Inside the Minds Series by Aspatore Books, July 2009

Co-author, "Parallel Proceedings and the Perils of the Adverse Inference," Journal of Health & Life Sciences Law, Vol. 2, No. 4, July 2009

Co-author, "Expanded False Claims Liability," ALM Business Crimes Bulletin, July 2009

"The Emergence of Money Laundering Allegations in Healthcare Cases: What Board Members and Managers Need to Know," AHLA Business Law and Governance Practice Group Executive Summary, May 2009

Co-Author, "Tax Enforcement," American Bar Association: The State of Criminal Justice 2009, May 2009

"Preventing Data Breaches: HIPAA Compliance and the Red Flag Rules," Compliance Today, April 2009

"Deferred Prosecution Agreement Struck With Swiss Bank UBS as Government Tightens Enforcement Net Around Foreign Accounts," ABA CJS White Collar Crime Committee Spring Newsletter, March 2009

Speaking Engagements

Speaker, "Eye on Virtual Currency and Blockchain Technology," Ballard Spahr webinar, September 19, 2017

Speaker, "Current Trends in Criminal Law: The Mechanics of Virtual Currency, From Legitimate Use to Misuse," Lawline webinar, September 7, 2017

Speaker, "Offshore Enforcement: How Will They Prove It?" 33rd Annual National Institute on Criminal Tax Fraud and the Sixth Annual National Institute on Tax Controversy, Las Vegas, December 8, 2016

Speaker, "Criminal Investigation and Prosecution of Tax Preparers," The New England IRS Representation Conference, Ledyard, Connecticut, November 18, 2016

Speaker, "The Office of Professional Responsibility Hearing," The New England IRS Representation Conference, Ledyard, Connecticut, November 18, 2016

Speaker, "The United States as a Potential Tax Haven: Foreign Assets and Potential Money Laundering Exposures for Lawyers and Other Gatekeepers," Pennsylvania Association of Criminal Defense Lawyers (PACDL), Philadelphia, November 11, 2016

Panelist, "7th Annual Emerging Ethical Issues in Tax Practice," New Jersey Institute for Continuing Legal Education, Mount Laurel, New Jersey, October 17, 2016 

Panelist, "It's a Small World After All: Evidence in Offshore Noncompliance Cases," American Bar Association Tax Section Joint Fall Meeting, Boston, October 7, 2016 

Speaker, "New York's Final Anti-Money Laundering Rule – The Brave New World of AML Compliance," Ballard Spahr webinar, July 27, 2016

Speaker, "Turning the Tables: The United States as a Tax Haven Destination," ABA Section of Taxation, July 20, 2016 

Speaker, "FinCEN's Customer Due Diligence Final Rule – What You Need To Know," Ballard Spahr webinar, June 2, 2016

Speaker, "Federal Sentencing: Maximizing Client Outcomes from the Investigation to Post-Sentencing," Lawline CLE webinar, May 17, 2016

Panelist, "Turning the Tables: The United States as a Tax Haven Destination," ABA Section of Taxation May Meeting, Washington, D.C., May 7, 2016

Speaker, "The CFPB's New Report on Elder Abuse and What Financial Institutions Need to Do in Response," Ballard Spahr webinar, May 6, 2016

"2016 Bank Secrecy Act Seminar," PA Bankers Association, May 3, 2016

"Developments in Bank Secrecy Act – Anti-Money Laundering Compliance and Enforcement," Ballard Spahr webinar, April 26, 2016

Panelist, "2016 Employment Tax Forum," Post & Schell Conference Center, Philadelphia, February 25, 2016

Panelist, "Criminal Tax Workshop," American Bar Association's (ABA) Criminal Tax Fraud and Tax Controversy 2015, Las Vegas, December 9, 2015

Panelist, "The Accountant’s Role in a Criminal Tax Investigation," and "The New IRS 8300 BSA Exam: From Routine Compliance to Criminal Prosecution," 2015 New England IRS Representation Conference, Foxwoods Casino, Connecticut, November 20, 2015

Panelist, "Should five percent appear too small; Be thankful I don’t take it all – The Federal Taxman’s Recent Enforcement Angles," Pennsylvania Association of Criminal Defense Lawyers' (PACDL) 2015 White Collar Practice Seminar, Philadelphia, November 12, 2015

Panelist, "Ethical Issues During a Criminal Tax Trial," 2015 Emerging Ethical Issues in Tax Practice, New Jersey Institute for Continuing Legal Education, Fairfield, N.J., October 21, 2015

Panelist, " IRS Seizure and Forfeiture: A New Day, or More of the Same," ABA Section of Taxation 2015 May Meeting, Washington, D.C., May 9, 2015

Panelist, "A Look Inside an IRS Criminal Tax Investigation," ABA Section of Taxation 2015 May Meeting, Washington, D.C., May 8, 2015

Panelist, "Bitcoins: What You Need to Know About Virtual Currency," ABA CLE webinar, March 25, 2015

Panelist, "When the Company is the Target: Ethical and Other Issues," ABA Criminal Tax Fraud and Tax Controversy 2014, Las Vegas, December 11, 2014

Panelist, "Tax Status and Tax Treatment of Virtual and Digital Currency and the Implications of Its Use for Taxation," American Conference Institute's (ACI) Virtual & Digital Currency and Payment Systems Conference, New York, November 21, 2014

Moderator, "Deputizing Banks: Anti-Money Laundering Enforcement and Your Banker as Watchdog – or Criminal Defendant," PACDL 2014 White Collar Practice Seminar. Philadelphia, November 13, 2014

Moderator, "Bitcoin and Virtual Currency: Innovation and Enforcement," Bloomberg BNA Webinar, October 15, 2014

Panelist, "Bitcoins: What You Need to Know About Virtual Currency," 2014 Joint Fall Meeting of the ABA Section on Taxation, Denver, September 20, 2014

Panelist, "Sentencing and Incarceration Considerations When Representing the Guilty Client," ABA CLE Webinar, July 30, 2014

Panelist, "Criminal & Civil Aspects of the Bank Secrecy Act," ABA Section of Taxation CLE Webinar, April 23, 2014

Panelist, "Defending the White Collar Case," Pennsylvania Bar Institute (PBI) CLE Program, Philadelphia, February 18, 2014

Panelist, "Examining Criminal Aspects of the Bank Secrecy Act," ABA Section of Taxation's 2014 Mid-Year Meeting, Phoenix, January 24, 2014

Panelist, "Sentencing and Incarceration Considerations When Representing the Guilty Client," ABA 30th Annual National Institute on Tax Controversy, Las Vegas, December 13, 2013

Moderator, "Money & Time: Sentencing Trends in Criminal Tax Cases," PACDL White Collar Practice Seminar, Philadelphia, November 14, 2013

Moderator, "Criminal Tax Sentencing: Fairness and Deterrence," Villanova University Law School Norman J. Shachoy Symposium, Villanova, Pa, September 27, 2013

Panelist, "Immigration: Consequences of Criminal Convictions and Enforcement Initiatives," Federal Bar Association, Criminal Law Committee, Philadelphia, February 8, 2013

Panelist, "Navigating The Brave New World of Immigration," Philadelphia, October 2, 2012

Panelist, "Protecting Assets: Yours and Your Client's," Federal Bar Association, Criminal Law Committee, Philadelphia, May 18, 2012

Panelist, "White Collar Sentencing Issues For Money Laundering and Tax, Securities and Mortgage Fraud Cases," Webcast for CLE, West LegalEd Center January 25, 2012

Panelist, "The Money Laundering Trap: How to Avoid It, and How to Climb Out of It," Webcast for CLE, West LegalEd Center, December 8, 2011

Panelist, “Criminal Tax Cases: Hot Buttons and Hot Topics,” ABA Annual Meeting, Toronto, August 6, 2011

Panelist, "Tax Fraud 2011: Offshore Accounts, FATCA, and Changes You Should Know," Webast for CLE, West LegalEd Center, April 5, 2011

Panelist, "Ethically Navigating the Modern Tax Fraud Case Post-UBS," National Association of Criminal Defense Lawyers' White Collar Seminar, Fordham Law School, New York, October 1, 2010

Panelist, “Defusing Data Privacy, Confidentiality & Security Land Mines,” The 16th Annual Health Law Institute of the Pennsylvania Bar Institute, Philadelphia, March 12, 2010

Board Memberships

Rebuilding Together Philadelphia, President of the Board





University of Michigan Law School (J.D. 1994, cum laude)
University of Michigan Journal of Law Reform, Executive Note Editor

University of Michigan (B.A. 1991, with highest distinction)
Phi Beta Kappa

District of Columbia

Pennsylvania

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Michigan

U.S. Tax Court

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Fourth Circuit