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Attorneys with Government Insight.
Our trial lawyers have extensive experience aggressively defending clients in high-profile cases against the government. We are former government litigators with experience litigating disputes from both sides.
International Reach.
Our criminal and regulatory practice is primarily cross-border, often involving simultaneous investigations by law enforcement authorities in several countries. We are the only litigation boutique with former U.S. prosecutors permanently stationed in offices in Europe and Asia. As a result, we have deep experience with international extradition and Mutual Legal Assistance Treaty issues, as well as the laws that most often arise in international criminal cases, including FCPA, IEEPA, the antitrust/competition laws, and ITAR, among others.
High-Profile, Media Cases.
Most of our engagements involve matters in which our client is the subject of significant public attention. We regularly coordinate with PR/crisis communications firms to provide our client with an integrated defense on both legal and reputational fronts.
Industry and Regulatory Know-How.
We focus much of our work on the financial services, pharmaceutical, energy, and defense contracting industries, among others, and have developed a deep reservoir of experience in substantive issues in these sectors.
Our lawyers are also skilled in dealing with most governmental and regulatory agencies, including:
- the Commodity Futures Trading Commission ("CFTC"),
- the Federal Trade Commission ("FTC"),
- the Financial Industry Regulatory Authority ("FINRA"),
- the New York Stock Exchange ("NYSE"),
- the Office of the Comptroller of the Currency ("OCC"),
- the Public Company Accounting Oversight Board ("PCAOB"),
- the Securities and Exchange Commission ("SEC"),
- the U.S. Department of Homeland Security ("DHS"),
- the U.S. Department of the Treasury, Office of Foreign Assets Control (“OFAC”),
- the U.S. Department of Health and Human Services (“HHS”),
- the International Revenue Service, Criminal Investigation Division (“CID”),
- the New York City Department of Investigations (“DOI”),
- the Government Accountability Office (“GAO”),
- futures and options SROs such as CME, CBOT, ICE (f/k/a NYBOT), and NYMEX,
- the Federal Reserve Bank of New York, and
- various divisions of the U.S. Department of Justice and the New York State Attorney General's Office.
In conjunction with correspondent counsel, we have also defended clients against various non-U.S. regulators, including among others:
- the United Kingdom's Financial Services Authority ("FSA"),
- the United Kingdom's Serious Fraud Office ("SFO"), and
- the Republic of Korea Financial Supervisory Service ("FSS").
Areas of Focus.
Securities / Commodity Futures. With an integrated team of financial analysts and several former members of the joint U.S. Department of Justice-U.S. Securities & Exchange Commission-U.S. Commodity Futures Trading Commission Task Force (the "Securities & Commodities Fraud Task Force"), our firm has deep knowledge of complex cases involving derivatives, futures trading, structured products, and other financial subjects.
- Representation of Brian Hunter, the former Head of Energy Trading at Amaranth Advisors LLC, a fund that once had US $9 billion under management, in connection with actions by the CFTC and the Federal Energy Regulatory Commission ("FERC"), a pre-emptive suit against the FERC for over-reaching the limits of its jurisdiction, and in the defense of several class and private civil suits
- Representation of a Wall Street investment bank in connection with an industry-wide U.S. Securities & Exchange Commission investigation into fixed income securities trading practices
- Representation of a Chief Operating Officer of a large public company in connection with U.S. Department of Justice and U.S. Securities and Exchange Commission investigations into alleged "options backdating"
- Representation of the former Chief Financial Officer of a large public company in investigation by the U.S. Attorney's Office for the Eastern District of New York and the U.S. Securities and Exchange Commission, as well as in several securities class and derivative actions in U.S. District Court for the Eastern District of New York alleging regulatory violations from "options backdating" issues
Accounting and Tax Fraud. Our team includes several lawyers with deep experience in dealing with public company accountancy matters from prior service in the U.S. Securities and Exchange Commission, as well as in the Securities & Commodities Unit of the U.S. Attorney's Office for the Southern District of New York. We also have deep experience defending against tax evasion charges brought by the U.S. Department of Justice and the Internal Revenue Service, CID and have acted in some of the largest matters in this area.
- Representation of a former Senior Vice Chairman of AIG in connection with the highly-publicized investigations of AIG by the U.S. Department of Justice, the New York State Attorney General's Office, and the U.S. Securities and Exchange Commission, as well as in several securities class and derivative actions in the U.S. District Court for the Southern District of New York and Delaware Chancery Court, alleging violations relating to accounting issues and insurance product marketing practices
- Representation of a leading European law firm in connection with investigation by the U.S. Department of Justice into participation in alleged tax evasion schemes involving offshore trusts and bank accounts in "tax havens"
- Representation of a former partner at KPMG in connection with the highly-publicized U.S. Department of Justice prosecution of alleged fraudulent design and marketing of tax shelter products involving more than US $2 billion of disputed tax liabilities
- Representation of a former Credit Suisse banker in prosecution of the U.S. Department of Justice in the U.S. District Court for the Southern District of Florida relating to alleged assistance to U.S. taxpayers in evading tax obligations
Antitrust. With former U.S. government lawyers working out of our London and Hong Kong offices, who work closely with our antitrust team in Washington DC, we are well equipped to address cartel cases involving clients worldwide. Our lawyers have worked on many of the largest international cartel cases in recent history, including in the areas of air cargo, industrial carbon brushes, LCD flat panels, rubber chemicals, freight forwarding, and other industries. Our partners frequently speak on matters relating to criminal cartel investigations and have served as a contributing author to the treatise Antitrust Law Developments published by the American Bar Association.
- Representation of an Asian freight forwarding company in connection with the well-known U.S. Department of Justice and European Union antitrust authorities' investigation into alleged price-fixing in the airline industry
- Representation of an Asian manufacturer of Liquid Crystal Display (LCD) screens in an antitrust action brought by the New York State Attorney General's Office
- Representation of a United Kingdom-based executive against the U.S. Department of Justice, Antitrust Division's prosecution of cartel activity involving Morgan Crucible PLC and several other manufacturers of industrial carbon brushes
- Representation of a Japanese executive in a U.S. Department of Justice, Antitrust Division's investigation of an alleged international cartel in the energy sector
Public Corruption / FCPA / Government Fraud. We have extensive experience in a variety of government fraud and public corruption laws, including those involving alleged official bribery, government contracting fraud, and Medicare/Medicaid fraud, among others. We have conducted numerous investigations involving alleged FCPA violations in Europe, Asia, Latin America, and Africa, and have represented private clients charged with FCPA violations in well-known matters such as the KBR case involving alleged Nigerian bribery, and the 22-defendant military equipment supplier FCPA "sting" case brought in the U.S. District Court in Washington DC. Additional representative cases include:
- Representation of a Middle Eastern Prince in connection with an investigation by the U.S. Department of Justice, Washington DC, into alleged Foreign Corrupt Practices Act violations
- Representation of executives of several health care companies in connection with investigations by the U.S. Attorney's Office for the District of Massachusetts, the U.S. Department of Justice, and the U.S. Department of Health & Human Services relating to various violations of Medicare and Medicaid laws including anti-kickback statutes and PhRMA guidelines
- Representation of Tongsun Park, a well-known international lobbyist in connection with a prosecution arising out of the United Nations "Oil for Food" investigations
- Representation of a former Cabinet Minister of the Russian Federation in connection with criminal investigations by the Russian Government into alleged financial improprieties
- Representation of the General Counsel of a public high technology company in connection with an investigation into Foreign Corrupt Practices Act issues
Insider Trading. Our team of former U.S. Department of Justice and U.S. Securities and Exchange Commission attorneys regularly represent clients in U.S. government investigations involving allegations of insider trading, conspiracy, and securities fraud, among others. We have been involved in some of the most high-profile investigations including the recent Galleon insider trading investigation, which exposed the largest hedge fund insider trading scheme in U.S. history. Our other representative cases include:
- Representation of an employee of a prominent hedge fund in connection with an insider trading investigation by the U.S. Department of Justice and U.S. Securities and Exchange Commission regarding tips that were allegedly passed to hedge fund managers by expert-network consulting firms
- Representation of an executive of a financial institution in connection with an investigation by the U.S. Securities and Exchange Commission for insider trading in a Special Purpose Acquisition Company
- Representation of a NASDAQ market maker targeted in a U.S. Department of Justice criminal insider trading investigation
- Representation of an expert clinical research consultant in a U.S. Securities and Exchange Commission investigation into allegations of insider trading during the FDA approval process for pharmaceutical drug treatments
National Security. Our partners include former prosecutors from the U.S. Department of Justice's National Security and Terrorism areas, who are knowledgeable in navigating the maze of U.S. national security laws affecting foreign companies, including import/export controls, U.S. Treasury Department Office of Foreign Assets Control ("OFAC") SDN lists and Interpol watchlists, among others.
- Representation of a former Prime Minister of Thailand in addressing allegations of terrorism made by the Thai Government, in interfacing with U.S. and international law enforcement authorities
- Representation of the principal of a major government contractor supplying goods and services to an overseas U.S. military base, relating to allegations of breach of national security provisions and foreign corruption
- Representation of an executive at an Asian financial institution in relation to an investigation by the Office of Foreign Assets Control involving allegations of improper financing activities
- Representation of a European supplier of military equipment to "restricted" countries in relation to an investigation by the U.S. Department of Justice for alleged violations of international sanctions and U.S. export control laws
Asset Forfeiture / Money Laundering. We have handled some of the largest cases in this practice area defending against attempted freezing and seizure of assets by various governments, including the United States, the Russian Federation, Brazil, and Nigeria, among others. Our ability to litigate in offshore jurisdictions through our English barrister partners provides our firm with a unique ability to deliver integrated solutions to clients facing a combined "onshore-offshore" legal attack by a government seeking to forfeit allegedly corrupt assets. Other representative cases include:
- Representation of a Cayman trust in defeating in the U.S. courts an attempted asset seizure of US $400 million+ pursued by the United States and Brazilian Governments alleging money laundering and other offenses
- Representation of former African political leaders in defending against attempts to seize more than US $1 billion+ allegedly pilfered from the national treasury through corrupt oil contracts, litigated in various European courts
Industrial Disasters / Product Liability. We have represented clients involved in criminal investigations arising out of several highly publicized industrial and product liability disasters.
- Representation of a client investigated by the New York County District Attorney's Office in connection with the highly-publicized fire in the Deutsche Bank Building in downtown New York in 2007
- Representation of the former Chief Executive Officer of Mazeikiu Nafta, an oil refinery, in Lithuania which suffered a fire in 2006, in connection with a criminal case brought by the Lithuanian public prosecutor in the courts of Lithuania
- Representation of a client investigated by the New York law enforcement authorities in connection with a highly-publicized collapse of a crane at a construction site in 2009
- Representation of executives of several health care companies in connection with investigations by the U.S. Attorney's Office for the District of Massachusetts and the U.S. Department of Health & Human Services relating to various violations of the Prescription Drug Marketing Act
International Extraditions / MLATs. Our firm is the only U.S. member of the Extradition Lawyers Association, an international organization of lawyers based in London who focus solely on extradition matters. We run a service that tracks major extradition-related cases of interest and also regularly hold seminars to educate various Embassy officials from a wide range of countries on various bilateral and multi-lateral extradition, MLAT, and prisoner transfer treaties.
- Representation of a former United Nations Ambassador from Bosnia in connection with a prosecution by the Bosnian Government for international extradition proceedings from the United States to Bosnia, on charges of alleged corruption
- Representation and advice to various clients facing extradition to the United States from a variety of countries and judicial systems, including South Korea, United Kingdom, Hong Kong SAR, Netherlands, and Germany, among others
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