Joshua S. Levy is the acting United States attorney for the district of Massachusetts, assuming the role on Friday, May 19 when former U.S. Attorney Rachael Rollins resigned in the wake of federal ethics probes.
Here are five things to know about Joshua Levy.
He’s worked in the U.S. attorney’s office — twice
Levy served as first assistant to Rollins since January 2022, supervising about 125 federal prosecutors in the office’s criminal and civil divisions.
Before that, he was a partner at Ropes & Gray from 2004 to August 2021. Levy also has familiarity with the U.S. attorney’s office from a past post — he was an assistant U.S. attorney for Massachusetts from 1997 to 2004, serving in the criminal division’s economic crimes unit.
Levy is a graduate of Georgetown University Law Center and Brown University.
Attorney Christopher Constantine Alberto, who has his own practice, worked with Levy while he was at the U.S. attorney’s office the first time around.
“During those six years, I witnessed firsthand his exceptional skills as a prosecutor specializing in white-collar crime and political corruption cases. His dedication, expertise, and unwavering commitment to upholding justice have always been evident in his work,” said Alberto in an emailed message. “Throughout our time together, I consistently observed his ability to navigate intricate cases with professionalism, thoroughness, and an unwavering pursuit of justice.”
Alberto believes Levy should be at the forefront of candidates qualified to serve as the U.S. attorney as that process rolls out.
He has extensive legal experience
At Ropes & Gray, Levy was the co-chair of the firm’s 325-lawyer litigation and enforcement practice group, and then served as the co-managing partner of their Boston office. His cases involved white-collar criminal matters and complex civil litigation.
In 2017, while at Ropes & Gray, Levy was named a "Lawyer of the Year" by Massachusetts Lawyers Weekly. He said in an interview with the publication that he found it "equally rewarding" to be a defense lawyer as it was to work in the U.S. attorney's office.
During the beginning of the pandemic, Levy was involved in a group put together by the Supreme Judicial Court to preserve the rights of incarcerated people concerned about getting COVID-19 in prison. That case was brought by the Committee for Public Counsel Services.
“He was responsive, open-minded, and respectful regarding the issues we raised. As he steps into this new role with the Department of Justice, we hope he continues the investigations into police misconduct that were initiated by Attorney Rollins and holds accountable any state actors who engage in misconduct against our clients,” said Anthony Benedetti, chief counsel of the Committee for Public Counsel Services.
Brien O’Connor, a partner at Ropes & Gray, worked with Levy extensively over the years, first at the U.S. attorney’s office where they met, and then at the firm. He spoke to Levy’s character in an interview.
“I think also critically here, given where we are, Josh has the trust and confidence of all of the prosecutors in that office. They know him well. He'd been there as a line prosecutor, and he's been there now as first assistant for some time,” said O’Connor.
He called Levy a person “of great character, and is not someone who’s looking to do harm in any unnecessary way to another person.”
He’s listed on high-level cases as first assistant U.S. attorney
Levy is listed on press releases for a variety of high-level cases, including the superseding indictment of nonprofit Violence in Boston founder and chief executive Monica Cannon-Grant and Clark Grant, on additional allegations of misusing COVID-19 relief funds and defrauding the city of Boston out of rental assistance money. The couple was previously indicted for the misuse of donations from the nonprofit for personal use.
Levy is mentioned in numerous press releases related to racketeering and fentanyl trafficking busts. He’s referenced in a press release about the sentencing of Louis Coleman III for the death of 22-year-old mother Jassy Correia, who was out for her birthday the night Coleman kidnapped, assaulted and killed her.
“Jassy Correia was a vibrant and beautiful 22-year-old woman and mother of a toddler daughter,” wrote Levy after Coleman’s sentencing. “By his depravity and his horrific disregard for Ms. Correia’s life, Louis Coleman forfeited his right to live free in society.”
He was actively involved in prosecuting cases during his 1997-2004 tenure, including that of Gino Deluca, a former executive for The Gillette Company, for accepting kickbacks from suppliers, mail fraud, wire fraud and false tax returns.
He repeatedly tried to stop Rollins from making unethical decisions
Levy’s rise to power came after two separate ethics reports were published by the Justice Department inspector general and the U.S. Office of Special Counsel. Those reports detailed Rollins’ alleged abuses of power, including a violation of the Hatch Act, which prohibits federal employees from engaging in political activity while on duty.
The Office of the Inspector General found Rollins tried to influence the Suffolk County district attorney election last year, leaking nonpublic information to a journalist. She tried to share potentially damaging information about then interim-District Attorney Kevin Hayden to cast his political rival in a more positive light.
On page ten, it’s noted that Rollins unsuccessfully tried to convince Levy to issue a letter that would have created the impression that the Department of Justice was investigating Hayden.
The report said that Levy also stated to Rollins that he didn’t think she could be involved in a potential investigation into transit officers’ alleged misconduct and a separate public corruption investigation into Hayden. He then limited his communications with Rollins on the matters because he thought she would be recused from any investigations.
As acting U.S. attorney, he can remain in office for a while
Levy was one of the finalists being considered by President Joe Biden's administration in 2021, along with Rollins. The White House did not respond to requests for comment on whether he will be appointed to fill the role permanently this time around.
Levy can remain the designated acting U.S. attorney for Massachusetts for many months under the Federal Vacancies Reform Act of 1998, which establishes rules for filling temporarily vacant positions in executive branch agencies that require a presidential appointment and Senate confirmation.
If Biden doesn’t nominate anyone for the position, Levy can remain in the acting role for no longer than 210 days. If someone else in nominated in that time period, Levy can serve while that person’s nomination is pending in the Senate. If a future nominee has their nomination rejected by the Senate or withdrawn by Biden, Levy can serve an additional 210 days after the date of that rejection.
