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Internal Investigations 2011: Investigations in the Aftermath of Dodd-Frank


Speaker(s): Christopher Garcia, David M.. Brodsky, Elaine H. Mandelbaum, Gary Stein, George S. Canellos, James E. Johnson, James M. Garland, John F. Savarese, Katherine M. Choo, Martine M. Beamon, Mei Lin Kwan-Gett, Michael Delikat, Nancy Kestenbaum, Peter H. Bresnan, Richard J. Morvillo, Steven R. Peikin, Theodore V. Wells Jr., Thomas A. Hanusik
Recorded on: Jun. 28, 2011
PLI Program #: 29545

Christopher L. Garcia is Co-Head of Weil’s global White Collar Defense, Regulatory and Investigations practice, where he focuses on defending companies and individuals in connection with regulatory and criminal investigations, conducting internal investigations, and litigating securities class actions in state and federal courts across the U.S. He also counsels boards of directors, executives, broker-dealers, and investment advisers on securities and corporate governance issues, and regulatory compliance, among other things. Mr. Garcia is also a member of the Firm’s Cybersecurity, Data Privacy & Information Management group.

Prior to joining Weil, Mr. Garcia was Chief of the Securities and Commodities Fraud Task Force in the US Attorney’s Office for the Southern District of New York. In this role, he led a unit of more than 35 prosecutors, law enforcement agents, and staff in all aspects of securities fraud investigations, trials, appeals, and other litigations. During his tenure, he supervised the investigation and prosecution of more than 300 cases, including matters arising out of the 2008 financial crisis and in areas of corporate fraud, consumer fraud, insider trading, fraudulent investment schemes, and the Foreign Corrupt Practices Act (FCPA). 

Mr. Garcia has obtained a number of awards from legal and business publications. The National Law Journal named him a White Collar, Regulatory & Compliance “Trailblazer” in 2018. He is also recognized as a “recommended” lawyer nationwide in the White Collar area by Legal 500, and is ranked as a Leading Lawyer for White Collar Crime & Government Investigations in New York by Chambers USA.

Mr. Garcia is a fixture in the academic and legal community. He is a regular speaker and writer on securities litigation, enforcement, and white collar topics, including cybersecurity, social media communications and related SEC disclosure issues, the FCPA and anti-corruption enforcement, and insider trading. He also has been featured in BloombergForbes, and Reuters, among other publications.

Mr. Garcia received his law degree from Harvard Law School, where he served as Senior Editor of the Journal of Law and Public Policy and as President of the Board of Student Advisers. He also received his A.B., magna cum laude, from Harvard College.

 


George S. Canellos is a partner in the law firm of Milbank LLP and heads its litigation department.  In 2014, Mr. Canellos rejoined Milbank, where he had been a litigation partner from 2003 to 2009.  Until January 2014, Mr. Canellos served as Co-Director of the Securities and Exchange Commission’s Division of Enforcement.  He earlier served as the Division’s Acting Director and Deputy Director.  In these positions, Mr. Canellos was responsible for supervising the SEC’s nationwide enforcement efforts.  From July 2009 until May 2012, Mr. Canellos was Director of the SEC's New York Regional Office, which has responsibility for oversight of many of the leading broker-dealers, investment advisers, and other SEC-registered financial institutions. Mr. Canellos began his career as an associate at Wachtell, Lipton, Rosen & Katz. In 1994, he became an Assistant United States Attorney in the Southern District of New York.  During almost nine years at the U.S. Attorney's Office, Mr. Canellos held a number of positions, including Chief of the Major Crimes Unit, Senior Trial Counsel of the Securities and Commodities Fraud Unit, and Deputy Chief Appellate Attorney. Mr. Canellos is a graduate of Harvard College and Columbia University School of Law.


James Johnson is a litigation partner who focuses his practice on white collar criminal defense, internal investigations, corporate compliance and corporate crisis management in connection with internal investigations. Mr. Johnson is recognized as a leading lawyer in white collar criminal defense and is commended in The Legal 500 US (2007) for his ‘calm and methodical demeanor’ as well as his ‘clear sense of high ethics and morals’.

Most recently, Mr. Johnson was lead enforcement counsel for the team representing Toyota Motor Corporation and Toyota Motor Sales USA in connection with investigations into reports that drivers of certain models were experiencing unintended acceleration. The team resolved investigations being conducted by the U.S. Attorney’s Office for the Southern District of New York and the attorneys general for 29 states and American Samoa.

Mr. Johnson has the distinction of having held several senior positions in the United States Department of the Treasury, including Under Secretary of the Treasury for Enforcement (1998-2000) and Assistant Secretary of the Treasury for Enforcement (1996-1998). He oversaw the operations of the Bureau of Alcohol, Tobacco & Firearms, the Secret Service, the United States Customs Service, the Federal Law Enforcement Training Center, the Financial Crimes Enforcement Network and the Office of Foreign Assets Control. In total, Mr. Johnson oversaw approximately 29,000 employees and shared oversight of an operating budget exceeding $4.2 billion. Mr. Johnson also served as an Assistant U.S. Attorney for the Southern District of New York (1990-1996), where he rose to Deputy Chief of the Criminal Division (1993-1996). During his tenure in the Southern District, he assisted in the management of the Criminal Division while prosecuting a wide variety of criminal cases, and was detailed to the United States Department of the Treasury to serve on the White House Security Review.

Since returning to private practice, Mr. Johnson has represented individuals, audit committees and corporations in connection with a wide variety of regulatory, enforcement and Congressional matters, and has taken on several high profile public projects. He now serves as Monitor in U.S. ex rel. Anti-Discrimination Center of NY v. Westchester County. He also led Governor Corzine’s Advisory Committee on Police Standards.

Mr. Johnson has received numerous awards for his service and accomplishments in both private practice and public service. He is the recipient of the Alexander Hamilton Award (the Department of Treasury’s highest award, given to officials for excellence in service) and the Attorney General’s Certificate for Excellence in Prosecution. Mr. Johnson was recently elected as a member of the Harvard College Board of Overseers. He is former Chair of the Board of the Brennan Center for Justice and is also a trustee of the Montclair Art Museum.


John F. Savarese has been a partner in the litigation department of Wachtell, Lipton, Rosen & Katz for over 25 years.

Mr Savarese worked in the United States Attorneys' Office for the Southern District of New York, where he received the Attorney General's John Marshall Award for Outstanding Legal Achievement, and also served as Chief Appellate Attorney. 

Mr Savarese teaches a course on white-collar criminal law at Harvard Law School, serves on the executive committee of the New York City Bar Association, and is a member of the American Law Institute.  Mr Savarese is chairman of the Vera Institute of Justice in New York, a member of the Dean's Advisory Board at Harvard Law School, and a member of the board of the Lawyers' Committee for Civil Rights Under Law.

Mr Savarese graduated from Harvard University in 1977 and received his JD from Harvard Law School in 1981, where he was an editor of the Harvard Law Review.


Katy Choo is Vice President & Chief Counsel, Global Investigations 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 also 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).


Mei Lin Kwan-Gett is Citigroup’s Deputy General Counsel and Head of Global Litigation and Regulatory Investigations, where she supervises a worldwide litigation and investigations team.  Prior to joining Citigroup, Ms. Kwan-Gett was a partner at the law firm of Willkie Farr & Gallagher, LLP, where she was co-head of the firm’s white collar defense practice group and specialized in regulatory and enforcement matters, internal investigations, and complex commercial litigation.  Prior to joining Willkie Farr, Ms. Kwan-Gett worked at the U.S. Attorney’s Office for the Southern District of New York as Deputy Chief of the Criminal Division.  She also served as Special Investigative Counsel for the Office of the Inspector General for the U.S. Department of Justice.  She began her career as a Law Clerk in the U.S. Court of Appeals for the Second Circuit.

Ms. Kwan-Gett is a former Chair of the Board of Directors of the City Bar Fund and was a Vice President of the Association of the Bar of the City of New York, and she is a member of the Practising Law Institute’s Board of Trustees.

Mei Lin earned her AB from Harvard College and her JD from Yale Law School.


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. She is recognized by Chambers USA as a Band 1 lawyer for her work in the white collar and investigations space, with clients describing her as a “phenomenal lawyer” who is “very smart” and “incredibly strong” and who won praise for her handling of a number of “sophisticated cases.”

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. She 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.


Nancy Kestenbaum is a partner in Covington’s New York office and is Co-Chair of Covington's White Collar Defense and Investigations Practice Group.  Earlier in her career, Nancy served for nearly ten years as an Assistant United States Attorney in the United States Attorney's Office for the Southern District of New York.  Over the past fifteen years while at Covington, Nancy has represented many companies, individuals and boards in a wide variety of criminal and civil enforcement investigations and internal investigations, including clients in the financial services, life sciences, energy, defense, consumer products and technology industries.  

In the past several years, Nancy has been at the forefront of investigations of sexual misconduct and abuse.  For example, Nancy represents the United States Olympic Committee and has led numerous investigations into these issues including for the Board of Directors of CBS; schools around the country such as Choate Rosemary Hall and schools in New York and California; and non-profits such as the Madison Square Boys & Girls Club. 

 

 


Peter H. Bresnan is a Litigation Partner at Simpson Thacher & Bartlett LLP and member of the Firm’s Government and Internal Investigations practice. Peter’s practice includes a broad range of business regulatory and corporate governance matters, including representing corporations, financial institutions and individuals in SEC and other regulatory enforcement proceedings. In addition, Peter conducts internal investigations on behalf of management and boards of directors. He regularly counsels clients on SEC reporting, disclosure, compliance and corporate governance requirements.

Peter joined the Firm following a 12-year tenure at the Securities and Exchange Commission, most recently as Deputy Director, Division of Enforcement, where he was responsible for supervising all enforcement matters in the SEC’s Washington, D.C. office. Peter led a number of major enforcement actions, including as the SEC’s lead trial counsel in the WorldCom case. Peter was also responsible for the Commission’s actions against Fannie Mae and Freddie Mac. Peter led significant investigations involving a broad variety of subjects, including alleged violations of the Foreign Corrupt Practices Act, issuer accounting fraud and other disclosure violations, stock options backdating, mutual fund market timing and late trading, market manipulation, broker-dealer misconduct and insider trading.

During his career at the SEC, Peter had numerous roles, including as Acting District Administrator for the SEC's Boston office, where his responsibilities included oversight of the office’s enforcement program as well as its examinations of brokerage firms, investment advisors and other registered entities. Peter also served as the SEC’s Deputy Chief Litigation Counsel, sharing responsibility for managing the Commission’s nationwide litigation program.

Peter was recognized at the Securities Enforcement Forum 2013 where he was named to the Forum’s inaugural “Enforcement 40,” a list of the 40 best and brightest securities enforcement defense attorneys in the industry, recognizing lawyers who have experience in bet-the-company and SEC Division of Enforcement matters. He is the 2004 recipient of the SEC’s Stanley Sporkin Award, which recognizes those who have made “exceptionally tenacious and insightful contributions” to the enforcement of the federal securities laws. He is the 2004 recipient of the SEC’s Stanley Sporkin Award, which recognizes those who have made “exceptionally tenacious and insightful contributions” to the enforcement of the federal securities laws. He is recognized nationally by Chambers USA in Securities: Regulation: Enforcement, where sources describe him as “a very sharp, active player in the Bar.” He is recognized by The Legal 500 in both Financial Services: Litigation and White-Collar Criminal Defense, and is consistently recognized as a “Litigation Star” by Euromoney’s Benchmark Litigation. He earned his J.D. from Fordham University School of Law in 1982 and his B.A. from Kenyon College in 1977.

PRACTICE FOCUS

  • Government and Internal Investigations
  • International Regulatory and Compliance
  • Asia Litigation
  • Whistleblower and False Claims Act
  • Litigation


Tom Hanusik chairs Crowell & Moring’s Investigations Practice and is a partner in the firm’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 twice included on SecuritiesDocket's "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. He 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.


Elaine H. Mandelbaum is General Counsel of Interactive Brokers LLC and Senior Vice President of IBG LLC, an automated global electronic broker-dealer.  In her role, she is responsible for the global legal team of Interactive Brokers.  Prior to that, Elaine worked for Citigroup for 21 years, most recently as Head of Litigation and Regulatory Investigations for Citi’s Institutional Clients Group (ICG). Prior to starting at Citigroup, Ms. Mandelbaum was a litigation attorney at the New York office of Jones, Day, Reavis & Pogue, and previously at Paul, Weiss, Rifkind, Wharton & Garrison.

Elaine is the immediate past President of the SIFMA Compliance & Legal Society, and has served on the SIFMA C&L’s Executive Committee for over a decade. Elaine was previously Vice Chair of the FINRA National Adjudicatory Council, the appellate body for decisions rendered in FINRA disciplinary and membership proceedings. Elaine serves on the Board of Directors of the Legal Action Center and of the National Council of Jewish Women, and was the recipient of the 2015 “Woman Who Dared” Award from the NCJW.

Elaine is a frequent speaker at PLI, SIFMA and other industry conferences on topics relating to complex securities litigation, corporate governance, internal and regulatory investigations and issues relating to women in the securities industry. She is an honors graduate of Yale College and of Harvard Law School.


Michael Delikat, a partner in the New York office, was the previous Chair of Orrick's Global Employment Law Practice for over twenty years, which has employment law teams in the European Union, Asia as well as the United States.

He also is the founder of the firm’s Whistleblower Task Force. He previously served as the Managing Director of Orrick’s Litigation Division.

Under Mike's leadership, Orrick’s Employment Law & Litigation group was recently named Labor & Employment Department of the Year in California for the fourth consecutive year by The Recorder, the premier source for legal news, in recognition of their significant wins on behalf of leading multinational companies on today’s most complex and challenging employment law matters. The practice group has also been chosen as one of the top national employment law practices by Law 360. Chambers USA and Chambers Global has ranked him in Band 1 since it began publishing its rankings, noting he is a "giant of the employment bar, widely regard as an expert in whistleblowing matters and sex harassment claims","sought out by premier clients to handle high-stakes employment litigation and investigations," and "a very persuasive advocate who knows the law inside out and is able to get to the heart of the issue very quickly."

He represents a broad range of major corporations and other institutions including law firms 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 currently has an active practice representing a number of major corporations in the defense of Sarbanes-Oxley Act and other whistleblower claims and is the coauthor of the only extensive treatise published on whistleblowing and internal investigations,  Corporate Whistleblowing in the Sarbanes-Oxley/Dodd-Frank Era. He is regularly retained by boards of directors and audit committees to conduct high exposure internal investigations of corporate wrongdoing.

Mike is published and quoted frequently on a variety of employment law issues in major academic and business publications and is a frequent speaker at national and international programs. He is the outgoing management chair of the ABA International Employment Law Committee. He also is an Advisory Board Member of the Harvard Law School Program on Corporate Governance.  About the HLS Forum on Corporate Governance (harvard.edu)


Rich is the leader of our White Collar & Investigations practice and a nationally recognized litigator in Securities and Exchange Commission (SEC) enforcement and other white collar matters. He brings decades of experience in over 250 SEC investigations, including some very high-profile matters the SEC has handled and he regularly handles Foreign Corrupt Practices Act (FCPA) cases, securities-related white-collar criminal matters and private securities litigation.

Drawing on his experience as a former branch chief with the SEC’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, Public Company Accounting Oversight Board (PCAOB), New York Stock Exchange (NYSE), Financial Industry Regulatory Authority (FINRA), congressional, state attorney general and grand jury investigations; SEC litigation; and complex securities cases.

Rich has had a significant role in various important matters, including: several CDO and RMBS investigations of investment banks and collateral managers; SEC and criminal investigations of Enron; investigations and litigations concerning possible insider trading involving the securities of Dick’s Sporting Goods, Liberty Media, Capital One, and Prestige Brands; investigations and litigation concerning trading by NYSE specialists; investigations of alleged FCPA violations by various financial institutions; investigations and litigation concerning merger activities of Wachovia Corporation and National City Corporation; investigations concerning transactions by MGIC, Royal Dutch Shell, HSBC, Lernout & Hauspie, Aetna, Denso Corporation, AG Edwards, Merrill Lynch and Credit Suisse; investigations concerning the financial statements and/or audits of Orange County, Citi, Navistar, Autonomy, Bally’s, CarMax, SteinMart, and Allegheny Health Systems; investigations into marketing and other activities of registered investment advisors (including Smith Barney Asset Management, Family Endowment Partners, UBS Asset Management, F Squared and Harbinger) and ETF sponsors (including Pro Shares and Wisdom Tree Investments); internal investigations at a Fortune 10 retailer, Aon Corporation, E*Trade, Nash Finch Corporation and TD Ameritrade; investigations and litigation related to alleged pricing violations by NASDAQ traders; investigations of auditing firms and audit partners from KPMG, E&Y, D&T, Friedman, and PWC International; and congressional investigations concerning, among others, Goldman Sachs and Riggs National Corporation.

Rich conducts internal investigations for corporations, and advises members of numerous special committees of boards of directors as to their rights and obligations regarding the handling and evaluation of corporate transactions, internal investigations and shareholder litigation. Additionally, Rich has litigated to a successful judgment a number of SEC enforcement cases and defended numerous class actions and shareholder derivative suits in federal courts throughout the country.

A well-known figure in the industry, Rich is a frequent speaker at professional seminars and serves as the co-chair of two PLI annual programs: “Internal Investigations” and “Auditor Liability.” He has served on the adjunct faculty of Georgetown University School of Law, teaching a course in “Professional Responsibility in Corporate and Securities Practice.”


Steven Peikin leads Sullivan & Cromwell’s Securities & Commodities Investigations & Enforcement Practice.  He brings decades of experience at the most senior levels of government and in private practice to his representation of clients in a wide range of regulatory enforcement investigations, white-collar criminal matters, and internal investigations. He has particular expertise in matters involving the federal securities and commodities laws.

From 2017 to 2020, Mr. Peikin served as Co-Director of the U.S. Securities and Exchange Commission’s Division of Enforcement, where he oversaw all aspects of the SEC’s national enforcement program, supervising its more than 1400 attorneys, accountants, and staff across its 12 offices.

During his prior tenure at the Firm, Mr. Peikin led S&C’s Criminal Defense & Investigations Group, advising clients in nearly every major enforcement initiative brought over the course of more than a decade. He represented institutions and individuals in numerous high-profile matters, including those involving alleged violations of federal securities and commodities laws, the FCPA, price-fixing, and compliance with economic sanctions and anti-money laundering regimes.

Before joining S&C, Mr. Peikin served for eight years as a prosecutor in the U.S. Attorney’s Office for the Southern District of New York, including as Chief of the Securities and Commodities Fraud Task Force. 

Mr. Peikin has tried more than 20 criminal jury cases in federal court and argued numerous appeals before the U.S. Court of Appeals for the Second Circuit.

Mr. Peikin clerked for J. Edward Lumbard, United States Circuit Judge for the Second Circuit and Robert P. Patterson, Jr., United States District Judge for the Southern District of New York.  He graduated from Yale College and Harvard Law School, both magna cum laude.