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Internal Investigations 2018


Speaker(s): Anne Murray, Arlo Devlin-Brown, Elaine H. Mandelbaum, F. Joseph Warin, Holly H. Weiss, James J. Benjamin, Jr., Joan M. Loughnane, John F. Savarese, Joseph G. Petrosinelli, Marc P. Berger, Martine M. Beamon, Nancy Kestenbaum, Richard Tarlowe, Richard J. Morvillo, Steven L. D'Alessandro, Steven R. Peikin, Thomas A. Hanusik
Recorded on: Jun. 22, 2018
PLI Program #: 221056

Anne is a member of Orrick’s white collar, investigations, and compliance practice group. Anne counsels clients on ethics, fraud, and corruption issues.  She regularly conducts internal investigations and defends companies and individuals in government investigations before the U.S. Department of Justice (DOJ), U.S. Securities and Exchange Commission (SEC), and other government agencies. She also conducts internal investigations and risk assessments; performs pre-acquisition anti-corruption diligence; counsels companies and individuals about compliance issues; and develops corporate compliance programs, policies, procedures and training models.

Anne has extensive experience in matters involving corruption and fraud, with a particular focus on the Foreign Corrupt Practices Act (FCPA). She has represented multinational corporations across the aerospace, communications, defense, financial services, health care, hospitality and tourism, mining, oil and gas, technology, security, and shipping industries. She also has led investigations and compliance reviews throughout the Americas, Europe, Asia, Africa and Australia, with on-the-ground experience in more than 16 countries including Brazil, China and Mexico.

Anne sits on the Firm’s Management Committee.


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.


F. Joseph Warin is chair of the 200-person Litigation Department of Gibson Dunn’s Washington, D.C. office, and he is co-chair of the firm’s global White Collar Defense and Investigations Practice Group. Mr. Warin’s practice includes representation of corporations in complex civil litigation, white collar crime, and regulatory and securities enforcement – including Foreign Corrupt Practices Act investigations, False Claims Act cases, special committee representations, compliance counseling and class action civil litigation.

Mr. Warin is continually recognized annually in the top-tier by Chambers USAChambers Global, and Chambers Latin America for his FCPA, fraud and corporate investigations expertise.

Mr. Warin’s group was recognized by Global Investigations Review in 2020 as the leading global investigations law firm in the world.  This is the fifth time in six years to be so named. Global Investigations Review reported that Mr. Warin has now advised on more FCPA resolutions than any other lawyer since 2008. In 2016 Who’s Who Legal and Global Investigations Review named Mr. Warin to their list of World’s Ten-Most Highly Regarded Investigations Lawyers based on a survey of clients and peers, noting that he was one of the “most highly nominated practitioners,” and a “’favourite’ of audit and special committees of public companies.” Best Lawyers® named Mr. Warin the Lawyer of the Year in 2020 and in 2016 for White Collar Criminal Defense in the District of Columbia, and he was named among the Lawdragon 500 Leading Lawyers in America in 2020.

Mr. Warin has handled cases and investigations in more than 40 states and dozens of countries. His clients include corporations, officers, directors and professionals in regulatory, investigative and trials involving federal regulatory inquiries, criminal investigations and cross-border inquiries by dozens of international enforcers, including UK’s SFO and FCA, and government regulators in Germany, Switzerland, Hong Kong, and the Middle East. His credibility at DOJ and the SEC is unsurpassed among private practitioners – a reputation based in large part on his experience as the only person ever to serve as a compliance monitor or counsel to the compliance monitor in three separate FCPA monitorships, pursuant to settlements with the SEC and DOJ: Statoil ASA (2007-2009); Siemens AG (2009-2012); and Alliance One International (2011-2013). He has been hired by audit committees or special committees of public companies to conduct investigations into allegations of wrongdoing in a wide variety of industries including energy, oil services, financial services, healthcare and telecommunications.

Mr. Warin’s civil practice includes representation of clients in complex litigation in federal courts and international arbitrations. He has tried 10b-5 securities and RICO claim lawsuits, hostile takeovers and commercial disputes. He has handled more than 40 class action cases across the United States for investment banking firms, global corporations, Big 4 accounting firms, broker-dealers and hedge funds.


Holly Weiss is a partner with Schulte Roth & Zabel, where she focuses her practice on the representation of employers, primarily in financial services, in all aspects of employment law and employee relations. She also serves as co-head of the firm’s Cybersecurity Group. Holly litigates disputes involving restrictive covenants, ERISA claims, executive compensation, employment agreements, statutory employment discrimination claims, and common law tort and contract claims in federal and state courts, before administrative and government agencies and in arbitral forums. She advises employers on employment law compliance, best practices, human resources matters, hiring and termination, and litigation avoidance; drafts and negotiates employment agreements, separation agreements, data security and privacy policies and other employment-related agreements; and provides training and conducts investigations.

Holly is ranked as a leading lawyer by The Best Lawyers in America and as one of the “Top Women Attorneys in the New York Metro Area” by New York Super Lawyers. She also serves as a member of the Labor and Employment Law Section of the New York State Bar Association. A recognized thought leader, Holly has authored or co-authored numerous articles of interest to employers, recent examples of which include “SCOTUS to Tackle Interaction of FAA, NLRA on Arbitration Agreement Issue” and “‘Scrollwrap’ Agreement to Arbitrate Held Enforceable While ‘Clickwrap’ Is Not,” both appearing as part of the regular column she co-authors for the New York Law Journal. She co-authored Hedge Funds: Formation, Operation and Regulation, published by ALM Law Journal Press and wrote a Practice Note for Practical Law on “Hedge Fund Employee Compensation.” A highly sought-after speaker, Holly recently discussed “Labor Law – Overview Regarding Intro 1253 from an Attorney’s Perspective” at the McLagan Alternative Asset Management Fall Conference, covered “Employment-Related Developments Impacting Hiring: Ban on Inquiries Relating to Compensation History, Ban the Box, and Credit History” at Goldman Sachs 12th Annual Hedge Fund Human Capital Management Seminar and discussed “Avoiding Litigation in Workforce Cases” at Benchmark Women in Litigation East conference. Holly earned a J.D. from the University of Virginia School of Law and a B.A. from Emory University.


Joe Petrosinelli is a partner at Williams & Connolly LLP and Co-Chair of the firm’s Criminal Defense and Government Investigations practice group.  He also is a member of the firm’s Executive Committee.  Mr. Petrosinelli has tried numerous criminal and civil cases in federal and state courts across the country, and has represented clients in litigation and investigations matters in Europe, Africa, Asia, Latin America, and the Caribbean.  He has defended both individuals and corporations against allegations of mail and wire fraud, false claims, government contracts fraud, FCPA violations, public corruption, healthcare fraud, and securities violations.  He and two of his partners successfully represented the petitioner before the U.S. Supreme Court in Cleveland v. United States, 531 U.S. 12 (2000), a leading case on the interpretation of the federal mail and wire fraud statutes.


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.


Marc P. Berger, former Acting Director and Deputy Director of the Division of Enforcement and Director of the New York Regional Office at the SEC, and former Chief of the Securities and Commodities Fraud Task Force in the U.S. Attorney’s Office for the Southern District of New York, represents companies, boards and executives in government and internal investigations, regulatory enforcement matters, and high-profile disputes.

As Acting Director and Deputy Director of Enforcement at the SEC, Marc oversaw thousands of investigations and hundreds of litigations addressing a broad range of securities matters, including issuer disclosure and accounting violations, foreign bribery, investment advisory issues, securities offerings, market manipulation, insider trading, broker-dealer misconduct, cyber threats, initial coin offerings, digital assets and COVID-related fraud. He first joined the SEC as Director of the New York Regional Office, where in addition to supervising all New York enforcement matters, Marc oversaw all of the New York office’s compliance examinations of investment banks, investment advisers, broker-dealers, mutual funds and hedge funds.

As a federal prosecutor, Marc tried 13 cases in district court and as Chief of the SDNY’s Securities Unit he supervised some of the nation’s most significant financial and investment fraud matters, including those related to corporate and accounting fraud, insider trading, market manipulation, and violations of the FCPA. Marc’s SEC and DOJ work involved extensive coordination of cross-border and multi-agency investigations.

In between Marc’s tenures at the SEC and DOJ, Marc was a litigation partner at another international law firm where he represented global financial institutions, public companies, investment firms and individuals in numerous high-profile matters.

Education 

  • University of Virginia School of Law, 1999 J.D.
  • Cornell University, 1996 B.S.
    With Distinction
 
Clerkships
  • Hon. Richard M. Berman, United States District Court, Southern District of New York
 
Admissions
  • New York 


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. 

 

 


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.


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.


Joan Loughnane joined Sidley after serving in a series of leadership positions in the United States Attorney’s Office for the Southern District of New York, including Acting Deputy United States Attorney. In that role — the second highest in the office — she oversaw more than 200 prosecutors and lawyers in the office’s criminal and civil divisions, and acted as the office’s primary liaison to the Department of Justice’s leadership in Washington, numerous federal and state law enforcement agencies, and the United States District Court. Joan previously held a number of other senior leadership positions in the office, including Chief Counsel to the United States Attorney, Acting Chief of the Complex Frauds and Cybercrime Unit, Deputy Chief of the Criminal Division (during which time she was the office’s Project Safe Childhood coordinator, focusing on child exploitation issues) and Co-Chief of the General Crimes Unit.

Prior to her supervisory roles, Joan spent the earlier part of her 15-year career as a federal prosecutor investigating and trying cases in a variety of the U.S. Attorney’s Office’s trial units, including the Securities and Commodities Fraud Task Force and the Violent Crimes Unit. In that time, she served as lead counsel on nine federal trials, and briefed and argued numerous cases in the United States Court of Appeals for the Second Circuit.

Joan was named to Crain’s New York Business’ 2020 “Notable Women in Law” list for her leadership, mentoring and public service over the span of her 20-year legal career. She has also been recognized in Benchmark Litigation’s 2020 directory in the areas of general commercial, securities and white collar litigation. In 2018, Joan received the New York City Bar Association’s prestigious Henry L. Stimson Medal, awarded annually to outstanding Assistant U.S. Attorneys in the Southern and Eastern Districts of New York.

Joan began her legal career as a law clerk for United States District Judge Lewis A. Kaplan and spent three years as an associate at a well-known New York law firm.


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.”


Steve D’Alessandro is Co-Head of the Government Investigations and Regulatory Enforcement group (GIRE) in the Legal Department of JPMorgan Chase & Co.

Prior to joining the JPMorgan, Steve was a partner in the law firm of Holland & Knight LLP where he represented companies and individuals in criminal matters and conducted internal investigations.  Before private practice, Steve was an Assistant U.S. Attorney in the Criminal Division of the U.S. Attorney for the Eastern District of New York.


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.


James J. Benjamin Jr. is a leader of Akin Gump’s white-collar defense and global investigations practice group. He represents banks, public companies, private investment funds, broker-dealers, and proprietary trading firms—as well as their key executives and traders—in investigations and enforcement proceedings arising under the federal securities and commodities laws.

Jim is described by Chambers USA as a “truly outstanding” lawyer who is “smart, hard-working, compassionate, and creative” and is “sought out by clients for his ‘strong and calming influence.’” According to Chambers, Jim “draws widespread acclaim” and is "just superb - a wonderful lawyer with terrific strategic judgment and a wonderful bedside manner.”

He represents companies and individuals in complex, high-pressure investigations and enforcement proceedings related to insider trading; anti-bribery and FCPA; improper accounting and disclosure; market manipulation, disruptive trading, and other violations; anti-money laundering and the Bank Secrecy Act; and anticompetition.

Jim is a graduate of Dartmouth College, magna cum laude, and the University of Virginia School of Law, where he served as the Research and Projects Editor of the Virginia Law Review.  After law school, he clerked for Judge J. Frederick Motz in the District of Maryland and Justices Lewis F. Powell, Jr. and John Paul Stevens of the U.S. Supreme Court. 

Before joining Akin Gump in 2001, Jim served as an Assistant U.S. Attorney in the U.S. Attorney’s Office in the Southern District of New York, including as deputy chief appellate attorney and as a member of the Securities and Commodities Fraud Task Force.


Richard Tarlowe is a partner in the Litigation Department of Paul, Weiss, Rifkind, Wharton & Garrison, where he focuses his practice on white collar and regulatory defense, government investigations, cybersecurity and high-stakes litigation. Richard regularly counsels corporations and senior executives in internal investigations and in all stages of criminal and regulatory investigations and proceedings.  Prior to joining Paul, Weiss, Richard served for eight years as an Assistant U.S. Attorney in the Southern District of New York, where he was Chief of the Complex Frauds and Cybercrime Unit and a member of its Securities & Commodities Fraud Task Force. Richard oversaw the investigation and prosecution of a wide array of white collar matters, including sophisticated financial frauds, cybercrimes, Foreign Corrupt Practices Act (FCPA) violations, criminal tax offenses and health care fraud. He played a critical role in the government's crackdown on insider trading and litigated some of the most significant and high-profile securities fraud trials in the country, including the successful insider trading prosecution of Rajat Gupta, a former Goldman Sachs board member and chair of McKinsey & Co. Richard also handled cases involving public corruption, investment advisor fraud, accounting fraud and market manipulation. During his tenure as a federal prosecutor, Richard conducted numerous jury trials and briefed and argued numerous appeals before the U.S. Court of Appeals for the Second Circuit.  Mr. Tarlowe graduated summa cum laude from Duke University and received his law degree magna cum laude from Harvard Law School.