Edmund W. Searby

Partner

Cleveland
T 216.861.7689  |  F 216.696.0740
Chicago
T 312.416.6243  |  F 312.416.6201

He "combines a remarkable intellect with a very, very impressive court presence," a client notes.

— Chambers USA 2015

A former federal prosecutor with the Department of Justice, Edmund “Ned” Searby is a highly experienced trial attorney and appellate advocate. He represents businesses and individuals in a range of federal criminal investigations and prosecutions, including healthcare, fraud, foreign and domestic bribery, antitrust, pharmaceutical diversion, and money laundering, as well as in SEC enforcement actions. Ned also represents clients in complex civil litigation, which often involves underlying criminal allegations such as antitrust, RICO, and securities fraud. To these matters, he brings a depth of understanding of the interplay between the criminal process and “parallel” civil litigation. Over a 25 year career, Ned has won a series of challenging and notable cases. He has also been retained to conduct investigations on behalf of the Office of the Independent Counsel, public corporations, and government entities. 

Ned is a regular speaker regarding criminal law and procedure at law schools and bar association conferences. He is ranked by Chambers and Partners as a leading White Collar Criminal Defense Attorney.

Select Experience

  • Co-trial counsel for plaintiffs in antitrust jury trial resulting in $33 million verdict after trebling. Examined 11 witnesses and delivered closing argument. 
  • Lead trial counsel for defendant multinational corporation in four-week breach of contract trial in New York. Delivered opening and closing arguments and examined nine witnesses, including two-day cross examination of president of plaintiff corporation. Jury returned verdict of no liability for client. 
  • Represented major health care provider in federal and state investigations. Achieved formal declination of federal criminal charges.
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Experience

  • Co-trial counsel for plaintiffs in antitrust jury trial resulting in $33 million verdict after trebling. Examined 11 witnesses and delivered closing argument. 
  • Lead trial counsel for defendant multinational corporation in four-week breach of contract trial in New York. Delivered opening and closing arguments and examined nine witnesses, including two-day cross examination of president of plaintiff corporation. Jury returned verdict of no liability for client. 
  • Represented major health care provider in federal and state investigations. Achieved formal declination of federal criminal charges.
  • Co-lead counsel for shareholders in securities fraud claim against biotechnology company. Deposed former Chief Executive Officer, former Chief Scientist, former Director of Regulatory Affairs, and other employees before settling case for $75 million. 
  • Lead counsel for two publicly traded corporations in ongoing multidistrict antitrust litigation against alleged global cartels involving rubber chemicals, polychloroprene rubber, EPDM rubber, and nitrile rubber. Deposed key fact and expert witnesses and served on trial team.
  • Defended elected county prosecutor and county coroner in nationally publicized civil rights case brought by former death row inmate. Won dismissal of federal action which was affirmed in published opinion on appeal. In recognition for his work, Cuyahoga County awarded him "The Stare Decisis Award for Outstanding Litigation".
  • Defended drug store chain in DEA diversion investigation. No charges were filed.
  • Defended former bank executive in insider trading jury trial. Delivered opening and closing statements. Jury returned defense verdict on 10b5 insider trading count but found liability for Section 14 tender offer violation.
  • Represented executive of publicly traded corporation in federal healthcare investigation and SEC investigation. No charges or actions filed against client. 
  • Defended controller for corporation in one of the largest mortgage fraud investigations in U.S. History. No charges brought against client. 
  • Represented biotechnology company at trial in successful defense of declaratory judgment action, and in SEC investigation and class action securities fraud suit. 
  • Represented United States as co-trial counsel in four-week mail fraud trial. Examined ten witnesses, including one of defendant's expert witnesses, the former Commander of the Army’s Delta Force. Jury returned verdict of guilty on ten counts of mail fraud and other charges. 
  • Represented United States as co-counsel in trial against leader of an international drug trafficking organization that conspired to murder a DEA agent and a federal prosecutor. Jury returned a verdict of guilty on multiple counts. 
  • Lead counsel for two charitable foundations in defeating attempt by creditors' committee to consolidate $12 million in charitable assets into bankruptcy. 
  • Represented Grammy Award winning musician against indictment for a felony weapons violation and assault and battery. After filing a constitutional challenge to the indictment, case resolved with a misdemeanor plea and imposition of a $250 fine. 
  • Represented the former youngest inmate on Ohio’s death row. Reopened discovery and won grant of habeas corpus petition in federal court. Successfully argued case in Sixth Circuit Court of Appeals. 
  • Defended manager for major automobile manufacturer on charges of alleged assault and battery on union worker. Charges dismissed prior to trial.

Recognitions

  • Chambers USA: Litigation: White Collar Crime & Government Investigations in Ohio (2015)
  • The Best Lawyers in America© (2016)
    • Cleveland: Litigation - Antitrust
  • Cuyahoga County Prosecutor's Office: Stare Decisis Award for Outstanding Litigation (2014)
  • Selected to participate in World Bank-sponsored project to teach competition authority in African country (2008)
  • Official Letter of Commendation from Attorney General of the United States, Janet Reno (1995)
  • Official Letter of Commendation from the Director of the Federal Bureau of Investigation, Louis J. Freeh (1995)

Memberships

  • American Bar Association, White Collar Criminal Section 
  • American Bar Association: Section of Antitrust Law 
  • Ohio State Bar Association: Antitrust Section Counsel 
  • Cleveland Metropolitan Bar Association: Judicial Qualifications Committee (past member) 
  • Magistrate Judge Merit Selection Committee: Northern District of Ohio (past member)

Community

  • Achievement Centers for Children: Board of Directors (2011 to present) 
  • Lakeview Cemetery Association: Executive Committee and Board Member (2010 to present) 
  • United Cerebral Palsy: Board of Directors (2000 to 2007)
  • Case Western Reserve University Law School, L.L.M. Advisory Board  (past member)

Services

Industries

Prior Positions

  • Office of the Independent Counsel, Washington, D.C.: Special Prosecutor (2000 to 2001) 
  • Department of Justice: Federal Prosecutor (1991 to 1996)

Admissions

  • U.S. Supreme Court, 2007
  • U.S. Court of Appeals, Sixth Circuit, 2000
  • U.S. District Court, Eastern District of Michigan, 2014
  • U.S. District Court, Southern District of Ohio, 2014
  • U.S. District Court, Southern District of Illinois, 2008
  • U.S. District Court, Northern District of Illinois, 1990
  • U.S. District Court, Northern District of Ohio, 1996
  • Ohio, 1997
  • Illinois, 1990

Education

  • J.D., University of Michigan Law School, 1990
  • A.B., Dartmouth College, 1986, cum laude