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Internal Investigations 2017


Speaker(s): Amy K. Carpenter-Holmes, Arlo Devlin-Brown, Christina B. Dugger, Daniel Nathan, David B. Anders, Joan Loughnane, Katherine M. Choo, Martine M. Beamon, MaryJeanette Dee, Michael Delikat, Nancy Kestenbaum, Nicole W. Friedlander, Richard J. Morvillo, Theodore V. Wells Jr., Thomas A. Hanusik
Recorded on: Jun. 19, 2017
PLI Program #: 185516

Amy Carpenter-Holmes is a partner in the White Collar Defense practice at Paul Hastings and is based in the firm’s Washington, D.C. office. Ms. Carpenter-Holmes practices white collar defense representing significant financial institutions, Fortune 500 companies and senior executives in connection with a wide range of government investigations and related enforcement proceedings. She has conducted internal investigations on behalf of boards of directors and audit committees of major public corporations. Chambers USA recognizes her as a “white-collar attorney with notable experience in representing clients such as financial institutions in external and internal investigations” and notes that “she understands every aspect of a case, is very effective and will have the answer.”

Ms. Carpenter-Holmes represents clients in matters involving the Department of Justice, the Securities and Exchange Commission, congressional committees and other regulators in cases alleging violations of securities fraud, accounting fraud, criminal tax, Foreign Corrupt Practices Act, public corruption, criminal antitrust, and other criminal statutes.


Arlo Devlin-Brown represents individuals and companies in sensitive government investigations and enforcement actions, with particular expertise in securities fraud, anti-money laundering and corruption matters. Prior to joining the firm, Mr. Devlin Brown served in the U.S. Attorney’s Office for the Southern District of New York as one of its leading securities fraud prosecutors and most recently as Chief of its Public Corruption Unit. In his role as Chief, Mr. Devlin-Brown supervised more than 20 prosecutors, criminal investigators and other professionals responsible for investigating and prosecuting a wide range of domestic and foreign corruption offenses and cases involving fraud against the government.

Prior to being promoted to Chief, Mr. Devlin-Brown served as an Assistant U.S. Attorney in the Southern District’s Securities and Commodities Fraud Unit. He investigated and prosecuted some of the most notable financial services-related cases in recent years—among them were cases involving insider trading, Bank Secrecy Act, anti-money laundering violations, investment adviser fraud, offering fraud, and accounting fraud.

Mr. Devlin-Brown also handled a wide range of other matters during his tenure in the Southern District, including significant cybercrime, money laundering and health care fraud matters. He spearheaded the Department of Justice’s principal enforcement action involving the internet gambling industry. During his tenure in the Southern District, Mr. Devlin-Brown tried twelve cases to verdict and briefed and/or argued fifteen appeals to the Second Circuit.


Christina B. Dugger is a Managing Director and Associate General Counsel at J.P. Morgan Chase & Co., where she heads the Government Investigations and Regulatory Enforcement Group (GIRE).  Christina rejoined J.P. Morgan in June of 2014 after serving as the Chief Assistant U.S. Attorney for the Eastern District of New York for over two years.

During her tenure as a federal prosecutor she tried numerous cases, including the retrial of Lemrick Nelson for the civil rights murder of Yankel Rosenbaum during the 1991 Crown Heights riots and, more recently, the March 2014 conviction of New York State Assemblyman William Boyland Jr. on bribery, extortion and corruption charges.

After leaving the U.S. Attorney’s Office in 2008, she was a Compliance Vice President in the Global Securities Division of Goldman Sachs & Co., where she focused on Fixed Income.  She then joined J.P. Morgan and helped to manage GIRE for close to three years. Christina began her legal career an associate at the New York law firm of Rogers & Wells, and then served as a law clerk to the Honorable Judith S. Kaye, Chief Judge of the New York State Court of Appeals.


Daniel Nathan, a partner at Morvillo LLP, uses his deep enforcement and regulatory experience to represent U.S. and international financial institutions and individuals before financial regulators.  With a combined 26 years as a senior enforcement official with the SEC, CFTC and FINRA, he is a particularly effective advocate for those facing investigations and/or enforcement action by those regulators.

Mr. Nathan provides clients facing SEC and FINRA examinations and enforcement investigations with detailed guidance and counsel related to broker-dealer supervisory procedures, sales practices, research, anti-money laundering, product disclosure and supervision, and securities and broker registration.  He also represents clients in SEC investigations involving financial reporting, insider trading, the JOBS Act, Dodd-Frank Act, ETFs, and the EB-5 Visa program.  On the derivatives side, he represents energy companies and traders and other market participants in CFTC and derivatives SRO investigations.  Mr. Nathan also speaks and writes frequently on a wide range of topics concerning financial institutions and enforcement.


David B. Anders is a partner in Wachtell Lipton’s Litigation Department. His practice focuses on the representation of Fortune 500 and other companies in connection with the defense of regulatory, white-collar criminal and complex civil litigation matters. He also regularly advises clients in connection with internal investigations and corporate governance and compliance reviews.

Prior to joining the firm, Mr. Anders served as an assistant United States attorney for the Southern District of New York from September 1998 through December 2005. During his time at the United States Attorneys’ Office, he investigated and prosecuted a wide variety of securities, commodities, and other investment fraud schemes, money laundering, immigration, racketeering, and associated violent crime. He tried 13 felony cases to verdict, and briefed and argued numerous appeals before the United States Court of Appeals for the Second Circuit. He was involved in several significant prosecutions during that time, including the investigation and prosecution of the fraud at WorldCom.

Mr. Anders is a 1991 graduate of Dartmouth College with an A.B. in government and graduated from Fordham University School of Law in 1994. He served as law clerk to the Honorable Denny Chin of the United States District Court in the Southern District of New York (1995-96).

Mr. Anders is a 1991 graduate of Dartmouth College with an A.B. in government and graduate from Fordham University School of Law in 1994.  He served as law clerk to the Honorable Denny Chin of the United States District Court in the Southern District of New York (1995-96)

Mr. Anders is a frequent speaker at bar associations and professional organizations on issues relating to securities and commodities fraud and internal investigations.  He was an associate adjunct professor at Fordham University School of Law from 1997 through 2006.  In 2005, The National Law Journal selected him as one of the country’s top 40 lawyers under 40.  Mr. Anders is the President of the Board of Directors of the Fordham Law School Alumni Association and a director of several non-profit boards.  Mr. Anders has been recognized by Chambers USA: Guide to America’s Leading Lawyers in Business as a leading lawyer in litigation; by Lawdragon as one of the 500 leading lawyers in America; by Benchmark: Litigation as one of the leading litigators in New York and in the country; and by Best Lawyers and Super Lawyers as one of the Leading lawyers in the field of Criminal Defense: White-Collar Crime.  Mr. Anders served on the New York State White-Collar Task Force, which was charged with examining New York’s white-collar crime laws with the goal of recommending legislative and executive changes.

Clerkships

Honorable Denny Chin, United States District Court, Southern District of New York, 1995 – 1996


Joan Loughnane is Chief Counsel to the U.S. Attorney for the United States Attorney’s Office for the Southern District of New York.  Ms. Loughnane has been with the Office for fourteen years, and has held various supervisory positions since 2009.

Ms. Loughnane began her career with the U.S. Attorney’s Office for the Southern District of New York in 2002.  In 2009, she became the Co-Chief of the General Crimes Unit, where she served from 2009 to 2011.  From 2011 to 2014, Ms. Loughnane was a Deputy Chief of the Criminal Division, and in 2015, she served as the Acting Chief of the Complex Frauds and Cybercrime Unit.  From 2015 to early 2017, Ms. Loughnane was Chief Counsel to the U.S. Attorney.  In 2017, Ms. Loughnane served as Deputy U.S. Attorney.

Ms. Loughnane graduated cum laude from Harvard College in 1992 and with distinction from Stanford Law School in 1998.  Ms. Loughnane previously served as a law clerk to the Honorable Lewis A. Kaplan, United States District Judge for the Southern District of New York.


Katy Choo is Chief Investigative & Anti-Corruption Counsel at GE, specializing in government and internal investigations in complex criminal and regulatory matters, compliance initiatives of the Company, and preventive law.  Ms. Choo also is a member of GE’s Policy Compliance Review Board (PCRB), which oversees the Company’s strategic imperatives with respect to compliance. 

Ms. Choo has primary responsibility for counseling GE’s businesses with respect to anti-corruption efforts globally relating to the Foreign Corrupt Practices Act and other anti-bribery laws and serves as primary compliance counsel to GE’s mergers and acquisitions transactions team.   Ms. Choo has been the recipient of numerous awards at GE, including GE’s Chairman’s Award, the Company’s highest form of recognition.

Ms. Choo joined GE in 2003 after serving as an Assistant U.S. Attorney in the Southern District of New York, where she was Chief of the General Crimes Unit and a Deputy Chief in the Criminal Division.  As a federal prosecutor, she specialized in prosecutions of white-collar offenses and twice was a recipient of the U.S. Department of Justice Director’s Award for Superior Performance and a recipient of the Federal Law Enforcement Officer Association’s Group Achievement Award.  During her tenure in government, Ms. Choo tried numerous federal criminal trials to verdict and argued numerous appeals in the Second Circuit.  Prior to her work as a federal prosecutor, she worked as an associate specializing in complex civil litigation at the law firm of Davis Polk & Wardwell.

Ms. Choo is a graduate of Wellesley College (Durant Scholar, Phi Beta Kappa) and Columbia School of Law (Harlan Fiske Stone Scholar).


Mike Delikat, a partner in the New York office, is the founder of the firm’s Whistleblower Task Force.

Chambers Global 2018 Guide lists Mike as one of only nine Band 1 ranked Labor and Employment attorneys in the United States. Under Mike's leadership as the Global Practice Group Leader for over twenty years, Orrick’s Employment Law & Litigation group was named Employment 360 Practice Group of the Year on multiple occasions including for 2018 and has received multiple other awards.             

He represents a broad range of major corporations with a focus on the financial services industry in all facets of labor and employment law. Mike has an active trial, arbitration and appellate practice and handles a number of high-visibility class action and impact cases. He is a leading lawyer representing companies in whistleblower matters and frequently is called on to conduct high level and sensitive internal investigations by boards of directors. He is the co-author of PLI's Corporate Whistleblowing in the Dodd-Frank/Sarbanes Oxley Era, the leading treatise on that subject. He also has an active practice advising companies and Boards of Directors on #Metoo investigations and gender pay equity litigation and strategy responding to shareholder proposals.


Nancy Kestenbaum, a partner in Covington's New York office, is Co-Chair of Covington’s White Collar Defense and Investigations Practice Group. She represents companies, boards of directors and individuals in a variety of white collar criminal, SEC and regulatory enforcement matters and internal investigations.  Ms. Kestenbaum has extensive experience representing clients in the financial services, life sciences, energy, defense, consumer products and technology industries.  

Ms. Kestenbaum is also widely recognized as a leading expert involving claims of sexual misconduct.   For example, she is currently conducting an independent investigation for the Board of Directors of CBS Corporation and represents the United States Olympic Committee; Ms. Kestenbaum previously conducted independent investigations for Choate Rosemary Hall, the Brearley School, and other institutions.

Before joining Covington, Ms. Kestenbaum served for nine years as a federal prosecutor in the United States Attorney’s Office for the Southern District of New York, where she investigated and prosecuted numerous cases including securities fraud, tax offenses, bank fraud, money laundering, obstruction of justice, civil rights violations, bribery and perjury, and served as Chief of the General Crimes Unit and Deputy Chief of the Criminal Division, where she supervised and trained dozens of other prosecutors.

 


Richard J. Morvillo, a partner in Orrick’s New York and Washington, D.C. offices, is a nationally-recognized expert in SEC enforcement and other white collar matters. He was named by Best Lawyers in America as the “2013 Lawyer of the Year - Securities Litigation” and Chambers USA has recognized Rich as “one of the deans of the securities enforcement bar." Over the past 35 years, he has been involved in over 200 SEC investigations, including some of the highest profile cases the SEC has handled. He also has extensive experience in FCPA cases, securities related white-collar criminal matters and private securities litigation. A former branch chief with the Securities and Exchange Commission's Division of Enforcement, Rich represents corporations, corporate executives, brokerage firms, investment advisers, accounting firms, auditors, law firms, hedge funds and individual investors in connection with SEC, PCAOB, NYSE, FINRA, congressional, state attorney general and grand jury investigations; SEC litigation; and complex securities cases.


Tom Hanusik is a partner in Crowell & Moring's White Collar & Regulatory Enforcement Group, which Law360 recognized as a "White Collar Group of the Year" and an "FCPA Powerhouse." InsideCounsel identified Tom as one of the "The Best Lawyers to Call in a Worst-Case Scenario" for a white collar investigation in its "Crisis Rolodex" and he was included on SecuritiesDocket's inaugural "Enforcement 40" list of the top SEC Enforcement attorneys. Tom is Chambers ranked in white collar & government investigations and has been recognized consistently in The Best Lawyers in America for white-collar criminal defense and securities regulation.

Tom's practice focuses on DOJ white-collar defense, SEC Enforcement, FINRA Enforcement and internal investigations. Tom leads internal investigations on behalf of companies, boards of directors and board committees, and he advises corporate clients on remedial measures, compliance programs and training. His recent engagements have focused on allegations of financial fraud, insider trading, FCPA violations, AML controls, federal and state tax offenses, public corruption, U.S. export controls and sanctions regulations.


A partner and co-chair of the Litigation Department, Theodore V. Wells, Jr. has extensive litigation experience in white-collar defense, complex civil and corporate litigation, SEC regulatory work, healthcare fraud, FCPA, AML and OFAC investigations, environmental matters and class action litigation.

In 2010, The National Law Journal named Ted one of “The Decade’s Most Influential Lawyers” and over the years has repeatedly selected him as one of the 100 most influential lawyers in America, including naming Ted as the Lawyer of the Year in 2006. Ted also has been recognized as one of the outstanding jury trial lawyers in the United States by numerous publications including Chambers USA, which has noted that Ted “is considered by many to be ‘the best trial lawyer in the country.’” Since 2013, Chambers USA has named Ted a Star Performer in three categories: nationwide trial litigation, New York general commercial litigation and New York white-collar crime and government investigations, and Benchmark Litigation named him in similar categories. Ted has also been named to The National Law Journal’s 2015 “Litigation Trailblazers” list, which honors 50 individuals who have changed the practice of litigation through the use of innovative legal strategies.


Ms. Beamon, a partner in Davis Polk’s Litigation Department and a former federal prosecutor, has successfully represented individuals and institutions in their most critical situations.

Her matters have included grand jury, regulatory and independent investigations, representing companies, board of directors and individuals in connection with allegations of sexual misconduct, securities fraud, criminal tax violations, foreign corrupt practices, anti-money laundering and pharmaceutical marketing violations, among other areas. Her complex civil matters have involved allegations under the False Claims Act, consumer protection and whistleblower provisions, and other state and federal statutes.

Ms. Beamon also has participated in a number of confidential internal investigations on behalf of clients and has advised corporations and boards of directors on matters of corporate governance and compliance. In addition, the FBI requested that she train its agents on insider trading.

Ms. Beamon served as an Assistant U.S. Attorney for the U.S. Attorney’s Office, Southern District of New York, where she conducted numerous investigations and criminal trials.

Because of the nature of Ms. Beamon's assignments, many of her most successful matters have not resulted in public charges and remain confidential.

Ms. Beamon received her J.D., summa cum laude, from University of Pittsburgh School of Law and her B.A., with honors, from University of Notre Dame.


MaryJeanette Dee is a partner in the Government Contracts, Investigations and International Trade Practice Group in the firm’s New York office. She is the Team Leader of the Securities Enforcement Team and a member of the firm’s Executive Committee.  She also serves as the Firm’s Co-Managing Partner.

MaryJeanette concentrates in internal investigations and regulatory and white collar criminal defense. Ms. Dee frequently represents banks, broker-dealers, investment advisers, corporate officers, financial advisors and other securities professionals in connection with domestic and cross-border investigations and inquiries by U.S. Attorney’s Offices for the Southern and Eastern Districts of New York, the SEC, the CFTC, FINRA, the NY Attorney General’s Office, the FRB, the NY Department of Financial Services and other governmental entities and self-regulatory organizations. She has conducted numerous internal investigations into a wide variety of allegations, including insider trading, trading and position valuation issues, misuse of confidential information, embezzlement, money laundering and BSA/AML issues, sanctions compliance and retail brokerage sales practice violations.


Nicole Friedlander is a member of the Firm’s Criminal Defense and Investigations Group and serves as co-coordinator of the Firm’s Cybersecurity Group. Ms. Friedlander’s practice focuses on white-collar criminal defense, regulatory enforcement proceedings and internal investigations. She has particular expertise in fraud, anti-money laundering, tax and cybercrime matters.

Ms. Friedlander joined the Firm in 2016 following eight years of service as an Assistant U.S. Attorney in the Southern District of New York. She was Chief of the Office’s Complex Frauds and Cybercrime Unit, where she oversaw the investigation and prosecution of sophisticated financial frauds, cybercrimes, money laundering and Bank Secrecy Act offenses, FCPA violations, criminal tax offenses and health care frauds. Ms. Friedlander personally led the successful investigation of the cyber intrusion, and largest-ever theft of customer data, at a U.S. financial institution. Ms. Friedlander also oversaw numerous investigations of offshore banks for assisting U.S. taxpayers in evading income taxes; the indictment of seven Iranians for engaging in coordinated cyberattacks on 46 financial institutions and hacking into the control systems of a New York dam, on behalf of groups sponsored by the Government of Iran; and the racketeering indictment of the owner of multibillion-dollar internet payday lending companies for usurious lending practices. In recognition of the Complex Frauds and Cybercrime Unit’s consumer protection work during her tenure, the FTC awarded the group its Criminal Liaison Unit Award in 2016.

During her tenure at the U.S. Attorney’s Office, Ms. Friedlander also successfully tried numerous federal criminal cases and briefed and argued appeals before the U.S. Court of Appeals for the Second Circuit.