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 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 United Kingdom Bribery Act. Global Investigations Review ranked us No. 1 on its 2017 GIR 30 list of the world's leading investigations and compliance practices, and in 2016, we were named GIR's “Most Impressive Investigations Practice of the Year.” Also 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 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 United Kingdom Bribery Act. Global Investigations Review ranked us No. 1 on its 2017 GIR 30 list of the world's leading investigations and compliance practices, and in 2016, we were named GIR's “Most Impressive Investigations Practice of the Year.” Also 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

Co-Chair, Investigations and Criminal Litigation Practice Group

+1 617 526 6144 (t)

stephen.jonas@wilmerhale.com

Machen_Ron_2015

Ronald C. Machen

Co-Chair, Investigations and Criminal Litigation Practice Group

+1 202 663 6881 (t)

ronald.machen@wilmerhale.com

Sahni_Anjan_lo.jpg

Anjan Sahni

Vice Chair, Investigations and Criminal Litigation Practice Group

+1 212 937 7418 (t)

anjan.sahni@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

Cohen, David

David S. Cohen

Partner

+1 202 663 6205 (t)

david.cohen@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

Gurney, Brent J.

Brent J. Gurney

Partner

+1 202 663 6525 (t)

brent.gurney@wilmerhale.com

Experience

Investigations and Criminal Litigation Core Team Experience

David S. Cohen — Former Deputy Director of the Central Intelligence Agency, Under Secretary of the Treasury for Terrorism and Financial Intelligence, and Assistant Secretary of the Treasury for Terrorist Financing

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

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

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

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

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

John F. Walsh — 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 17, 2018

UK Parliamentary committee hears evidence during economic crime inquiry

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

May 3, 2018

WilmerHale Lawyers and Practices Recognized in 2018 Edition of Chambers USA

Chambers and Partners announced its rankings for the 2018 edition of Chambers USA: America's Leading Lawyers for Business, with WilmerHale listed among the nation's best in 50 practice area categories. Chambers also ranked 95 WilmerHale lawyers as leaders in their respective fields.

April 27, 2018

SEC Targets Inadequate Cyberbreach Disclosure in Yahoo Settlement

On April 24, 2018, the Securities and Exchange Commission announced a settled enforcement proceeding against Altaba Inc. (formerly known as Yahoo! Inc.) arising out of data breaches suffered by Yahoo in 2014, 2015 and 2016. 

March 22, 2018

Infrastructure Series: Cost-Sharing with State and Local Governments

As discussed in previous issues of WilmerHale's Infrastructure Series, the Trump Administration proposes several initiatives to seek and secure long-term changes in the government's approach to funding infrastructure projects.

March 16, 2018

WilmerHale Recognized for Outstanding International Lawyers and Practices in Chambers Global 2018

In the 2018 edition of Chambers Global, 33 WilmerHale lawyers were named among “The World's Leading Lawyers for Business."

March 5, 2018

Department of Justice Launches New Initiative to Combat Sexual Harassment in the Workplace

On February 28, 2018, the Department of Justice's (DOJ) Civil Rights Division announced a new Sexual Harassment in the Workplace Initiative (SHWI) that will focus on combating workplace sexual harassment in the public sector.

March 5, 2018

UK financial regulators respond to the rise of the robots

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

February 15, 2018

New DOJ FCPA Enforcement Policy Raises Difficult Questions For Companies Considering Voluntary Disclosures

This New York Law Journal article by Jay Holtmeier, Erin Sloane and Jeff Habenicht highlights a few of the uncertainties and potential pitfalls that may await a company deciding whether to take the significant step of voluntarily disclosing criminal conduct to prosecutors.

January 29, 2018

Preserving Privilege in Government Investigations in Light of 'SEC v. Herrera'

In this New York Law Journal article, authors Boyd Johnson, Brendan McGuire and Alyssa DaCunha explore how a recent case from the Southern District of Florida makes clear that counsel must tread carefully when assessing whether and how to share information derived from privileged investigative materials, as doing so may risk waiving the work product privilege over the underlying materials and potentially their entire subject matter.

January 25, 2018

Justice Department Issues Guidance on Dismissing Qui Tam False Claims Act Cases Over Relators' Objections

On January 10, the head of the Justice Department's Civil Frauds Section issued an internal memorandum instructing all Department attorneys handling False Claims Act cases to consider whether, when declining to intervene, the government should go further and move to dismiss meritless cases over relators' objections.