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

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

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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October 12, 2017

The Legal 500 UK Recognizes WilmerHale Lawyers and Practices in 2017 Edition

In the 2017 edition of The Legal 500 UK, WilmerHale is named a top-tier firm for dispute resolution - international arbitration and crime, fraud and licensing - fraud: white-collar crime, and is recommended in four other practice areas. The guide also names five partners to its "Leading lawyers" list, and recognizes a total of 11 of the firm's London-based lawyers.

October 6, 2017

WilmerHale Shortlisted for Most Impressive Investigations Practice Honor by GIR

WilmerHale has been named a finalist for the Most Impressive Investigations Practice of the Year Award given by Global Investigations Review (GIR).

September 28, 2017

The National Law Journal Honors Randall Lee as a 2017 Winning Litigator

Lee was chosen by the NLJ for his victory over the Securities and Exchange Commission at trial last year.

September 26, 2017

Randall Lee Named to the Daily Journal's Top 100

The Daily Journal has honored Randall Lee as one of the top 100 Lawyers in California in 2017. Lee was named to the annual list for his accomplishments during the last 12 months, including a trial win against the Securities and Exchange Commission and a declination in a Foreign Corrupt Practices Act investigation.

September 22, 2017

Why Kokesh Really Matters

In this article published by Law360, Matthew Martens, Jaclyn Moyer and James Lux discuss the inevitable implication of the Supreme Court's reasoning in Kokesh v. SEC.

September 22, 2017

David Cohen Explains How US North Korea Sanctions Pressure Chinese Banks on PBS NewsHour

Following the Trump Administration's announcement of increased economic sanctions on North Korea on September 21, Partner David Cohen explained on PBS NewsHour that the move placed particular pressure on Chinese financial institutions.

September 21, 2017

Partner Brent Gurney Inducted Into American College of Trial Lawyers

WilmerHale Partner Brent Gurney was selected as a fellow of the American College of Trial Lawyers, one of North America's top legal groups.

August 24, 2017

Heather Tewksbury Honored Among Diversity Journal's Women Worth Watching

The Diversity Journal has recognized Partner Heather Tewksbury on its annual list of Women Worth Watching, which honors executive trailblazers for their passion, potential, and positive influence both inside and outside the workplace.

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.