White Collar, Investigations and Securities Enforcement and Litigation

Overview

“BakerHostetler is a large national firm that is well known for its litigation capabilities. It is noted for its strong white-collar criminal defense expertise, including the representation of clients in investigations brought by various governmental agencies.”

– Chambers USA 2022

BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team is among the nation’s leaders in all aspects of corporate criminal defense and enforcement-related litigation. Our team includes some of the country’s most experienced and seasoned lawyers who are dedicated to protecting businesses and individuals by preventing violations before they occur. We see beyond the horizon to help clients minimize the legal, economic and reputational risks that corporate investigations and enforcement actions pose by working to quickly identify, contain and correct potential misconduct.

Our more than two dozen team members have served as legal advisors to Fortune 50 companies and major hedge funds, as well as former advocates for the government. This deep bench of talent allows us to better advise our clients on corporate criminal laws and legal regulatory standards.

Our clients are our top priority. We:
  • Proactively address concerns raised by prosecutors and regulators and routinely succeed in persuading the government not to proceed with costly and reputationally damaging criminal charges.
  • Assist clients with all aspects of internal investigations, including government inquiries and negotiations with the government.
  • Regularly represent clients in grand jury investigations and defend businesses and individuals in white collar criminal investigations and prosecutions around the globe, in parallel civil enforcement proceedings and in related third-party proceedings.
  • Defend and counsel clients in high-stakes litigation involving Foreign Corrupt Practices Act investigations, corporate governance issues, whistleblowing procedures, securities fraud, money laundering/asset forfeiture, criminal antitrust enforcement, public corruption, insider trading, hedge fund fraud and healthcare fraud.
  • Structure compliance programs and guide our clients safely through extremely sensitive matters.
  • Defend corporations, their officers, directors and employees charged with violations by the U.S. Attorney’s Office, Department of Justice, SEC and/or FINRA.
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Our clients benefit from our:
  • Industry and regulatory expertise. We regularly work with colleagues in the firm’s regulatory, compliance, corporate and government affairs practices to assist clients on various matters. With leading regulatory practices in securities, antitrust and privacy/data security, we are uniquely positioned to offer our clients the best expertise in the industry.
  • Results-driven focus. Every strategy we devise and tactic we employ is guided by our clients’ objectives.
  • Decades of experience. We have long-standing relationships with regulators and enforcement authorities with whom our clients interact.
  • Discretion. We have a very successful track record in resolving many matters quietly, without any litigation at all, let alone criminal referrals or prosecutions.
  • Insider perspective. Partner Steven Dettelbach recently served seven years as the presidentially appointed U.S. Attorney for the Northern District of Ohio. In that capacity, he was selected by both Attorneys General Eric H. Holder, Jr. and Loretta E. Lynch to serve on the Attorney General’s Advisory Committee and he was a member of the committee in September 2015 when the Yates Memo was considered and adopted.

Select Experience

  • BakerHostetler is counsel to Irving H. Picard, Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS), a global recovery effort for Madoff’s Ponzi scheme. More than $11.129 billion has been recovered and, combined with advances from the Securities Investor Protection Corporation (SIPC), more than $9.430 billion has been returned to victims.
  • Selected by the SEC and appointed by the U.S. District Court in Connecticut to serve as receiver of a half-billion-dollar hedge fund, Michael Kenwood Capital Management, LLC.
  • Secured complete dismissal of all charges against the CEO of a half-billion-dollar nationwide commercial real estate conglomerate charged in a 73-count fraud and money laundering indictment.
  • Successfully performed a comprehensive investigation for the audit committee and executive management of a global payment operator regarding compliance with OFAC trade sanctions in Iran, Syria, Libya and Cuba. Analyzed anti-money laundering and trade sanctions policies and procedures and conducted a forensic examination of books and records.
  • Obtained a favorable resolution for a former CFO of a Fortune 100 manufacturing company in an investigation by the SEC and DOJ into alleged FCPA violations by the company during the course of the CFO’s tenure.
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Professionals

Name Title Office Email
Partner San Francisco
Counsel New York
Partner Los Angeles
Partner Washington, D.C.
Associate New York
Partner Atlanta
Partner Cleveland
Associate Cleveland
Partner New York
Partner New York
Partner New York
Partner New York
Partner New York
Counsel New York
Associate San Francisco
Partner Dallas
Partner New York
Associate Cleveland
Associate Washington, D.C.
Counsel Washington, D.C.
Counsel Atlanta
Associate New York
Partner New York
Partner New York
Partner Washington, D.C.
Associate New York
Associate New York
Partner Cleveland
Partner New York
Partner Washington, D.C.
Associate New York
Partner New York
Partner Cincinnati
Partner Houston
Partner New York
Counsel Cleveland
Associate Chicago
Partner New York
Partner San Francisco
Counsel New York
Associate Atlanta
Partner New York
Partner Columbus
Associate New York
Associate Atlanta
Partner Philadelphia
Partner Atlanta
Partner Washington, D.C.
Partner Costa Mesa
Partner San Francisco
Partner New York
Partner Washington, D.C.
Counsel New York
Partner New York
Partner New York
Partner Washington, D.C.
Partner Atlanta
Partner Cleveland
Partner New York
Associate Los Angeles
Partner Cleveland
Partner New York
Partner Houston
Associate New York
Partner Cleveland
Associate Dallas
Partner New York
Associate Cleveland
Partner New York
Associate New York
Associate New York
Associate New York
Partner Cleveland
Associate Houston
Of Counsel Washington, D.C.
Partner New York
Partner San Francisco
Associate New York
Counsel Columbus
Partner Seattle
Associate Atlanta
Partner New York

Experience

  • BakerHostetler is counsel to Irving H. Picard, Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS), a global recovery effort for Madoff’s Ponzi scheme. More than $11.129 billion has been recovered and, combined with advances from the Securities Investor Protection Corporation (SIPC), more than $9.430 billion has been returned to victims.
  • Selected by the SEC and appointed by the U.S. District Court in Connecticut to serve as receiver of a half-billion-dollar hedge fund, Michael Kenwood Capital Management, LLC.
  • Secured complete dismissal of all charges against the CEO of a half-billion-dollar nationwide commercial real estate conglomerate charged in a 73-count fraud and money laundering indictment.
  • Successfully performed a comprehensive investigation for the audit committee and executive management of a global payment operator regarding compliance with OFAC trade sanctions in Iran, Syria, Libya and Cuba. Analyzed anti-money laundering and trade sanctions policies and procedures and conducted a forensic examination of books and records.
  • Obtained a favorable resolution for a former CFO of a Fortune 100 manufacturing company in an investigation by the SEC and DOJ into alleged FCPA violations by the company during the course of the CFO’s tenure.
  • Represented a former London-based JP Morgan managing director whose cooperation was sought in investigations related to a multibillion-dollar trading loss for the bank. Secured a rare non-prosecution agreement with the Justice Department and agreements with the SEC and CFTC, including one of the first non-prosecution agreements executed by the CFTC for an individual.
  • Representing a former department head of an engineering unit at an automobile manufacturer in a criminal investigation being conducted by the DOJ and the EPA. The investigation is looking into alleged fraud regarding the company’s compliance with domestic emission standards in its vehicles sold in the United States.
  • Obtained declination of charges on behalf of the president of an independent diagnostic testing facility in connection with a $40 million healthcare fraud conspiracy and anti-kickback statute investigation conducted by the DOJ and U.S. Department of Health and Human Services, Office of Inspector General.
  • Advised a major American energy company regarding the FCPA risks and requirements associated with doing business with the Nigerian National Petroleum Corporation.
  • Currently representing international real estate companies and their owners in a quarter-billion-dollar forfeiture action brought by the DOJ.
  • Represented the former CFO of a Fortune 50 company in a multiyear DOJ/SEC investigation into FCPA and accounting fraud allegations. No charges were filed with respect to the FCPA allegations, and we secured a non-fraud resolution of all accounting issues in a federal judicial mediation of the case.
  • Represented investment adviser and CEO of a private equity firm in connection with an SEC investigative subpoena concerning fraudulently charging investors fees without proper disclosure.
  • Retained by the government of the United Kingdom, National Crime Agency (the “British FBI”) as an expert witness on U.S. law pertaining to securities fraud, wire fraud and money laundering offenses.

Recognition

  • Chambers USA: Litigation: White-Collar Crime & Government Investigations in New York (2013 to 2018)
  • Ranked in Global Investigations Review’s GIR 100, a ranking of 100 firms from around the world able to handle sophisticated cross-border government-led and internal investigations (2017 to 2020)
  • Two individuals recognized in the Securities Docket: "Enforcement 40" (2013, 2017 and 2020)
  • Law360 White Collar “Practice Group of the Year” (2014)
  • The Legal 500 United States: Dispute Resolution: Corporate investigations and white-collar criminal defense (2016 to 2018)
  • U.S. News - Best Lawyers "Best Law Firms" Criminal Defense - White Collar (2019)
    • National, Tier 1
    • Metro Cleveland, Tier 1
    • Metro New York, Tier 1
    • Metro Washington, D.C., Tier 3
  • The Best Lawyers in America© (2019)
    • 7 lawyers named in Criminal Defense: White-Collar
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.

Publications

Alerts

Articles

Blog

In The Blogs

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Blockchain Monitor
SEC and DOJ Bring Parallel Crypto Insider Trading Cases; SEC Alleges Nine Coinbase-Listed Tokens Are Securities
By John J. Carney, Kevin R. Edgar, Jonathan A. Forman, Adam D. Gale, Teresa Goody Guillén, Robert A. Musiala Jr., Veronica Reynolds, Michelle N. Tanney
July 25, 2022
Significant parallel actions commenced this week by the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) bring crypto fraud enforcement into the spotlight, with the SEC alleging that multiple tokens listed on...
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Blockchain Monitor
DOJ Calls on International Partners to Improve Investigative Efficiency in Response to President Biden's Executive Order on Risks Involving Digital Assets
By Teresa Goody Guillén, Christina O. Gotsis, Robert A. Musiala Jr., Carlos F. Ortiz, Veronica Reynolds
June 30, 2022
In June 2022, the Department of Justice (DOJ) issued a report (Report) recommending increased cooperation among international law enforcement agencies to combat threats and crime related to the use and proliferation of digital assets and...
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Employment Law Spotlight
Massachusetts Supreme Judicial Court Abrogates Employers' Sole Defense to Automatic Treble Damages Liability for Late Final Wage Payments
By Amy E. Beverlin, Matthew C. Kane, Daniel F. Lula
April 6, 2022
On April 4, the Massachusetts Supreme Judicial Court handed employees there yet another victory in Reuter v. City of Methuen, holding that they are automatically entitled to triple damages for any late payment of final wages even where the...
Read More ->