Investigations and Criminal Litigation LITIGATION/CONTROVERSY

Our clients rely on the valuable insight of a team of seasoned lawyers who have many years of experience working on the unique and challenging issues of this practice area. WilmerHale’s Investigations and Criminal Litigation Group consists of more than 60 members, resident in Washington DC, Boston, New York, California and London, and practices across the country and abroad. Drawing on the collective experience of the firm are lawyers who have served in high-level positions within the government, including numerous former prosecutors. Members of the Investigations and Criminal Litigation Group have previously served as Deputy Attorney General of the United States, United States Attorney, Deputy United States Attorney and Director and General Counsel of the Federal Bureau of Investigation and Chief Litigation Counsel for the Division of Enforcement at the Securities and Exchange Commission, as well as numerous former Assistant United States Attorneys and state prosecutors.

Our integrated approach and collective experience enables us to handle the most challenging of issues. Fortune 500 companies, corporate executives and high-ranking public officials retain us for representation in internal corporate investigations; government investigations, including grand jury, congressional and inspector general investigations; criminal litigation, including trials and appeals; and related civil and administrative proceedings, including qui tam actions. We have defended clients against allegations of insider trading; money laundering; health care, securities, accounting and government contracts fraud; violations of the Foreign Corrupt Practices Act; Anti-kickback Statute and False Claims Act; criminal environmental violations; criminal antitrust violations; and violations of other statutes. We have considerable experience advising on German and other European anti-corruption laws, including the newly enacted United Kingdom Bribery Act. Recently named Criminal Defense: White Collar Law Firm of the Year by US News, we:

  • Obtained quick dismissal of all criminal charges against a biomedical sales manager relating to alleged off-label promotion; the US Attorney’s Office agreed to dismiss all charges after our opening statement and only one partial day of testimony
  • Have represented numerous major pharmaceutical companies and medical device companies in wide-ranging federal criminal investigations of alleged health care fraud
  • Represented numerous companies and individuals in federal criminal investigations in the areas of securities, antitrust, immigration, public corruption, tax and government fraud
  • Represented numerous clients in congressional investigations, including a global financial institution in two major inquiries by the Senate Permanent Subcommittee on Investigations into the vulnerability of US banking operations to foreign money laundering
  • Represented numerous individuals in criminal prosecutions, including trials and appeals, of alleged health care fraud, securities fraud, insider trading, and environmental violations

Please visit our UK Investigations and Criminal Litigation page for more information on our UK group.

Our clients rely on the valuable insight of a team of seasoned lawyers who have many years of experience working on the unique and challenging issues of this practice area. WilmerHale’s Investigations and Criminal Litigation Group consists of more than 60 members, resident in Washington DC, Boston, New York, California and London, and practices across the country and abroad. Drawing on the collective experience of the firm are lawyers who have served in high-level positions within the government, including numerous former prosecutors. Members of the Investigations and Criminal Litigation Group have previously served as Deputy Attorney General of the United States, United States Attorney, Deputy United States Attorney and Director and General Counsel of the Federal Bureau of Investigation and Chief Litigation Counsel for the Division of Enforcement at the Securities and Exchange Commission, as well as numerous former Assistant United States Attorneys and state prosecutors.

Our integrated approach and collective experience enables us to handle the most challenging of issues. Fortune 500 companies, corporate executives and high-ranking public officials retain us for representation in internal corporate investigations; government investigations, including grand jury, congressional and inspector general investigations; criminal litigation, including trials and appeals; and related civil and administrative proceedings, including qui tam actions. We have defended clients against allegations of insider trading; money laundering; health care, securities, accounting and government contracts fraud; violations of the Foreign Corrupt Practices Act; Anti-kickback Statute and False Claims Act; criminal environmental violations; criminal antitrust violations; and violations of other statutes. We have considerable experience advising on German and other European anti-corruption laws, including the newly enacted United Kingdom Bribery Act. Recently named Criminal Defense: White Collar Law Firm of the Year by US News, we:

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Contacts

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Jonas, Stephen A.

Stephen A. Jonas

Chair, Investigations and Criminal Litigation Practice Group

+1 617 526 6144 (t)

stephen.jonas@wilmerhale.com

Shapiro, Howard

Howard M. Shapiro

Chair, Litigation/Controversy Department

+1 202 663 6606 (t)

howard.shapiro@wilmerhale.com

Berman, Bruce M.

Bruce M. Berman

Partner

+1 202 663 6173 (t)

bruce.berman@wilmerhale.com

Brown, Reginald J.

Reginald J. Brown

Partner

+1 202 663 6430 (t)

reginald.brown@wilmerhale.com

Curtis, Douglas

Douglas Curtis

Partner

+1 212 230 8802 (t)

douglas.curtis@wilmerhale.com

Flanagan, Mark D.

Mark D. Flanagan

Partner

+1 650 858 6047 (t)

mark.flanagan@wilmerhale.com

Ford, Mark A.

Mark A. Ford

Partner

+1 617 526 6423 (t)

mark.ford@wilmerhale.com

Gorelick, Jamie

Jamie Gorelick

Partner

+1 202 663 6500 (t)

jamie.gorelick@wilmerhale.com

Green, Karen F.

Karen F. Green

Partner

+1 617 526 6207 (t)

karen.green@wilmerhale.com

Gurney, Brent J.

Brent J. Gurney

Partner

+1 202 663 6525 (t)

brent.gurney@wilmerhale.com

Experience

Investigations and Criminal Litigation Core Team Experience

Todd F. Braunstein — Former Assistant US Attorney in the District of Massachusetts

Mark D. Flanagan — Former Assistant US Attorney in the Central District of California

Jamie S. Gorelick — Former Deputy Attorney General of the United States and General Counsel of the Department of Defense

Karen F. Green — Former First Assistant US Attorney for the District of Massachusetts and Chief of Staff to Governor William F. Weld

Brent J. Gurney — Former Assistant US Attorney in the District of Maryland

Jay Holtmeier — Former Assistant US Attorney in the Southern District of New York

Boyd M. Johnson III — Former Deputy United States Attorney in the Southern District of New York

Stephen A. Jonas — Former Deputy Attorney General for the Commonwealth of Massachusetts

Robert D. Keefe — Former prosecutor with the US Department of Justice

Michael J. Leotta — Former Appellate Chief and Assistant US Attorney in the District of Maryland and Former Deputy Associate Counsel to the White House

David C. Marcus — Former Executive Assistant US Attorney and Assistant US Attorney in Los Angeles

William R. McLucas — Former Director of the SEC's Division of Enforcement

Robert S. Mueller III — Former Director of the Federal Bureau of Investigations, Assistant Attorney General of the Department of Justice Criminal Division, Assistant US Attorney and Chief of the Criminal Division in the Northern District of California, Assistant US Attorney in the District of Massachusetts

Peter G. Neiman — Former Assistant US Attorney in the Southern District of New York

Gregory F. Noonan — Former US Attorney in the District of Massachusetts

David W. Ogden — Former Deputy Attorney General of the United States and Deputy General Counsel of the Department of Defense

Jeannie S. Rhee — Former Deputy Assistant Attorney General in the Office of Legal Counsel for the US Department of Justice

Emily R. Schulman — Former Assistant United States Attorney in the US Attorney's Office in Massachusetts

Howard M. Shapiro — Former General Counsel of the Federal Bureau of Investigation and Assistant US Attorney in the Southern District of New York

Thomas L. Strickland — Former US Attorney in the District of Colorado

Peter K. Vigeland — Former Assistant US Attorney and Chief of the Major Crimes Unit in the Southern District of New York and former Assistant District Attorney in the Manhattan DA's office

Seth P. Waxman — Former Solicitor General of the United States

Roger M. Witten — Former Assistant Special Prosecutor on the Watergate Special Prosecution Force

Publications & News

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April 16, 2013

Former Deputy U.S. Attorney and WilmerHale Partner Boyd Johnson Addresses Risk Management Imperatives for Hedge Fund Managers

An article published in the April 4, 2013 edition of The Hedge Fund Law Report, Vol. 6, No. 14.

March 8, 2013

Attorneys Author Chapter in Defending Corporations & Individuals In Government Investigations

Boyd M. Johnson III co-authored a chapter titled “Defending Clients in Insider Trading Investigations and Enforcement Actions,” which was published in the recently released book Defending Corporations & Individuals In Government Investigations.

February 28, 2013

Attorneys Publish Article on Off-Label Drug Promotion Resolutions in New York Law Journal

An article entitled "Revisiting 'Off-Label' Drug Promotion Resolutions in Light of 'Caronia'" by Peter Neiman, Seth Orkand and Peter Vigeland, published in the New York Law Journal.

February 22, 2013

WilmerHale Attorneys Publish Article in Bloomberg BNA's White Collar Crime Report

An article entitled "You May Already Be a Government Agent: United States v. Carson And What Will Turn a Corporate Internal Investigation Into 'State Action'" by Michael Leotta and Haryle Kaldis, published in the February 22, 2013 edition of Bloomberg BNA's White Collar Crime Report.

January 4, 2013

WilmerHale Announces the Elevation of Partners and Special Counsel

We are pleased to announce the elevation of our new partners and special counsel in 2013.

November 28, 2012

Partner Karen Green Contributes to Breaking Barriers

November 5, 2012

Chambers Recognizes Top WilmerHale UK Lawyers and Practices

October 18, 2012

CFTC Heightened Enforcement Activity

On October 5, 2012, the Commodity Futures Trading Commission (Commission or CFTC) announced fiscal year 2012 enforcement statistics and case highlights, and identified for practitioners and market participants the Division of Enforcement’s (Division) likely 2013 priorities.1 In addition to fraud-based actions, the announcement brought attention to cases involving allegations of manipulation, false reporting, wash trades, exceeding position limits, and deficient customer fund safeguards and supervision obligations.

October 18, 2012

Affordable Care Act Litigation: The Next Round

September 24, 2012

Legal 500 UK 2012 Recognizes WilmerHale’s London Offices