Toby is co-head of the firm's white collar practice. Since joining McGuireWoods, his practice includes all aspects of the white collar practice, from providing counsel on compliance programs, conducting internal investigations and audits, to the handling of trials.
Toby has 32 years of trial experience and has tried more than 60 jury trials. He has tried cases in Federal courts in the Eastern and Western District of Virginia, the Southern Districts of Florida and Texas, the District of Louisiana and the State Courts of Virginia. He provides ongoing advice to several major corporations regarding corporate compliance programs. He has conducted multiple internal investigations for the firm’s large corporate clients and has been involved in the drafting of compliance programs for major corporate clients.
Toby has handled cases that involved the defense of investigations in the areas of export violations, tax fraud, money laundering, immigration, healthcare fraud, securities laws, antitrust, false claims, FCPA and environmental crimes. He has represented clients in proceedings brought by the Department of Justice, the Securities and Exchange Commission, the Commodities Futures Trading Commission, the Departments of State and Commerce, and multiple state agencies.
His public sector experience, prior to joining the firm, includes service as the elected Commonwealth's Attorney, Henrico County, Virginia; head of the U.S. Attorney's Office for the Eastern District of Virginia’s Organized Crime-Drug Enforcement Task Force; head of the U.S. Attorney's Office for the Southern District of Florida’s (Miami) Organized Crime-Drug Enforcement Task Force; member of the DOJ’s Organized Crime Strike Force in New Orleans; Assistant Commonwealth's Attorney in Arlington, Virginia; and Assistant Attorney General, Commonwealth of Virginia (Richmond).
Tried in excess of 60 jury trials as a prosecutor on the state and federal level.
Led the defense of ITT during its prosecution by the Department of Justice for export violations.
Led the defense of polyurethane foam manufacturer in international antitrust investigation by the Department of Justice stemming from allegations of price-fixing and market allocation.
Representation of AOL in a securities prosecution brought by the Eastern District of Virginia.
Acquittal of the lead defendant in a bribery case brought in the U.S. District Court for the Western District of Virginia.
Acquittal of the lead defendant in a Lacey Act prosecution in the U.S. District Court in Houston, Texas.
Dismissal of an indictment brought against a prominent developer in the Eastern District of Virginia on tax evasion charges.
Obtained civil wrongful death verdict in a case rules a suicide by the Commonwealth of Virginia.
Non-prosecution of a large private company being investigated for environmental crimes by the Western District of Virginia.
Non-prosecution of a Fortune 500 company being investigated for immigration violations.
Conduct worldwide FCPA compliance audits for three separate Fortune 500 companies.
Dismissal of an indictment for Medicaid fraud brought in the Eastern District of Virginia.
Named a "Lawyer of the Year," Criminal Defense: White-Collar, Richmond, The Best Lawyers in America, 2013, 2016, 2018
Selected for inclusion in The Best Lawyers in America, Commercial Litigation, Criminal Defense/White Collar, 2007-2020; Bet-the-Company Litigation, 2015-2020, Woodward/White, Inc.
Selected for inclusion in America's Leading Lawyers for Business, Litigation: White-Collar Crime & Government Investigations, Virginia (Band 1), Chambers USA, 2010, 2011, 2013, 2015-2019
Named to "Legal Elite," Criminal Defense/White Collar, Virginia Business, 2006-2017
Named to “Virginia Super Lawyers," Criminal Defense/White Collar, Super Lawyers, Thomson Reuters, 2008-2015
Chairman, Criminal Law Section, Virginia State Bar, 2001-2002