White Collar, Investigations and Securities Enforcement and Litigation

Overview

“They have real strength and depth in terms of personnel, and have excellent knowledge of the SEC and DOJ, given that key members are former employees of those organizations. Very client-oriented team."

– Chambers USA 2014

BakerHostetler offers its clients one of the most experienced and complete White Collar, Investigations and Securities Enforcement and Litigation teams in the country. Comprising former prosecutors, former regulators, and leading practitioners in banking and securities litigation and regulation, our multidisciplinary team understands government perspectives and therefore can effectively counsel companies and executives seeking to avoid problems. If problems do arise, our knowledge of how the government builds a case equips us to protect our clients by managing the risks inherent in any criminal or regulatory investigation.

We also are highly successful in defending securities class actions, shareholder derivative actions, and M&A-related challenges and litigation. As these lawsuits present important risks to business operations and reputations, our team works aggressively to secure early dismissal. Should the case progress to trial, however, our seasoned trial attorneys have a solid record of success. Many of these cases progress in parallel with criminal and regulatory investigations. We proactively manage these tandem proceedings to ensure seamless disposition of all cases.

Areas of Focus:
  • Anti-Corruption: We represent companies and individuals in FCPA investigations and prosecutions, at times conducting internal investigations to identify possible violations. A key component of our representation is to evaluate whether to disclose to the government in an effort to avoid charges. However, when prosecution is inevitable, our attorneys are primed and experienced in defending against the government at trial.
  • Anti-Money Laundering/Bank Secrecy Act: Our AML advice includes compliance program design and testing. We also advise on aspects of BSA compliance, including Know Your Customer (KYC) remediations and information-sharing guidance. Many of these issues are consequent to enforcement actions, and our experienced team is adept at navigating the varied aspects of these inquiries to resolve matters favorably for our clients.
  • Criminal Antitrust: We represent individuals and companies in criminal antitrust investigations brought by the Department of Justice. Our experience includes advising clients in matters involving price fixing, customer allocations, market allocation and related frauds. The firm has been involved in some of the largest government investigations, including in the pharmaceutical, aerospace and auto parts industries.
  • Crisis and Public Relations Management: We regularly team with our nationally recognized Privacy and Data Protection Practice to provide efficient advice in a crisis. We represent clients in the most difficult situations of their lives and careers. The impact on their daily commercial and professional activities can seem insurmountable, and the shock to reputation and finances can be significant. Our approach in any defense takes these factors into account as we seek resolutions that minimize financial, reputational and legal damage.
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  • Financial Frauds: We defend companies, senior executives, officers and directors, auditors, lawyers, and other entities and individuals in investigations and trials involving a wide range of frauds. Our seasoned team has handled securities fraud, insider trading, money laundering, real estate fraud, accounting and restatement violations, bank fraud, mail and wire fraud, and books and records violations.
  • Healthcare: Our team routinely acts as counsel for healthcare providers in response to allegations of fraud, kickbacks and controlled substances diversion by governmental agencies in addition to aiding in a wide range of administrative and False Claims Act matters. We are highly skilled in the numerous areas that are subject to enforcement, including referral relationships and anti-kickback statutes, HIPAA, coding and billing issues, and medical necessity.
  • Private Securities Claims: Either as a precursor to or, at times, following a government investigation, private securities claims such as class actions and derivative suits arise out of facts similar to those that trigger regulatory action. Our attorneys frequently defend such lawsuits, and we have an excellent track record of obtaining dismissals prior to any discovery.
    In the event that private claims run simultaneously with government enforcement actions, we are well-equipped to manage the parallel proceedings. We approach the difficulties that arise from such parallel cases with strategies borne from decades of experience, so each proceeding is conducted in a manner that considers its impact on the other.
  • Securities Enforcement: We have experience in representing clients at every stage of SEC enforcement actions, including through investigation and the Wells process, trial or hearing. Our experienced lawyers have secured favorable results arising from enforcement proceedings on behalf of companies, officers, directors, financial service firms, broker dealers, investment advisers and hedge funds. We work closely with our clients to provide practical advice to guide them through what can be challenging circumstances involving complex issues.
  • State and Local Prosecutions and Investigations: State and local law enforcement agencies have adopted increasingly active stances in pursuing enforcement matters with each other and alongside the federal authorities. We provide comprehensive representation in all aspects of state and local enforcement activities. Many of our attorneys are former senior state and local prosecutors whose relationships and experiences permit us to anticipate challenges and create efficient strategies that solve our clients’ problems.
  • Subpoenas and Grand Jury Investigations: Our experience as a national white collar and securities litigation firm gives us the perspective and knowledge to conduct effective investigations, both domestic and internationally, for public and private companies. Our experience as former government officials has allowed our attorneys to foster strong relationships with key law enforcement agencies, providing an advantage when seeking to resolve criminal or regulatory inquiries.
    The government has periodically entrusted our firm with investigating and presenting facts to them, either in a monitorship or a standard investigation. We have a high-integrity reputation with the government and are therefore a reasonable option for companies and individuals seeking experience and honesty when facing a government inquiry.

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
Associate New York
Associate Atlanta
Partner Cleveland
Associate 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
Partner Cleveland
Counsel Washington, D.C.
Partner New York
Partner New York
Partner Washington, D.C.
Associate New York
Partner Cleveland
Partner New York
Partner Washington, D.C.
Associate New York
Partner Seattle
Partner Cincinnati
Partner New York
Associate Houston
Associate New York
Associate Chicago
Partner New York
Partner San Francisco
Partner Cleveland
Of Counsel New York
Partner New York
Counsel Columbus
Of Counsel Columbus
Associate New York
Partner New York
Partner Washington, D.C.
Partner New York
Partner San Francisco
Associate New York
Partner New York
Partner Washington, D.C.
Associate New York
Partner New York
Partner New York
Associate Washington, D.C.
Partner Cleveland
Partner New York
Associate Washington, D.C.
Partner Cleveland
Associate New York
Partner Houston
Associate New York
Associate Denver
Partner New York
Partner New York
Associate New York
Associate New York
Of Counsel Washington, D.C.
Counsel Washington, D.C.
Partner New York
Associate Houston
Associate New York
Counsel Columbus
Associate Seattle
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.

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In The Blogs

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Blockchain Monitor
DOJ and IRS May Soon Begin Enforcement Actions Against Virtual Currency Tax Fraudsters
By John J. Carney, Nicholas C. Mowbray, Robert A. Musiala Jr., Jeffrey H. Paravano, Andrew M. Serrao
October 22, 2020
In the past several years, the use and prevalence of virtual currency have increased exponentially. The proliferation of digital assets has changed the way goods and services are exchanged and has allowed for faster and cheaper...
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Blockchain Monitor
New York Appellate Court Confirms Attorney General's Broad Investigative Powers into the Cryptocurrency Industry
By Jonathan A. Forman, Teresa Goody Guillén, Robert A. Musiala Jr.
July 15, 2020
On July 9, the Appellate Division of the Supreme Court of New York, First Department (First Department) issued a significant decision in James v. iFinex that confirmed the broad authority of the New York State Attorney General (NYAG) to...
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Antitrust Advocate
CLE Webinar Series: Antitrust and White-Collar Investigations – What You Should Know
September 18, 2019
We invite you to join us for one, two or all three of our upcoming high-level webinars offering vital insights into antitrust issues and white-collar investigations. These CLE webinars will be led by our knowledgeable and experienced...
Read More ->