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. 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. 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

Gurney, Brent J.

Brent J. Gurney

Partner

+1 202 663 6525 (t)

brent.gurney@wilmerhale.com

Holtmeier, Jay

Jay Holtmeier

Partner

+1 212 295 6413 (t)

jay.holtmeier@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

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

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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August 16, 2017

Michael Leotta Named National Vice Chair of ABA’s White Collar Crime Committee

Partner Michael Leotta was named a national vice chair of the American Bar Association's (ABA) White Collar Crime Committee.

August 15, 2017

Less 'boondoggle', more 'fair, reasonable and proportionate': the use of corporate monitors in UK Deferred Prosecution Agreements

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

August 9, 2017

Cybersecurity Failures May Bring SEC Enforcement Actions, Dan Schubert Tells Wolters Kluwer

WilmerHale Partner Dan Schubert in a Wolters Kluwer interview discusses how cybersecurity issues can lead to SEC enforcement actions.

August 2, 2017

Ninth Circuit Applies the Holocaust Expropriated Art Recovery Act of 2016 to Revive Previously Dismissed Nazi-Era Art Appropriation Case

On July 10, 2017, the US Court of Appeals for the Ninth Circuit became the first circuit court to apply the six-year statute of limitations from the Holocaust Expropriated Art Recovery Act of 2016 (HEAR Act). In Cassirer v. Thyssen-Bornemisza Collection Found., 2017 U.S. App. LEXIS 12265 (9th Cir. Cal. July 10, 2017), the Ninth Circuit revived a Nazi-era art appropriation case that the district court had dismissed in 2015, after finding the plaintiffs' claims to a Camille Pissaro painting to be timely under the HEAR Act, and finding triable issues of fact—principally under Spanish law—regarding transactions involving the painting.

July 18, 2017

Jay Holtmeier Elected to The City Bar Fund’s Board of Directors

The City Bar Fund supports several programs that help underserved communities secure legal representation; promote international justice efforts overseas; highlight the need for diversity and inclusion in the legal industry; mentor inner-city students looking to pursue legal careers; and offer substance abuse counseling to New York City lawyers.

June 20, 2017

Court Determines That Grocer's Website Not Used to Sell Goods Is Public Accommodation Under the ADA

Last week, following a bench trial, a federal district judge in Florida concluded that the grocery store and pharmacy chain Winn-Dixie violated Title III of the Americans with Disabilities Act because its website is not compatible with industry-standard screen-reading software used by visually impaired consumers.

June 13, 2017

Supreme Court Substantially Reduces Government's Ability to Seek Criminal Forfeitures

On June 5, 2017, the Supreme Court issued a unanimous opinion in Honeycutt v. United States (No. 16-142), holding that a criminal defendant can be held liable to forfeit only crime proceeds the defendant personally obtained, and cannot be made jointly and severally liable for proceeds acquired by a co-conspirator. This WilmerHale Client Alert was republished on NYU Law's Compliance & Enforcement blog.

June 9, 2017

The Legal 500 United States 2017 Recognizes 125 WilmerHale Lawyers Across 28 Practice Areas

The Legal 500 United States has released its 2017 rankings, recommending 125 WilmerHale lawyers—including 12 who are named to its elite “Leading Lawyers” list and two on its “Next Generation Lawyers” list—and 28 practice areas in its 11th edition.

May 26, 2017

WilmerHale Lawyers and Practices Recognized in 2017 Edition of Chambers USA

Chambers and Partners announced its rankings for the 2017 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 86 WilmerHale lawyers as leaders in their respective fields.

May 15, 2017

WilmerHale, Waivers and When to Stop Investigating

In this interview with GIR, Boyd Johnson and Stephen Pollard discuss how the WilmerHale's investigations practice has developed over the past five years, and how they foresee the law and practice of investigations taking shape over the next five years. This article was first published on GIR's website.