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

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

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

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

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

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

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

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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May 3, 2016

Panel Offers Insights on Doing Business in Colombia

As Colombia moves toward a peace agreement with FARC rebels and works to accomplish reforms necessary for OECD accession, the nation stands poised at the threshold of significant growth and transformation.

April 8, 2016

DOJ Launches FCPA Pilot Program to Encourage Corporate Voluntary Disclosure and Cooperation

On April 5, 2016, the Fraud Section of the Department of Justice's Criminal Division issued an enforcement plan and guidance laying out three steps it is taking to intensify Foreign Corrupt Practices Act enforcement.

April 1, 2016

Busy 1st Quarter For FCPA Enforcement

An article by Jay Holtmeier, Kimberly Parker, Erin Sloane, Lillian Potter, Jeanne Gellman and Erin Kuhls, published in the March 31, 2016 issue of Law360, explores cases indicating that even as the DOJ has renewed its focus on individuals, it continues to pursue large cases with corporations—and that the SEC continues to broadly define a "thing of value" under the FCPA.

March 31, 2016

US Supreme Court Affirms Sixth Amendment Right to Defense Counsel of One's Choice

In a widely-awaited decision concerning the Sixth Amendment right to counsel and the government's pretrial seizure of a defendant's assets, the US Supreme Court ruled on March 30, 2016, in the case of Luis v. United States (14-419).

March 23, 2016

Chambers Global 2016 Ranks WilmerHale Lawyers, Practices

Chambers Global has named 28 WilmerHale lawyers among “The World's Leading Lawyers for Business” in its 2016 edition. Additionally, the firm is ranked in 15 practice areas that span five regions.

March 18, 2016

Karen F. Green Named President of Litigation Counsel of America

LCA is an invitation-only trial lawyer honorary society established to reflect the new face of the American Bar.

January 21, 2016

AML Litigation and Individual Liability: FinCEN's Landmark Haider Case Moves Forward

A federal district court in Minnesota recently held that the Bank Secrecy Act (BSA) permits the Financial Crimes Enforcement Network (FinCEN) to bring suit against individuals for willfully violating the BSA's AML program requirement. 

January 21, 2016

FinCEN Sets Its Sights on Luxury Real Estate

On January 13, the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) issued Geographic Targeting Orders that will temporarily require title insurance companies to report the identities of the natural persons behind companies paying cash for high-end residential real estate in Manhattan and Miami-Dade County. 

December 9, 2015

Former Top Defense Department Lawyer Stephen Preston Rejoins WilmerHale

WilmerHale is pleased to announce that former Department of Defense General Counsel Stephen W. Preston has rejoined the firm.

December 4, 2015

Washingtonian Magazine Names Eight WilmerHale Partners Top Attorneys in Washington DC

Washingtonian magazine has released its list of 2015 Top Attorneys, recognizing Washington's top legal talent based on peer review. The 2015 list is the Washingtonian's largest ever and ranks the top one percent of the nation's capital's 80,000 lawyers across 21 different practices.