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. For insight and analysis from our lawyers on all aspects of UK white-collar, investigations and regulatory enforcement topics, visit our WilmerHale W.I.R.E. (White Collar, Investigations and Regulatory Enforcement) UK blog.

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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Boyd M. Johnson III

Co-Chair, Investigations and Criminal Litigation Practice Group

+1 212 230 8862 (t)

boyd.johnson@wilmerhale.com

Jonas, Stephen A.

Stephen A. Jonas

Co-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

Adegbile, Debo

Debo P. Adegbile

Partner

+1 212 295 6717 (t)

debo.adegbile@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

Flanagan, Mark D.

Mark D. Flanagan

Partner

+1 650 858 6047 (t)

mark.flanagan@wilmerhale.com

Gorelick, Jamie

Jamie Gorelick

Partner

+1 202 663 6500 (t)

jamie.gorelick@wilmerhale.com

Green, Joel S.

Joel S. Green

Partner

+1 202 663 6936 (t)

joel.green@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

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

Matt Jones — Former Counsel and Chief of Staff in the US Attorney's Office in the District of Columbia

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

Ronald C. Machen — Former US Attorney in the District of Columbia

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

Matthew T. Martens — Former Chief Litigation Counsel for the Division of Enforcement at the Securities and Exchange Commission and Former Assistant US Attorney and Deputy Criminal Chief in the US Attorney's Office for the Western District of North Carolina

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

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

Stephen W. Preston — Former General Counsel of the Department of Defense, Central Intelligence Agency and Navy

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

Anjan Sahni — Former Federal Prosecutor, Chief of the Securities and Commodities Fraud Task Force, and Co-Chief of the Terrorism and International Narcotics Unit in the US Attorney's Office for the Southern District of New York

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

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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August 11, 2016

Supreme Court Upholds Implied Certification Liability, While Emphasizing Materiality Requirement

Authors Jonathan G. Cedarbaum, Karen F. Green, David W. Ogden and Matthew Guarnieri explain the US Supreme Court's recent unanimous decision to uphold the “implied certification” theory of liability under the False Claims Act and discuss the implications for future False Claims Act cases; published in the August 2016 edition of Pratt's Government Contracting Law Report, Vol. 2, No. 8.

August 10, 2016

Separation Panes: Emerging Litigation Over Window Sealant

Brent Gurney and Rachel Murphy, in an article published by Law360, outline why litigation involving polyisobutylene has become a source of anxiety for building owners, contractors, subcontractors and PIB manufacturers.

July 18, 2016

The UK's second DPA: a hopeful judgment 

A blog post by Lloyd Firth, published on the WilmerHale W.I.R.E. UK blog and also by economia.

July 12, 2016

United Kingdom: handling internal investigations

An extract by Stephen Pollard, Christopher David and Elly Proudlock from "The European, Middle Eastern and African Investigations Review 2016," published by Global Investigations Review.

July 12, 2016

WilmerHale Attorneys Fend Off SEC Claims in Fraud Trial

The Recorder discusses the first SEC defeat in 2016, detailing the case led by Heather Tewksbury and Randall Lee.

July 6, 2016

WilmerHale Hands SEC First 2016 Fraud Trial Defeat

A team of WilmerHale litigators persuaded an Albuquerque, New Mexico, jury to clear two former mortgage-lending officials on half of the 10 charges brought against them by the US Securities and Exchange Commission, while deadlocking on the remaining charges.

June 22, 2016

The Legal 500 United States 2016 Recognizes 111 WilmerHale Lawyers Across 30 Practice Areas

The guide's rankings are based on a series of criteria, including client feedback, interviews with private practice lawyers, and its own research.

June 13, 2016

The Global Implications of the EU's New Civil Market Abuse Regime

On 3 July 2016 the EU Market Abuse Regulations will come into force, replacing the previous civil market abuse regime as set out in the Market Abuse Directive. Given its extra-territorial effect, the changes brought in by MAR are likely to have implications for market participants located outside the EU. [Also published on the WilmerHale W.I.R.E. UK blog.]

June 8, 2016

Stephen Preston Receives National Security Agency Intelligence Under Law Award

The Intelligence Under Law Award is presented annually in recognition of an individual's “commitment to the conduct of intelligence activities under the rule of law.”

May 27, 2016

WilmerHale Lawyers and Practices Recognized in 2016 Edition of Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2016 edition, with WilmerHale ranking among the nation's best in 47 practice area categories. Chambers also ranked 82 WilmerHale lawyers as leaders in their respective fields.