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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.

 


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 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).


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.


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.

 


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


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.


Steven Peikin was named Co-Director of the SEC’s Division of Enforcement in June 2017.

Before serving at the Commission, Mr. Peikin was Managing Partner of Sullivan & Cromwell LLP’s Criminal Defense and Investigations Group. His practice focused on white-collar criminal defense, regulatory enforcement, and internal investigations.

From 1996 to 2004, Mr. Peikin served as an Assistant U.S. Attorney in the Southern District of New York. He was Chief of the Office’s Securities and Commodities Fraud Task Force, where he supervised some of the nation’s highest profile prosecutions of accounting fraud, insider trading, market manipulation, and abuses in the foreign exchange market. As a prosecutor, Mr. Peikin also personally investigated and tried a wide variety of cases involving securities and commodities fraud, as well as other crimes.

Mr. Peikin received his bachelor’s degree from Yale University and a law degree from Harvard Law School, both magna cum laude. Following law school, he served as a law clerk to the Honorable J. Edward Lumbard, United States Circuit Judge, Second Circuit, and the Honorable Robert P. Patterson, Jr., United States District Judge, Southern District of New York.

Mr. Peikin is Adjunct Professor of Law at NYU Law School. He is President of the Board of Directors of the Center for Hearing and Communication, a non-profit health and human services agency that serves the deaf and hard of hearing.


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.


Elaine H. Mandelbaum was most recently General Counsel of Litigation and Regulatory Investigations of Citigroup’s Institutional Clients Group (ICG). She and her group were responsible for all litigation, arbitrations, internal investigations and regulatory inquiries and related investigations, sweeps and enforcement proceedings for Citigroup’s institutional businesses, including corporate and investment banking, sales and trading, capital markets origination, securities services, trade and treasury services and private banking.  Elaine also was a member of the Global ICG Legal Management Committee. Prior to starting at Citigroup in 1997, 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 current 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.


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.


George S. Canellos is a partner in the law firm of Milbank Tweed Hadley & McCloy 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.