Quinn emanuel trial lawyers

Investigations, Government Enforcement & White Collar Criminal Defense Practice

Introduction Print

Quinn Emanuel has one of the world’s elite investigations, government enforcement and white collar criminal defense practices.  Over 50 partners in a dozen offices worldwide are experts in the field and our firm has repeatedly been recognized as being among the very best by numerous legal publications, including Chambers USA (2017), Chambers UK (2017), Law360 (2016), The American Lawyer (2017), The National Law Journal (2017), The International Who’s Who of Business Lawyers (2017, 2016), Legal 500 (2017, 2016, 2015,  2014, 2013, 2012, 2011), and Best Lawyers (2016, 2015, 2013).  Notably, our practice group was named “Transatlantic Investigations Team of the Year” by Legal Week and The American Lawyer at the 2017 Transatlantic Legal Awards,  “Most Impressive Investigations Practice of the Year” by the Global Investigations Review in 2015, and “White Collar Practice Group of the Year” by Law360 for both 2015 and 2016.

Deep experience with government investigations.  In government-facing matters, experience as a prosecutor is important.  Over 25 of our partners have served as attorneys for the U.S. Department of Justice (the “DOJ”), United States Attorneys (for the chief prosecutor for the United States in each federal district), Assistant United States Attorneys, attorneys for the UK’s Serious Fraud Office (the “SFO”), or other high ranking government lawyers. Given this valuable experience, our partners understand the dynamics of a prosecutor’s charging decision.  As a result, we have considerable expertise in designing and implementing strategies to avert criminal charges. 

We focus on getting the best resolutions as quickly as possible Of course, the best resolution of a criminal matter is achieved when no charges are ever brought, whether because a successful internal investigation provides the basis for a negotiated resolution or because presenting a vigorous defense early shows the government authority the downside to pursuing prosecution.  We recognize that the mere filing of a criminal charge can ruin a client’s reputation and trigger catastrophic financial losses.  While Quinn Emanuel has regularly represented clients in high profile matters covered on the front pages of The New York Times, The Wall Street Journal, Financial Times and other publications, our best results have often been obtained quietly, outside the public glare, by persuading government lawyers to refrain from filing charges.  To effectively conduct these negotiations, it is critical that the lawyer has earned the respect of the prosecutors, which requires mastery of the process.  Our partners’ extensive experience with the government gives us that expertise.

Our experience in corporate investigations, government enforcement and white collar defense is wide-ranging and diverseWe have conducted sensitive internal investigations at the direction of corporate General Counsel, Audit Committees and Special Committees.  We have successfully represented both corporations and individuals in congressional investigations, grand jury investigations, at trial and on appeal.  We have conducted internal investigations regarding and defended clients against, allegations of health care, securities and government contract fraud, Foreign Corrupt Practices Act (“FCPA”) violations, Corruption, Money Laundering and Trade Sanctions, Economic Espionage and Trade Secrets Theft, Tax Evasion, Fraud, Asset Forfeiture, Employment and Immigration Issues, Environmental Violations, and violations of the Anti-Kickback Statute, the False Claims Act, and Criminal Antitrust statutes.  We have litigated against virtually every U.S. enforcement agency including the DOJ, the Securities and Exchange Commission (the “SEC”), the U.S. Department of the Treasury and its Office of Foreign Assets Control (“OFAC”), the Federal Trade Commission (the “FTC”), as well as Attorneys General and District Attorneys in numerous states.  Likewise, we frequently advise clients in connection with international extradition matters, and in proceedings before the International Criminal Police Organization (“INTERPOL”) and the Inter-American Commission on Human Rights (“ICHR”).

We have an international practice with partners located in 19 global offices, and have represented clients around the world, including in the United States, and throughout the world, including Latin America, Asia, Australia, Europe, the Middle East and Russia.  Much of our work has been done on behalf of foreign companies and individuals whose activities have drawn the attention of U.S. regulators and prosecutors.  Our global resources, coupled with our unique cross-border experience, allow us to effectively and efficiently navigate related criminal investigations in multiple jurisdictions.

OUR INTERNATIONAL PRESENCE

Europe

Our European practice has recently focused on representing (i) the Fédération Internationale de Football Association (“FIFA”) in connection with U.S. and Swiss criminal investigations into allegations of bribery and corruption in the international soccer world (the “FIFA Investigation”), including conducting an internal investigation on behalf of the organization; (ii) a Switzerland-based, international private bank, in connection with the global criminal investigations involving 1MDB, Malaysia’s sovereign wealth fund; (iii) several major European banks in connection with the “Panama Papers” investigation focused on whether accounts at the bank held under the names of companies created by the Panamanian law firm, Mossack Fonseca, were used to evade taxes, conduct business with sanctioned individuals or companies or otherwise engage in criminal activity; (iv) ENRC, a large mining conglomerate formerly listed on the London Stock Exchange, in a high-profile investigation by the UK SFO of alleged bribery in the company’s operations in Africa; (v) several European banks in connection with investigations involving Petróleo Brasileiro S.A. (“Petrobras”), Brazil’s state-owned oil company, and Petróleos de Venezuela, S.A. (“PdVSA”), Venezuela’s state-owned oil company, focused on whether accounts at the banks were used to pay bribes to Petrobras or PdVSA officials in return for contracts; (vi) a European bank in connection with a DOJ Antitrust Division investigation into market manipulation of precious metals prices; (vii) two major European banks, including by investigating whether the banks knew or should have known that accounts at the banks were used to pay bribes; and (viii) a multinational logistics and transportation company based in Switzerland in a DOJ investigation of alleged violations of the FCPA. 

Latin America

Our Latin American practice regularly represents clients in (i) criminal and regulatory matters involving Latin America, such as investigations, prosecutions and trials against U.S. enforcement agencies, including the DOJ, the U.S. Department of the Treasury, the SEC and their European equivalents, and (ii) cross-border internal investigations involving U.S. and Latin American jurisdictions and laws. 

One factor that distinguishes us from other law firms is that our Latin America practice includes partners, associates, paralegals and secretaries who are fluent in Spanish and Portuguese, most of whom are bi-cultural and many of whom are trained and licensed to practice law in Latin America, in addition to the United States.  Having a team comprised of bi-lingual and bi-cultural professionals provides our clients a unique advantage where understanding subtle cultural differences and nuances is often critical.  In recent years, we have been involved in many major criminal cases involving Latin America.  

The practice’s recent representations include:  (i) the Odebrecht Group (“Odebrecht”), the largest construction company in Brazil, in the largest-ever global bribery resolution with the United States, Brazil and Switzerland resolving allegations of corruption in a dozen countries related to the Brazilian bribery scandal (known as Operation Car Wash or Lava Jato), the largest corruption scandal in Latin American history; (ii) the South American soccer federation, the Confederación Sudamericana de Fútbol (“CONMEBOL”), in connection with U.S. criminal investigations and prosecutions into allegations of bribery and corruption in the international soccer world; (iii) the Special Committee of Banco BTG Pactual S.A. (“BTG Pactual”) in an internal investigation of alleged corruption involving its former CEO and other bank executives, in which we found no basis to support the allegations against the Bank and its employees; (iv) Jaime and Yani Rosenthal, who are members of one of the wealthiest and most prominent families in Central America, in the largest ever international criminal case involving Honduras in connection with DOJ money laundering investigations and related OFAC proceedings; (v) Erick Archila-Dehesa, a prominent Guatemalan businessman and former Minister of Mines and Energy of Guatemala, in connection with the Guatemalan government’s allegations that he committed money laundering during his tenure as Minister, in proceedings before INTERPOL and the Inter-American Commission on Human Rights (the “ICHR”); (vi) Ricardo Carrion, one of the most successful investment bankers in Peru, in the largest ever U.S. criminal and civil insider trading investigation involving Peru; (vii) the Government of Brazil in a corruption matter involving former senior government officials and multiple jurisdictions; (viii) the general manager of one of the largest energy companies in Central America in connection with allegations of bribery in Guatemala; (ix) a Mexican high-ranking executive for Wal-Mart Stores, Inc. in connection with DOJ and SEC FCPA investigations against Wal-Mart; (x) a large Argentinean oil company and its owner, one of Argentina’s wealthiest individuals, in connection with high-profile DOJ and SEC investigations involving alleged FCPA violations to secure an extension of oil rights in an Argentinean oilfield; (xi) the United States’s largest chemical and industrial products company in an internal investigation of alleged corruption involving its Mexican subsidiary; (xii) a senior executive of one of Venezuela’s largest engineering companies in DOJ investigations into corruption and money laundering involving PdVSA; and (xiii) one of the highest officials of the Venezuelan government in connection with a high-profile money laundering and narcotics trafficking U.S. criminal investigation.

Asia

We have represented clients in cases and investigations all over Asia, including China, India, Japan, Korea, Hong Kong, Macau, Philippines, Vietnam, Indonesia, Malaysia, Singapore and Thailand in a wide variety of industries, including pharmaceutical, construction/ infrastructure, hospitality and mining.  Our Asia practice includes successful representations involving: (i) numerous companies of varying size, both publicly traded and privately held, in connection with FCPA-related internal investigations and government enforcement actions involving the DOJ, SEC and multiple foreign enforcement agencies, (ii) numerous publicly-traded companies’ boards of directors, audit committees, and special committees of the board, with regard to the conduct of internal reviews of securities disclosure and accounting concerns and other compliance, enforcement or regulatory matters, and (iii) U.S. and Chinese companies in connection with private plaintiff and U.S. government antitrust litigation and investigations, including providing advice on dealing with Chinese government antitrust investigations and enforcement actions.

Middle East

We have extensive experience providing counsel to clients in the Middle East, including as follows: (i) the Mina Group, the U.S. military’s largest supplier of jet fuel, in parallel U.S. Congressional and DOJ investigations into alleged corruption in their Middle East, Russia and Central Asia operations, ultimately obtaining a congressional report exonerating the Group; (ii) Dubai Islamic Bank (“DIB”) , the world’s largest Islamic bank, in consolidated proceedings in U.S. federal court involving claims arising from the September 11 terrorist attacks; (iii) Mubadala Development Co., one of the UAE’s largest sovereign wealth funds, in connection with civil forfeiture actions filed by the DOJ against a Malaysian businessman named Jho Low with whom our client has various joint ventures, relating to charges that Jho Low assisted various high-level Malaysian government officials to illegally divert funds from the Malaysian sovereign wealth fund 1MDB for their personal use; (iv) a Kuwaiti company, one of the largest logistics companies in the world, in defense of $500 million in claims and criminal charges brought by the U.S. government related to food supply contracts in Iraq, and (v) a Dubai-based company in connection with a DOJ criminal investigation into its relationships with sanctioned companies operating in the Middle East and Africa, ultimately obtaining a non-target letter from DOJ on behalf of our client.

Australia

Partners from our Sydney Office have successfully represented numerous prominent directors and officers facing regulatory investigation by the Australian Securities and Investments Commission (ASIC), as well as represented companies throughout Australia, New Zealand and southeast Asia in a variety of white collar investigations.  Recently, we represented E*Trade after its Manila office was raided by the Philippine National Bureau of Investigation for alleged violations of Philippines securities laws.  Within months, we obtained a dismissal of all alleged violations.

OUR WHITE COLLAR PARTNERS AROUND THE WORLD
Among our preeminent white collar partners are:

New York

  • Marc Greenwald, Co-Chair of the Firm’s Investigations, Government Enforcement and White Collar Criminal Defense Practice Group, former federal prosecutor, Southern District of New York, and former policy adviser at the U.S. Treasury Department.
  • Michael Carlinsky, Chair of the Firm’s Complex Litigation practice and consistently ranked among the top U.S. litigators by numerous legal publications including Chambers and Partners (2017-2009) and Benchmark Litigation (2017, 2015, 2012, 2011).
  • Adam Abensohn, former federal prosecutor, Eastern District of New York.
  • Tai-Heng Cheng, former Senior Legal Advisor at Hoguet Newman Regal & Kenney, LLP, and current New York Law School Professor.
  • Christine Chung, former Appeals Chief, Southern District of New York, former senior trial attorney at International Criminal Court, and visiting Professor at Yale Law School.
  • Faith Gay, Co-Chair of the Firm’s National Trial Practice Group, former Deputy Chief of the Special Prosecutions Unit and Chief of the Civil Rights Unit, Eastern District of New York.
  • Kevin Reed, former federal prosecutor, Southern District of New York.
  • Kathleen Sullivan, former Harvard Law School Professor and former Dean of Stanford Law School.

Los Angeles

  • Jim Asperger, Co-Chair of the Firm’s Investigations, Government Enforcement and White Collar Criminal Defense Practice Group, former federal prosecutor and Chief of the Major Frauds Section, Central District of California, former Supreme Court clerk, and Fellow of the American College of Trial Lawyers.
  • Steve Madison, Co-Chair of the Firm, Investigations, Government Enforcement and White Collar Criminal Defense Practice Group, former federal prosecutor Chief of the General Crimes Section, Central District of California, and Fellow of the American College of Trial Lawyers.
  • Jon Cederberg, former federal prosecutor, Central District of California, and Fellow of the American College of Trial Lawyers.
  • John Gordon, former federal prosecutor, Central District of California.
  • Dave Grable, former federal prosecutor, Northern District of New York.
  • Susan Estrich, constitutional scholar, appellate lawyer, expert in crisis management and media relations, and former Supreme Court clerk.
  • Duane Lyons, former federal prosecutor and Chief of the Criminal Complaints Section, Central District of California.
  • Bill Price, former federal prosecutor, Central District of California, and Fellow of the American College of Trial Lawyers.
  • Kristin Tahler, represented individuals and corporations in some of the highest profile white collar matters of the last decade.
  • Christopher Tayback, former federal prosecutor, Central District of California, former prosecutor in the Los Angeles County District Attorney's Office, and Fellow of the American College of Trial Lawyers.

San Francisco and Silicon Valley

  • John Potter, Co-Chair of the Firm’s Investigations, Government Enforcement and White Collar Criminal Defense Practice Group, and former federal prosecutor and Deputy Chief, Government Fraud Section, Central District of California.
  • Diane Doolittle, Co-Chair of the Firm’s National Trial Practice Group, and former prosecutor in Santa Clara County District Attorney’s Office.
  • Bob Feldman, former federal prosecutor, Northern District of California, and Fellow of the American College of Trial Lawyers.

Washington, D.C.

  • William Burck, Co-Chair of the Firm’s Investigations, Government Enforcement and White Collar Criminal Defense Practice Group, former federal prosecutor, Southern District of New York, former Special Counsel and Deputy Counsel to the President of the United States, former U.S. Supreme Court clerk, and one of only a handful of lawyers recently named a “White Collar MVP” by Law360 2016.
  • Juan Morillo, Co-Chair of the D.C. Office’s Investigations, Government Enforcement and White Collar Criminal Defense Practice Group, and a prominent criminal defense lawyer as ranked by numerous legal publications, including Benchmark Litigation (2017), Latinvex (2017, 2016), Financial Times (2009) and Legal 500 (2017)
  • Tara Lee, one of the leading U.S. and global white collar practitioners as ranked by Chambers (2017), Law360 (2013), The National Law Journal (2014) and other leading legal periodicals, former Co-chair of DLA Piper’s Global Investigations practice, and former Global Chair of DLA Piper’s Cross Border Litigation practice.
  • Michael Lyle, former Director of the White House Office of Administration in the Clinton Administration, and former General Counsel for the White House Office of Administration.
  • Ben O’Neil, former federal prosecutor, Fraud Section of the Criminal Division of the United States Department of Justice, and named a “Rising Star” of the White Collar Bar by Law360 in 2016.
  • Sam Sheldon, former federal prosecutor, Southern District of Texas, and former Deputy Chief of the Criminal Fraud Division and Head of the Healthcare Fraud Unit of United States Department of Justice.
  • Richard Smith, former Principal Deputy Chief for Litigation of the Department of Justice, Criminal Division, Fraud Section, former Counsel to the Director, Executive Offices for the United States Attorneys, former Assistant U.S. Attorney in the Southern District of Texas, former Assistant States Attorney for the 4th Judicial District of Florida, Duval County, Florida, former Chair of Norton Rose Fulbright's FCPA and International Anti-Corruption and Global White Collar Practices and a Fellow of the Litigation Counsel of America.

Chicago

  • Jonathan Bunge, former federal prosecutor and Deputy Chief of the General Crimes Section, Northern District of Illinois, and Fellow of the American College of Trial Lawyers.

Houston

  • David Gerger, former assistant federal public defender, Chair of the Houston Investigations, Government Enforcement and White Collar Criminal Defense Practice Group, and Fellow of the American College of Trial Lawyers.

Seattle

  • Jenny Durkan, Chair of the Firm's Cyber Security and Data Protection Practice Group, former Unites States Attorney for the District of Washington, and  Fellow of the American College of Trial Lawyers. 

Australia

  • Michelle Fox, repeatedly identified as one of the leading lawyers in Australia by Chambers (2016, 2015), Who’s Who Legal (2016, 2014) and Legal 500 Asia Pacific (2016, 2015).
  • Michael Mills, Founder of the Firm's Sydney Office, and widely recognized as one of Australia's most highly regarded advocates by Best Lawyers Australia (2017, 2014), Chambers (2017, 2016, 2014), Legal 500 Asia-Pacific (2014) and Who’s Who Legal (2016, 2014).

UK

  • Robert Amaee, Chair of the London Investigations, Government Enforcement and White Collar Criminal Defense Practice Group, and a leading white collar lawyer advising clients on sensitive criminal and regulatory matters, including internal investigations, voluntary and compelled disclosures to enforcement authorities, complex cross border proceedings, and the development of compliance programs.
  • Stephen Hauss, former prosecutor in the Los Angeles County District Attorney’s Office and named a “Rising Star” of the White Collar Bar by Law360 in 2016.

Brussels

  • Boris Bronfentrinker, repeatedly recognized by Financial News (2016), Global Competition Review (2016)and Chambers (2017, 2016)  as a leader ininternal investigations into competition law and bribery/corruption issues.
  • Dr. Nadine Herrmann, Chair of the Firm’s EU competition and antitrust practice, extensive experience in EU and national investigations, recognized by Law360 (2013), Handelsblatt (2011) and ManagingIP (2017, 2016).
  • Trevor Soames, Managing Partner of the Brussels office has over 30 years experience in running major antitrust, regulatory and FCPA/anti corruption investigations and led the defence teams in significant EU and national investigations, recognized by Who’s Who Legal (2016, 2014, 2013, 2012), Chambers Europe (2017, 2016, 2015, 2013), Commercial Disputes Resolution (2016), Global Competition Review (2016), IFLR (2017, 2016) and Law360 (2017, 2016). 

Switzerland

  • Thomas Werlen, former General Counsel of a multinational pharmaceutical company with vast experience in corporate investigations.

China

  • Sam Williamson, former federal prosecutor in the Southern District of New York and the Middle District of Tennessee, and former Chair of Kirkland & Ellis’ Asia-based Government Enforcement and Investigations Practice.
Back to Top

Recent Representations Print

NOTABLE REPRESENTATIONS

A. Bribery and Corruption

  • FIFA-Related Matters:
    • We are lead counsel to FIFA, in what the New York Times aptly described as “one of the most complicated international white collar cases in recent memory.”  Specifically, Quinn Emanuel represents FIFA in connection with U.S. and Swiss criminal investigations against current and former soccer officials into allegations of bribery and corruption in the international soccer world.  We are advising FIFA, which is considered a victim of the alleged wrongdoings, on the investigations as well as conducting an internal investigations on behalf of the organization.  The Swiss investigation focuses on allegations of criminal mismanagement and money laundering in connection with the selections of Russia and Qatar to host the 2018 and 2022 World Cups, respectively.  The criminal indictment unsealed on May 27, 2015 and the superseding indictment of December 3, 2015 filed by the U.S. Attorney’s Office for the Eastern District of New York allege that high-level soccer officials abused their positions to solicit bribes from sports marketing companies and also allege corruption in connection with the selection of South Africa to host the 2010 World Cup and with the 2011 FIFA presidential election.
    • We represent Bank Julius Baer & Co Ltd. (“Julius Baer”) in connection with parallel investigations by the DOJ and Swiss authorities involving allegations that FIFA officials and sports media and marketing officials engaged in money laundering, racketeering and wire fraud in connection with the awarding of global and regional soccer tournament media and marketing rights.  Specifically, the investigation is focused on (1) whether FIFA officials and sports media and marketing executives – as alleged in the DOJ’s May 2015 indictment and December 2015 superseding indictment – maintained accounts at the bank that were used to facilitate bribery payments in connection with soccer media and marketing rights contracts, and (2) whether bank executives and employees knew or should have known about such payments.  Julius Baer and its employees are cooperating with DOJ and we are representing them in discussions with U.S. authorities.
    • We represent the CONMEBOL in connection with U.S. criminal investigations and prosecutions into allegations of bribery and corruption in the international soccer world.  Specifically, we are advising CONMEBOL on the investigations and conducting an internal investigation on behalf of the organization.  On May 27, 2015, the U.S. unsealed a 47-count criminal indictment in the Eastern District of New York, charging 14 defendants with racketeering, wire fraud and money laundering conspiracies, among other offenses, in connection with the defendants’ alleged participation in a long running scheme to enrich themselves through the corruption of international soccer.  The criminal indictment alleges that high-level soccer officials abused their positions to solicit bribes from sports marketing companies.  The DOJ announced a superseding indictment on December 3, 2015, which charged 16 additional defendants, including several past and current CONMEBOL officials.  Among the additional charges in the superseding indictment are a bribery scheme implicating many top CONMEBOL officials relating to the sale of broadcasting rights to the CONMEBOL Copa Libertadores and a scheme by an Argentinian sports marketing company to obtain various rights properties by paying bribes to three Central American soccer officials to cause them to exert their influence in favor of the company. 
  • McDonnell Corruption Trial.  We represented former First Lady of Virginia Maureen McDonnell in connection with federal bribery and obstruction charges brought against her and her husband, former Governor of Virginia Bob McDonnell.  Mrs. McDonnell was convicted of obstruction of justice and certain corruption charges after a six-week trial in 2014.  After convincing the trial court to vacate the obstruction conviction because it was unsupported by the evidence, we pursued on appeal our arguments that the court incorrectly defined bribery and effectively directed the jury to convict.  The Supreme Court of the United States agreed with our position in the Governor’s appeal and vacated the convictions in a unanimous opinion that resoundingly rejected the government’s and lower courts’ conception of federal bribery laws.  Following the Supreme Court’s decision, which gave the government the option to attempt to re-try the case under the new standard, we met with the government to advocate that the charges instead be dismissed with prejudice.  In early September 2016, the government abandoned the case against our client and the Governor.
  • Sigelman FCPA Trial.  We convinced the DOJ to drop a high profile FCPA prosecution mid-trial, resulting in the client receiving a sentence of probation and no jail time.  In one of only a few FCPA cases ever to be tried, the Government dropped five-and-a-half of six charges against Mr. Sigelman after an admission by the Government’s star witness that he made false statements to the jury on direct examination.  The judge referred to the firm’s cross examination of the Government’s star witness as “bloodletting.”  Mr. Sigelman had been facing a possible sentence of 20 years in prison.  Instead, the Government agreed to a plea deal in which he received a sentence of probation with no incarceration.  These types of plea offers in the middle of trial rarely occur.  
  • Odebrecht Global Resolution.  We represent Odebrecht, the largest construction conglomerate in South America, in what the DOJ has described as “the largest-ever global foreign bribery resolution.”  The multi-jurisdictional investigation is part of the Lava Jato investigation and involved $788 million in illicit payments to Petrobras officials, Brazilian politicians and public officials in 12 countries on three continents.  We were lead counsel to Odebrecht in its negotiations with U.S. investigators and coordinated the global strategy in reaching a resolution between U.S., Brazilian and Swiss investigators and Odebrecht and its affiliate Braskem S.A. (“Braskem”).  We obtained a global criminal fine to Odebrecht of $2.6 billion, which is less than half of the minimum provided for under the U.S. Sentencing Guidelines and is even less than the overall benefit Odebrecht received from the illicit payments, which we stipulated was $3.336 billion.  The combined Odebrecht–Braskem global settlement figure was $3.5 billion, making it “the largest-ever global foreign bribery resolution,” as the DOJ described it in its press release.
  • We represent ENRC, a global mining conglomerate, in connection with a UK SFO investigation into alleged bribery involving the company’s Kazakh and African operations.  ENRC was listed on the London Stock Exchange but de-listed in part as a result of the SFO’s investigation.  We previously represented the two former executives at the heart of the investigation, the former CEO of ENRC’s African operations and the former Global General Counsel, both of whom have been identified as “suspects” by the SFO.  We have now replaced Deveboise & Plimpton as counsel for the Company. 
  • We served as counsel to the Special Committee of the Board of Directors of one of Europe’s largest engineering and construction firms concerning alleged violations of the Foreign Corrupt Practices Act relating to government procurement contracts in Africa and elsewhere. 
  • We served as counsel to the Special Committee of the Board of Directors of one of Europe’s largest engineering and construction firms concerning alleged violations of the Foreign Corrupt Practices Act relating to government procurement contracts in Africa and elsewhere.
  • We represented the Special Committee of Independent Directors of a major clothing manufacturer in response to allegations of customs violations, kickbacks and commercial bribery in its Hong Kong and Singapore operations.
  • One of our partners represented one of Africa’s largest telecommunications companies in an investigation by U.S. and African authorities of allegations of corruption and bribery relating to the award of a mobile license in Iran.
  • We represented a member of the board of directors of Net1, a South African company listed in the United States, in a FCPA investigation of Net1 and the board. The SEC formally dropped its investigation, bringing no charges against our client or Net1.
  • We represented the Vice President of a foreign country in connection with foreign corruption allegations by the DOJ and successfully resolved the matter with no criminal charges and a favorable civil settlement.
  • BTG Internal Investigation.  We represent a special committee formed by the Boards of Directors of  BTG Pactual, the largest investment bank in Latin America, and BTG Pactual Participations, Ltd. (“BTG Participations”), in an internal investigation regarding money laundering and bribery allegations against its former CEO André dos Santos Esteves and others.  We found no basis to support the allegations against the Bank and its employees.  

 B. Money Laundering and Fraud

  • FBME Preliminary Injunction.  We obtained an unprecedented preliminary injunction that prevents the U.S. Treasury Department and its Financial Crimes Enforcement Network, or “FinCEN,” bureau from enforcing a final rule that otherwise would have cut our client bank, FBME, off from U.S. dollars (and thus from the global financial system) to devastating effect.  This is the first successful stand a bank has made against FinCEN’s implementation of this deadly sanction, which reflects a determination by FinCEN under Section 311 of the USA PATRIOT Act that a foreign bank is an institution of “primary money laundering concern” and should be cut off from the U.S. financial system.  We persuaded the U.S. District Court for the District of Columbia that our client faced irreparable harm from implementation of the rule and was likely to prevail on the merits on the grounds that FinCEN’s ruling was procedurally defective and arbitrary and capricious.  We succeeded despite being up against classified evidence submitted ex parte and in camera that allegedly established FBME’s involvement in money laundering and terrorist financing, as well as the heightened deference that courts accord Executive agencies whenever concerns about national security and foreign policy are invoked, as they were here.  
  • We represent BSI SA (“BSI”), a Switzerland-based, international private bank, in connection with the global criminal investigations involving 1MDB, Malaysia’s sovereign wealth fund.  This is one of the most important, high-visibility criminal money laundering investigations in the world.  The Swiss authorities have ordered the bank to be liquidated and have launched the first ever criminal money laundering investigation against a bank.  The U.S. authorities are also conducting a wide-ranging investigation.  
  • We represent the Rosenthal family, one of the wealthiest and most prominent families in Central America, in connection with a high profile criminal prosecution against several family members and an OFAC investigation targeting family-owned companies alleging that family members and companies laundered funds for some of the largest narcotics traffickers in Latin America. We represent the family before the DOJ and OFAC and with Honduran co-counsel in Honduras. These government investigations resulted in the U.S. indictments of two family members, Jaime and Yani Rosenthal, respectively a former Honduran Vice President and a former Chief of Staff to a former Honduran President, and the seizure in the U.S. and Honduras of family assets worth over $1.5 billion. We conducted a wide-ranging investigation involving dozens of companies and individuals into the allegations raised by the U.S. and Honduran governments and are vigorously representing the family against the criminal indictments and asset seizures.
  • We represent Mr. Archila, the owner of Grupo A, one of Guatemala’s largest media conglomerates, and former Minister of Mines and Energy of Guatemala, in connection with a money laundering prosecution by the Guatemalan government. Specifically, we represent Mr. Archila in potential U.S. extradition and asylum proceedings, and before INTERPOL and the ICHR. This is one of the largest, high-profile criminal prosecutions launched by the Guatemalan government in recent history.
  • We represent one of the highest officials of the Venezuelan government in connection with a high-profile money laundering and narcotics trafficking U.S. criminal investigation.
  • We represented Actelion Pharmaceuticals in a three-year DOJ investigation into marketing practices related to the drug Tracleer. The investigation concluded without any criminal charges being filed and with the dismissal of a related civil action.
  • We represented the Board of Supreme Audit in Iraq in investigating fraud in the Oil for Food program.
  • One of our partners was lead investigations counsel for Triple Canopy/Constellis, the private security company, in a global investigation concerning allegations of False Claims Act violations in Uganda.
  • We represented the Special Committee of the Board of Directors of Idealab to investigate claims by venture capital investors alleging various improper stock transactions and self-dealing on the part of the company’s management.
  • We represented Tier Technologies in a six-month Audit Committee investigation following an accounting restatement and in related shareholder and SEC proceedings.
  • We represented Terayon Communications Systems in a year-long Audit Committee investigation arising out of an accounting restatement and in related SEC and shareholder actions over operations in Canada, Israel and Brazil.
  • One of our partners represented Teledyne for allegedly overcharging the federal government in connection with defense contracts.
  • One of our partners represented General Re, a subsidiary of Berkshire Hathaway, in investigations by federal and state agencies into financial reinsurance arrangements and obtained a non-prosecution agreement with the DOJ.
  • One of our partners represented HCA, Inc. for alleged Medicare and Medicaid overbilling.
  • One of our partners represented BlackRock in investigations by the DOJ, the SEC and the New York Attorney General, in investigations concerning market timing, late trading and revenue sharing.
  • One of our partners represented the former public company IDB Communications in DOJ and SEC investigations for alleged financial accounting fraud and insider trading by senior officers.
  • One of our partners represented Tyco in connection with the SEC investigations stemming from the conduct of its former officers Dennis Kozlowski, Mark Belnick and Mark Swartz.
  • One of our partners represented ICGS, the joint Northrop Grumman Lockheed Martin entity formed to rebuild the U.S. Coast Guard through the Deepwater program, involving a $25 billion series of contracts. This involved various government investigations, fraud and False Claims Act subpoenas and qui tam investigations. Our partner successfully defended after a foreign whistleblower initiated action.


C. Economic Espionage and Trade Secrets

  • Chen Espionage Investigation.  We represented Dr. Qun Chen, a senior executive of Shanghai United Imaging Healthcare Co. Ltd., a leading Chinese medical imaging company, in a criminal economic espionage investigation by the U.S. Attorney’s Office for the Southern District of New York that resulted in the indictment of three NYU scientists.  We successfully extricated Dr. Chen from the Southern District’s investigation.
  • Dismissal of Trade Secret Misappropriation Claim.  In Koninklijke Philips N.V. et al. v. Elec-Tech International Co., Ltd. et al. (N.D. Cal.), we successfully obtained a dismissal of a high-stakes trade secret misappropriation claim brought in federal court by one of the world’s largest producers of light-emitting diodes and related products against Chinese competitor Elec-Tech International Co., Ltd. (ETI), several of its subsidiaries and three of its officers.
  • Motion to Quash Granted in Espionage Case.  We represent the Pangang Group and three of its subsidiaries.  These Chinese companies—large metal manufacturers—were indicted in a closely watched criminal case brought under the Economic Espionage Act.  The government attempted to serve the indictment on our clients by delivery and mailing of a summons on an uncharged U.S. corporation that it alleged acted as an “agent” of the defendants.  Our motion to quash the government’s attempted service was granted.


D. Tax Evasion and Economic Sanctions

  • Resolution of Swiss Banks’ Criminal Liability for Tax Evasion:
    • We are representing several major international Swiss banks in the ongoing and high-visibility DOJ criminal investigation into their historical cross-border private banking business, including whether they aided and abetted tax evasion by U.S. taxpayers. We have represented multiple Swiss banks obtain criminal resolutions, including Julius Baer, a Swiss publicly traded bank and the world’s largest pure private bank. Julius Baer avoided prosecution by entering into a deferred prosecution agreement pursuant to which it paid a total of $547.25 million, including an $81 million penalty. This reflected an approximately 85 percent reduction from the low-end of the range for the penalty, which is the largest reduction ever publicly reported by the DOJ in any criminal context and was predicated on what the DOJ termed as “gold standard” cooperation by Julius Baer. Julius Baer also avoided the prosecution of its senior executives.
    • Similarly, we represented BSI in the unprecedented program between the United States and Switzerland to resolve the criminal liability of Swiss banks that helped Americans evade taxes (“Swiss Bank Program”). BSI was the first, out of approximately 80 banks participating in the Swiss Bank Program, to obtain a non-prosecution agreement and set forth the standards that helped govern the resolutions of the subsequent participating banks. We also represented EFG Bank (“EFG”), one of the largest private banks in Switzerland, in connection with the Swiss Bank Program. EFG paid a Program penalty that amounted to 1.9% of the Bank’s peak U.S. assets under management, which is less than half the penalty that other banks in the Program had to pay to resolve their criminal liability.
  • One of our partners represented a U.S. manufacturer of refrigerators, washing machines, and other “white goods” in an investigation and voluntary disclosure to government investigators regarding potential sanctions violations in connection with shipment of restaurant equipment to Cuba.


E. Fraud

  • We were counsel to a former executive of a major healthcare company in an internal investigation regarding allegations of campaign finance law violations. We reached a conciliation agreement with the FEC in which the client was not referred to DOJ for criminal prosecution, did not pay a single penny in civil fines, and was simply cited for a non-willful and non-knowing violation of the law.
  • Complete Dismissal in AIG matter.  We obtained a complete dismissal, with prejudice, of a major False Claims Act case against AIG that alleged AIG defrauded the Federal Reserve Bank of New York by hundreds of millions of dollars during the financial crisis.  The case, brought by a former AIG human resources executive-turned-whistleblower, alleged that two insurance subsidiaries that AIG sold to the Federal Reserve in exchange for $25 billion in debt reduction had, for decades, engaged in unlicensed insurance business in New York.  The plaintiff alleged that AIG was complicit in the illegal insurance activity, concealed it from regulators, and deliberately misled the Fed during the negotiations in order to consummate the transaction.  This case posed a potential $2.5 billion liability for AIG under the False Claims Act’s treble damages provision.  We previously convinced the DOJ to decline to intervene in the suit, and after a three-hour long oral argument on our motion to dismiss, we have now obtained a complete dismissal, with prejudice, in an opinion that adopted nearly every one of our arguments and found that any attempt by the plaintiff to supplement his complaint would be futile.
  • Diaz DOJ and SEC Investigation.  Martin Diaz-Alvarez is one of Mexico’s most prominent bankers. In 2014, the Mexican government falsely accused Mr. Diaz of a $500 million fraud involving the collapse of Oceanografia S.A. de C.V. (“Oceanografia”), Mexico’s largest oil services company. This is the largest financial fraud case in the history of Latin America. We successfully extricated Mr. Diaz from parallel DOJ and SEC investigations.
  • Time-Served Sentence.  We obtained a sentence of “time served” (only 4 months) for Isidoro Garbarino, who had been indicted for defrauding customs out of millions of dollars of duties for Russian and Iranian caviar and then fled the U.S. for more than 20 years.
  • SEC Declines to Bring Charges Against Apple.  We were selected by Vice President Al Gore to represent a special committee of the board of Apple in connection with an investigation into Steve Jobs’ approval and personal receipt of backdated stock options.  The SEC specifically cited the quality of our investigation as a factor in declining to bring charges against the company.
  • Oceanografia Fraud.  We represent a consortium of investment funds, a major international bank and shipping companies from over a dozen countries in the U.S., Europe, Latin America and the Middle East in the largest financial fraud in Latin American history.  Specifically, Oceanografia, the largest oil services firm in Latin American and the largest vendor of Petroleos Mexicanos S.A. (“Pemex”) in conjunction with Citigroup, falsified invoices purportedly representing services Oceanografia did not provide to obtain hundreds of millions of dollars in cash advances from Citigroup.  When Pemex learned of the fraud, Oceanografia collapsed, resulting in over $1 billion in losses to the funds, bank and shipping companies that purchased Oceanografia’s bonds, lent it money and leased it ships.  We represent this consortium before the SEC and in a large civil lawsuit in federal court against Citigroup.  We conducted a wide ranging two-year investigation in over a dozen countries to develop the facts and evidence to represent the consortium before the SEC as victims of the fraud and as plaintiffs in the civil action.
  • Largest Civil Fraud Case in Latin American History. We represent the prior owners of Representaciones e Investigaciones Medicas S.A. de C.V. (“Rimsa”), a leading pharmaceutical company in Mexico, who sold Rimsa to Teva Pharmaceutical Industries Limited (“Teva”), one of the world’s largest pharmaceutical companies for $2.3 billion.‎ Teva sued the prior owners seeking to rescind the transaction, a return of the entire purchase price and punitive damages. Teva alleges that the prior owners defrauded it by failing to disclose that Rimsa’s products violated Mexican federal health care standards. We represent the prior owners with Mexican co-counsel in the Mexican regulatory proceedings and in the $2.3 billion rescission lawsuit in the U.S. This is the largest such case in Latin American history and one of the largest failed transaction litigations in U.S. history. As part of our representation, we are conducting an investigation in all of the jurisdictions involved in the transaction, including the U.S., Mexico, Israel and Luxembourg.
  • First Ever Peruvian-Related Insider Trading DOJ and SEC Investigation. We represent Mr. Carrion, one of the most successful investment bankers in Peru and partner at Kallpa Securities S.A.B., one of the largest Peruvian asset management and financial advisory services firms. Mr. Carrion is being investigated by the SEC and the DOJ for insider trading in connection with the largest insider trading case in Peruvian history.


F. Asset Forfeiture

  • Favorable Resolution of Asset-Forfeiture Case.  We successfully represented the Vice President of Equatorial Guinea in a precedent-setting civil forfeiture proceeding brought by the DOJ that raised novel issues regarding the role of foreign law under the U.S. money laundering statutes.  We successfully resolved the case.
  • Criminal Copyright Case.  We represented Megaupload Limited in the largest copyright case in U.S. history in connection with criminal charges brought by the DOJ and successfully set aside a restraint order that had frozen the client’s assets located in Hong Kong.


G. Employment/Immigration

  • Dismissal of All Felony Charges.  We represented IFCO executives charged with immigration violations after the government detected undocumented workers at the company’s factories.  We won dismissal of all felony charges, and the case settled for a misdemeanor fine of less than $10,000.

H. Environmental

  • Pre-Trial Dismissal and Jury Acquittal in BP Deepwater Horizon matter.  We obtained pre-trial dismissal of the most serious charges related to the BP Deepwater Horizon Explosion & Oil Spill, and subsequently obtained an acquittal at trial on all remaining charges.  We represented an individual facing 23 federal criminal counts arising out of the BP Oil Spill.  He was accused of causing oil pollution and manslaughter.  Over a three-year period, we first obtained dismissal of all the manslaughter counts before trial on the grounds that the statutes under which the government was prosecuting did not apply to off-shore activities at that point in the ocean.  As to the remaining counts, a jury unanimously acquitted our client, finding that he did not cause the disaster.  The acquittal was covered extensively by The Wall Street Journal, New York Times, Houston Chronicle, and Texas Monthly

I. Criminal Anti-Trust

  • Not Guilty Verdict.  One of our partners represented Manuli Rubber Industries of Italy executive Francesco Scaglia in the “Marine Hose Price Fixing Cartel” trial in West Palm Beach, Florida. The case was one of the largest international criminal antitrust cases ever prosecuted by the DOJ. The jury returned its “not guilty” verdict within hours after a month-long trial.
  • We represent a pharmaceutical client in a criminal investigation launched by the DOJ’s Criminal Antitrust Division in Washington, D.C. concerning price increases for generic drugs. The Grand Jury subpoena was served by the DOJ in an ongoing investigation into alleged price fixing by key players in the generic drug industry that was commenced in late-2014. The recent rise in the prices of generic drugs in the United States also has been the subject of a congressional inquiry.
  • One of our partners represented a broker-dealer in connection with a criminal antitrust investigation by the DOJ arising out of alleged bid-rigging in the municipal derivatives market.
  • We obtained a grant of leniency from the DOJ for a company whose employees had engaged in an international price-fixing scheme related to the internet marketplace for consumer goods.
  • We represent the Rosenthal family, one of the wealthiest and most prominent families in Central America, in connection with a high profile criminal prosecution against several family members and an OFAC investigation targeting family-owned companies alleging that family members and companies laundered funds for some of the largest narcotics traffickers in Latin America.  We represent the family before the DOJ and OFAC and with Honduran co-counsel in Honduras.  These government investigations resulted in the U.S. indictments of two family members, Jaime and Yani Rosenthal, respectively a former Honduran Vice President and a former Chief of Staff to a former Honduran President, and the seizure in the U.S. and Honduras of family assets worth over $1.5 billion.  We conducted a wide-ranging investigation involving dozens of companies and individuals into the allegations raised by the U.S. and Honduran governments and are vigorously representing the family against the criminal indictments and asset seizures.
Back to Top

Partners

Partners