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The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2014


Speaker(s): Arthur D. Middlemiss, Charles E. Duross, Cheryl J. Scarboro, Claudius O. Sokenu, David W. Simon, Erich O. Grosz, F. Joseph Warin, Glenn T. Ware, Greta Lichtenbaum, Guy D. Singer, Harry A. Chernoff, James D. Bamford, James J. Benjamin, Jr., James M. Koukios, Jay G. Martin, Joel M. Cohen, Kara N. Brockmeyer, Kathryn Cameron Atkinson, Kenneth G. Yormark, Kimberly A. Parker, Lucinda A. Low, Mark F. Mendelsohn, Mary C. Spearing, Melody Wang, Paul E. Rowsey, Peter B. Clark, Philip Urofsky, Raja Chatterjee, Richard A. Sauber, Richard N. Dean, Richard S. Levick, Esq. , Richard W. Grime, Robert E L deButts, Jr., Stephanie J. Meltzer, Stephen S. Zimmermann, Tim Coleman, Timothy L. Dickinson, William F. McGovern
Recorded on: May. 1, 2014
PLI Program #: 51316

Kenneth G. Yormark is a managing director for K2 Intelligence, where he leads the U.S.-based forensic accounting team. With more than 25 years of experience, he is an expert in complex global investigations and forensic and investigative services. Ken manages and conducts high-profile securities fraud, anti-corruption/Foreign Corrupt Practices Act (FCPA), and Ponzi scheme investigations involving public and private companies in all industries around the globe. He presents to regulatory and law enforcement agencies, boards, senior management, in-house and outside counsel, and auditors.

Working with clients in the financial services, manufacturing, real estate, pharmaceutical, telecommunications, and not-for-profit industries, Ken focuses on formulating and executing strategies regarding forensic accounting, financial investigations, securities litigation, and anti-corruption risk assessments. He is accomplished at assessing the vulnerability and reconstructing internal controls, compliance procedures, and accounting systems. He regularly works side by side with law firms investigating allegations of corruption and bribery, corporate malfeasance, and “cooking the books.” He has been qualified as an expert and testified in deposition and at trial in federal and bankruptcy courts.

Ken is an adjunct professor at Georgetown University Law Center, where he teaches “Accounting for Lawyers.” He is also a faculty member of the Practicing Law Institute and an adjunct faculty member of the Association of Certified Fraud Examiners (ACFE). He speaks nationally on fraud and anti-corruption at conferences and corporate events.

Ken received his B.S. from Queens College and completed graduate studies at New York University in real estate development analysis. He is a Certified Public Accountant (CPA), a Certified Fraud Examiner (CFE), is Certified in Financial Forensics (CFF), and is a Certified Anti-Money Laundering Specialist (CAMS).


Jim is a co-founder of Water Street Partners, where he serves a global client base in industries ranging from oil and gas, mining, and chemicals to hi-tech, and industrial manufacturing. He has supported more than 200 joint venture transactions and restructurings, and worked extensively on JV governance, organizational, and commercial issues.

Prior to Water Street Partners, Jim co-led the JV and Alliance Practice at McKinsey& Company (2001-2008). While at McKinsey, Jim founded the JV CEO and Directors Roundtable, a working group of senior practitioners running or sitting on the Boards of large joint ventures.

Jim is author of Mastering Alliance Strategy, and has written more than 100 articles on joint ventures and alliances in Harvard Business ReviewCorporate DealmakerMcKinsey Quarterly, the Joint Venture Exchange, and other publications.

Prior to McKinsey, Jim worked in Asia for an affiliate of Booz-Allen-Hamilton in Asia, served as the editor of The Alliance Analyst, and headed a successful information services company focused on providing merger, acquisition, and joint venture transaction advice to large global companies.

Jim has an undergraduate degree from Tufts University, and graduate degrees from the London School of Economics and Harvard University.

 


Lucinda A. Low is a partner in the Washington, DC office of Steptoe & Johnson LLP, where she heads the firm's Chambers-ranked FCPA and anti-corruption practice and its Compliance, Investigations, Trade and Enforcement Department, and serves on the firm’s Executive Committee. Her practice focuses on the U.S. Foreign Corrupt Practices Act and other anti-corruption laws, as well as other international regulatory compliance issues for multinational businesses, as well as multijurisdictional regulatory and enforcement matters. Ms. Low has extensive experience in internal and government investigations, representing companies, Audit Committees and Board of Directors, and individuals in enforcement matters before the U.S. Department of Justice, Securities and Exchange Commission, and the World Bank and other international financial institutions and foreign authorities. Ms. Low's practice also includes compliance counselling and advice, representation in disputes between commercial parties and host governments, including disputes involving issues of fraud and corruption.  She received a #1 Ranking, Chambers Global 2010-2017, International Trade: FCPA Experts.  Ms. Low is listed in Best Lawyers in America 2012-2018, International Arbitration: Government and International Trade and Finance Law. Ms. Low is in Washington, DC Super Lawyers, International, 2014-2018.

Ms. Low is the Immediate Past President of the American Society of International Law, the Vice Chair of the Board of Directors of the Coalition for Integrity (formerly known as Transparency International-USA) and serves on its Executive Committee, and was the first woman to chair the ABA Section of International Law.  She has received numerous awards for her work. Most recently, in 2017, she received the Outstanding Career award from the Global Investigations Review, which in 2015 named her to its “Women in Investigations:  One Hundred Investigation Specialists from Around the World.” 

Ms. Low was appointed in 2017 by the President of the World Bank to the Panel of Arbitrators of the International Centre for Settlement of Investment Disputes (ICSID); and in 2016 was appointed by President Obama to the ICSID Panel of Conciliators.  She currently sits as President of two ICSID arbitration tribunals and is a member of an annulment committee in a third case.  She also serves on the U.S. Secretary of State’s Advisory Committee on Public International Law.  She also has significant experience as counsel in investor-state and commercial arbitration proceedings, and as an expert witness in disputes raising bribery and corruption and related issues.

Ms. Low was Editor-in-Chief of the UCLA Law Review in 1976-77.  I addition to her J.D. from UCLA Law School, she holds a B.A. from Pomona College, where she designed an inter-disciplinary major in Latin American Studies and Economics.  Ms. Low speaks Portuguese, Spanish and French, and has some knowledge of Russian, Italian and Japanese.


Admission & Qualifications

District of Columbia Bar
New York State Bar

Education

Vassar College, 1972, B.A.
Fordham University School of Law, 1976, J.D., Art History

Professional Profile

A partner in the Litigation Department since 1999, Mary Spearing focuses her practice on white collar criminal defense, internal investigations and corporate compliance counseling. Mary has amassed a broad range of experience from her government experience to the boardroom. She has tried more than 35 cases to verdict. Her clients have included corporations, officers, directors and professionals in regulatory, investigative and trial matters. She has litigated for the government and the defense in numerous state and federal courts. She has been hired by audit committees or special committees of public companies across a range of industries to conduct investigations into allegations of wrongdoing.

Representative Matters

Represented the former CEO of Rite Aid in a securities fraud/obstruction of justice case brought by the U.S. Department of Justice (DOJ)

Represented Halliburton in the FCPA investigation conducted by the U.S. DOJ and Securities and Exchange Commission (SEC)

Represented Noble Corp. in an FCPA investigation conducted by the U.S. DOJ and SEC, resulting in a non-prosecution agreement by the DOJ

Represented the Audit Committee of an oil services company in a DOJ/SEC FCPA investigation, resulting in no action by the enforcement agencies

Represented a Fortune 100 entertainment company in an internal investigation regarding FCPA allegations related to their business in China

Represented a private international contractor in a DOJ prosecution for Clean Water Act violations Salt Lake City Olympic Committee Chief Financial Officer-DOJ bribery investigation Compliance officer of environmental testing lab for violation of False Statement Act  Sinclair Oil Refinery in a DOJ prosecution for environmental RCRA offenses

Represented a private equity fund regarding FCPA compliance issues related to African and South American investments

Represented a member of the Senate staff in a campaign finance investigation conducted by the U.S. Attorney’s office in the Southern District of New York

Represented an Iranian businessman under investigation by the U.S. Attorney for the District of Columbia regarding violations of the Iranian sanctions laws

Represented an aerospace manufacturer in an internal investigation regarding FCPA allegations A Canadian company under investigation for corruption related activities by the U.S. DOJ and the Canadian Crown Prosecution Service

Represented a Japanese automobile manufacturer under investigation by the DOJ for false advertising and bank fraud

Other Distinctions

Mary is a frequent speaker on white collar topics at numerous ABA, international conferences and industry programs. She has been a litigation guest lecturer at white collar seminars at Georgetown University Law School and American University’s law school.

She has been named each year one of the country’s top lawyers in The Best Lawyers in America, The Washingtonian Magazine’s Top Lawyers, Washington Post’s Superlawyers of DC and The International Who’s Who of Business Lawyers.

Prior Experience

US Department of Justice, Criminal Division (1989-1999)
 -Chief, Fraud Section, 1994-1999
 -Chief, General Litigation Section, 1991-1994
 -Deputy Chief, Child Explotation and Obscenity Section, 1989-1991

Assistant US Attorney, US Attorney’s Office, Middle District of Pennsylvania (1984-1988)

Assistant US Attorney, US Attorney’s Office, Eastern District of Pennsylvania (1981-1984)

Attorney, US Department of Energy, Office of Special Investigations (1979-1981)

Attorney, New York City Department of Investigation (1976-1979)




Arthur D. Middlemiss
Lewis Baach PLLC

Arthur Middlemiss practices in the areas of financial crimes compliance. Mr. Middlemiss has extensive experience planning, building, and running global financial crimes compliance programs, with a particular emphasis on anti-corruption and anti-money laundering. He provides strategic counsel to foreign and domestic entities seeking to mitigate regulatory, criminal and reputational risk. His expertise includes securities and other fraud-related investigations. Previously, Mr. Middlemiss directed the anti-corruption program of one of the world’s largest financial institutions, where he also held senior positions related to anti-money laundering compliance. From September 1994 to June 2007, Mr. Middlemiss served as an Assistant District Attorney in the New York County District Attorney’s Office. As Bureau Chief of Investigations Division Central, also known as DANY Overseas, Mr. Middlemiss supervised the investigation and prosecution of complex white collar criminal cases, focusing on matters involving securities fraud, international money laundering, tax evasion, and illegal money remitters. Multiple investigations produced settlements that required major domestic financial institutions to reform their compliance procedures. Among other matters, Mr. Middlemiss co-led the District Attorney’s investigation into the role of financial institutions in Enron’s collapse.


Claudius Sokenu, a former senior counsel with the United States Securities and Exchange Commission, Division of Enforcement, is Deputy General Counsel, Global Head of Litigation, and Global Head of Compliance at Andeavor, a Fortune 100 energy company.  Claudius oversees all of Andeavor’s litigation, internal and government investigations, regulatory compliance, and the ethics and compliance program.

Prior to joining Andeavor, Claudius was a litigation partner at Shearman & Sterling’s New York, Washington, DC, and London offices where his practice focused on representing multinational public and private companies, hedge funds, private equity firms, broker-dealers, investment banks, investment advisers, accounting firms, and their officers, directors, and employees in complex commercial litigations, securities enforcement actions and litigations, including class actions and FINRA arbitrations, white collar criminal defense, derivative actions, congressional investigations, internal investigations, and corporate crisis management.  Claudius has extensive experience in handling delicate high-profile matters that require concurrent representation in the civil, criminal, and political spheres.

Claudius is widely recognized as a leading securities enforcement, white collar crime and Foreign Corrupt Practices Act (FCPA) practitioner.  In nearly two decades in private practice, Claudius represented domestic and multinational compa­nies and their employees in all aspects of FCPA internal investigations, enforcement actions, and compliance matters before the SEC, the United States Department of Justice (DOJ), the United Kingdom’s Serious Fraud Office, and other civil and criminal authorities in the United States and abroad.  Claudius has represented Boards of Directors, Audit Committees, officers, senior management and employees of multinational companies in all anticorruption investigations in dozens of countries and on virtually every continent.

Earlier in his career, Claudius served in the Washington, DC office of the SEC in the Division of Enforcement, on the Honors Program, first as a Staff Attorney and later as Senior Counsel, where he was responsible for handling a broad range of the SEC’s domestic and international enforcement matters, including investigations involving accounting fraud, insider trading, initial public offerings, illicit payments under the FCPA, investment companies and investment advisers, market manipulation, and broker-dealer misconduct.  Claudius was also a member of the Enforcement Division’s FCPA Working Group, which is now known as the FCPA Unit and the Financial Fraud Task Force.

Consistently ranked by Chambers USA and Chambers Global for his investigative, regulatory, and securities enforcement practice (2014, 2013, 2012, 2011), named a Litigation Star by Benchmark Litigation (2016, 2015), Latin Lawyer 250 for White-Collar Crime and Compliance (2013), named a rising star by Ethisphere in its national annual rankings of “Attorneys Who Matter” (2012), named a “Top Lawyer” by The Network Journal (2011), named by Main Justice as one of the Best FCPA Lawyers Outside the Beltway (2011), Diversity & The Bar’s “Leading Law Firm Rainmakers” (2010), and recognized by Securities Law 360 as one of its 10 under 40 (2007), Claudius has represented major companies and/or their officers and directors, including Bank of New York, Bank of America, CIBC World Markets, Northern Trust, Allianz SE, AIG, Cantor Fitzgerald, CVS Caremark, PepsiCo, GlaxoSmithKline, Ernst & Young, Avon Products, Arthur Andersen LLP, Amgen, Walmart, Bristol-Myers Squibb, KraftHeinz, Embraer, Cardinal Health, and TV Azteca before prosecutors and regulators in the United States and abroad and in federal and state courts on bet-the-farm matters.

Claudius was an Adjunct Professor of Law at Georgetown University Law Center in Washington, DC where he taught advanced level securities enforcement and litigation courses.  He has lectured and published extensively on securities enforcement and litigation matters and has been quoted in the financial press on a variety of securities law issues.  Claudius earned his LL.B (with Upper Class Honors) from London South Bank University, an LL.M in Corporate and Commercial Law from the London School of Economics and King’s College London, University of London, and an LL.M in Securities and Financial Regulation from Georgetown University Law Center.


David W. Simon is a litigation attorney who devotes much of his practice to helping corporate clients avoid and manage crises that potentially give rise to government enforcement actions.

The Foreign Corrupt Practices Act (FCPA) is a principal focus for Mr. Simon. A frequent author and speaker on the FCPA and anti-corruption issues, he has been recognized for his extensive experience in the field. Mr. Simon counsels clients on FCPA issues that arise in their operations, assists clients in the development and implementation of anti-corruption compliance programs, advises clients on third-party anti-corruption due diligence, conducts internal investigations into FCPA and other anti-corruption issues, and defends corporate clients in government enforcement actions that arise from potential FCPA violations.

Significant Recent Representative Matters

  • Conducting an internal investigation into potential FCPA violations arising out of improper payments to consultants by a manufacturing client’s India subsidiary and providing anti-corruption compliance advice;
  • Serving as lead appellate FCPA counsel for Carlos Rodriguez in the case U.S. v. Esquinazi, Case No. 11-15331, the first federal appeals court case to address the meaning of the FCPA’s “foreign official” element;
  • Conducting an internal investigation into and coordinating the voluntary disclosure of potential FCPA violations arising out of gift and entertainment expenditures of an agricultural industry client’s China subsidiary;
  • Conducting an internal investigation into potential FCPA violations arising out of the business practices of a manufacturing client’s agent in Indonesia;
  • Participating in a global anti-corruption compliance review for a multi-national oil and gas company;
  • Representing a manufacturing client in connection with FCPA issues arising out of a former subsidiary’s business practices in China, including conducting an internal investigation, coordinating a voluntary disclosure to the SEC and DOJ, and negotiating a resolution with the enforcement authorities

Recognition

Mr. Simon has been Peer Review Rated as AV® Preeminent™, the highest performance rating by Martindale-Hubbell and was selected for inclusion in the current edition of The Best Lawyers in America® for criminal defense: white-collar law.

Affiliations

Mr. Simon currently serves as a member of the board of directors for the Federal Defender Service of Wisconsin and as a member of the City of Delafield Plan Commission.

Education

Mr. Simon graduated with honors from the University of Wisconsin – Madison (B.A., 1989), and from the University of California – Berkeley, Boalt Hall School of Law (J.D., 1994), where he was elected to the Order of the Coif and was a member of the California Law Review. He joined the firm after a judicial clerkship with the Honorable Robert W. Warren, U.S. District Court for the Eastern District of Wisconsin.

Admissions

Mr. Simon is admitted to practice in both Wisconsin and the District of Columbia.


DICK SAUBER is a litigator who represents companies and individuals in connection with Government investigations and enforcement actions of all types.  He has tried dozens of criminal and civil cases and regularly appears for clients in Congressional hearings, Government agency proceedings, and grand jury matters.  He has conducted internal investigations for companies in nearly every industry in the United States.

Since entering private practice in 1984, Dick has spent significant time representing government contractors.  He was the first defense lawyer to challenge the constitutionality of various provisions of the 1986 amendments to the False Claims Act, and the first defense lawyer to try a FCA retaliation case.  He has since handled dozens of FCA and Qui Tam cases.

Dick also represents clients in connection with FCPA matters.  He routinely conducts internal investigations and has worked on FCPA matters in China, Taiwan, Germany, Russia, the Middle East, and northern Africa.  He advises companies in acquisitions on law enforcement due diligence matters on a regular basis.

Before entering private practice, Dick was a federal prosecutor for seven years.  He was appointed by President Reagan to form and lead the first multi-agency task force to concentrate on pursuing fraud in government contracts.  He was a partner for 23 years at Fried, Frank, Harris, Shriver & Jacobson where he was the Chair of the firm’s Washington Litigation Department and a member of the firm’s Management Committee.  He is an adjunct professor at Georgetown Law School where he has taught a National Security Crimes seminar and an evidence class.  He has tried jury cases in New York, Washington, California, Texas, Nevada, Mississippi, and Oklahoma, and his appellate work includes arguing cases before the Supreme Court and nearly every one of the Circuit Courts of Appeal.

Representative matters include: 

  • Represented Northrop Grumman in multiple government civil and criminal cases since 1986
  • Represented Community Health Services in multiple government and Qui Tam matters
  • Represented a major Wall Street financial institution in a Justice Department investigation of the Credit Default Swap market 
  • Represented the Board of a major energy company to conduct an internal investigation of a fatal pipeline rupture and explosion 
  • Represented a major private equity firm under scrutiny in the “pay to play” investigation conducted by Attorney General Andrew Cuomo
  • Represented reporter Matt Cooper of Time Magazine in the Valerie Plame matter
  • Performed the due diligence for a major New York buy-out firm in connection with a multi-billion dollar acquisition in the health care industry

Professional Activities, Publications and Honors

  • Adjunct Professor, Georgetown Law School
  • General Counsel, Freedom House
  • Board of Directors, Children’s Hospital, Washington D.C.

Education: 

  • J.D., New York University School of Law, 1977
  • M.Litt., Oxford University, 1975, Rhodes Scholar, 1973 - 1975
  • B.A., magna cum laude, Yale University, 1972


Glenn T. Ware, Esq. is a Principal/Practice Group Leader at PricewaterhouseCoopers LLP (PwC) and leads the Anti-Corruption & Corporate Intelligence Practice for the U.S. firm.  He also founded PwC’s Anti-Corruption Centre of Excellence – the first of its kind private sector organization dedicated to collecting and promulgating best practices in anti-corruption for the public and private sectors. For clients, he directs a diverse group of over 50 interdisciplinary investigative, forensic, technology, and intelligence professionals that offer the full spectrum of anti-corruption services across all business sectors – both public and private. Mr. Ware is an international lawyer by training. Prior to coming to PwC, he served as the Chief Investigative Counsellor to the President of the World Bank Group where he was a chief architect and directed the anti-corruption investigative function across the entire Bank portfolio. While at the Bank, he ran the Africa Investigative Unit for five years before being promoted to Chief Counsellor. He has lived and worked extensively overseas in Africa, Eastern Europe, the Middle East, Europe and Latin America, assisting private and public sector clients navigate the complex business, ethics and legal challenges in emerging and post conflict markets. He led the establishment of PwC's office in Iraq, and established and led the PwC response team for President Bill Clinton following the devastating earthquake in Haiti to ensure money was used for its intended purposes.

Mr. Ware serves a variety of industry sectors across the globe - addressing a full range of corruption challenges. He is a “board room level advisor” to these companies in helping them address a variety of complex compliance and regulatory challenges. On top of Mr. Ware’s recognized anti-corruption expertise, he has deep experience in international and national security matters following 26 years of government experience as a senior Navy Officer with the Office of Judge Advocate General. He holds an active top secret security clearance and sits on the leadership steering committee of PwC’s Threat Management Groups and has worked for various U.S. and foreign government agencies. Mr. Ware has been retained by former and current heads of State, a Nobel Prize winner and current and former cabinet level officials in the United States and abroad.  

Mr. Ware has lectured at professional and academic forums, including the American Bar Association, International Bar Association, Harvard Law School, Georgetown Law School, the Joint Vienna Institute, U.S. State Department, the Pentagon, the EU, OECD, The World Bank Group, Inter-American Development Bank, Naval War College, National War College, Air War College, Fletcher School of Law and Diplomacy, J.F. Kennedy School of Government, and numerous institutions and professional forums around the world. 

Mr. Ware holds an LLM from Harvard Law School. He is extensively published and quoted as an authority in the media in the areas of fraud and anti-corruption, corporate intelligence, national security, and international governance. He is a member of the ABA National Security Law and International Law sections. He sits on the World Economic Forum's Task Force for Anti-Corruption (PACI), Transparency International USA's Corporate Counsel Forum, and was recently selected by the OECD as a participant for their site inspection of the United States compliance with the OECD Convention against Corruption. In addition to Haiti, Mr. Ware spends a considerable amount of time in Iraq advising the Kurdistan Regional Government on governance issues.


Greta Lichtenbaum is a partner in the Washington, DC office of O’Melveny specializing in compliance with US laws that govern international business transactions and trade, including US economic sanctions, export controls, anti-corruption, foreign investment, money laundering, antiboycott, and customs laws.

In addition to advising clients on the application of these laws, Greta assists in all aspects of managing compliance with these laws, including developing corporate compliance programs, conducting internal investigations relating to potential violations of these laws, and representing companies before the relevant agencies in connection with enforcement proceedings, clearances, license requests, and government inquiries.

Greta has repeatedly been recognized as a leading lawyer in the area of export controls and economic sanctions by Chambers USA (Band 1), Chambers Global (Band 1) and The Legal 500 US. She is a frequent speaker on topics related to international trade and has written extensively on these topics.

Greta graduated from Harvard Law School in 1990. While in law school, she served as Managing Editor of the Harvard Human Rights Journal and a member of the International Law Society.



Guy Singer is a partner in the New York office and a member of the White Collar and Criminal Investigations group. Guy also maintains an office in the Washington, D.C., office. His practice focuses on litigation with an emphasis on white collar and corporate compliance matters. He has provided significant representation with respect to internal investigations involving alleged violations of the Foreign Corrupt Practices Act (FCPA), criminal antitrust investigations and prosecutions, and Department of Justice investigations involving the International Traffic in Arms Regulations (ITAR).

Guy is a former trial attorney in the Department of Justice's Criminal Division, Fraud Section. While at the Department of Justice, Guy investigated and prosecuted white collar crime and public corruption throughout the United States, from grand jury through trials, including allegations of bribery, bank fraud, money laundering, securities fraud, obstruction of justice, mail/wire fraud, honest-services fraud and violations of the FCPA and Internal Revenue Code. During his tenure with the Department of Justice, he received numerous commendations and recognition from federal and state law enforcement agencies for his work. He previously focused on public corruption and organized crime matters while an Assistant State Attorney at the Miami-Dade County State Attorney's Office, as well as a Special Assistant US Attorney in the Southern District of Florida.

Due to his extensive experience handling high-profile matters of public corruption and white-collar crime, Guy is often called on by the national media for commentary. Among others, he has appeared on CNN and been quoted in The Washington Post, the L.A. Times and The Philadelphia Inquirer.

Related Practice Areas

  • White Collar & Corporate Investigations
  • International Arbitration & Dispute Resolution

Education

  • J.D., New England School of Law, 1992
  • B.A., Psychology, University of Hartford, 1987

Honors

  • "Assistant Attorney General's Award for Ensuring Integrity of Government," investigation and prosecution of Jack Abramoff and related parties, United States Department of Justice
  • "Meritorious Award," superior performance of duties, United States Department of Justice


James M. Koukios is Senior Deputy Chief of the Fraud Section in the Criminal Division of the U.S. Department of Justice.  Mr. Koukios first joined the Fraud Section as a Trial Attorney in the Fraud Section’s Foreign Corrupt Practices Act (FCPA) Unit in 2009.  In 2012, he was promoted to Assistant Chief of the FCPA Unit, where, for nearly two years, he led a team of dedicated trial attorneys who prosecute and investigate violations of the FCPA and related statutes by corporations and individuals.  From 2010-2011, Mr. Koukios served as special counsel to the FBI Director, advising the Director and other FBI executives on policy issues related to criminal investigations.  Before joining the Fraud Section, Mr. Koukios was an Assistant U.S. Attorney in Miami for four-and-a-half years where he prosecuted and tried cases involving arms trafficking, immigration offenses, narcotics offenses, violent crimes, and economic crimes.  Prior to joining the U.S. Attorney’s Office in Miami, Mr. Koukios was a litigation associate for three years at a major U.S. law firm and served as a law clerk for then-U.S. District Court Judge Edith Brown Clement in the Eastern District of Louisiana. Mr. Koukios is an adjunct professor of trial practice at the Georgetown University Law Center. Mr. Koukios received his B.A. with highest distinction from the University of Michigan and his J.D. cum laude from Harvard Law School.


JAY G. MARTIN is the Vice President, Chief Compliance Officer and the Senior Deputy General Counsel for Baker Hughes Incorporated (“BHI”). Prior to joining BHI, Mr. Martin was a Shareholder at Winstead Sechrest & Minick P.C., a Partner at Phelps Dunbar and Andrews & Kurth, and the Assistant General Counsel of Mobil Oil Corporation’s Worldwide Exploration and Production Division in Fairfax, Virginia.  Mr. Martin has also served as General Counsel of Mobil Natural Gas, Inc. in Houston, Texas.  Mr. Martin holds JD, MPA and BBA degrees from Southern Methodist University in Dallas, Texas.

While in private practice, Mr. Martin was engaged in a wide variety of domestic and international energy transactions, and regulatory matters for natural gas exploration and producing companies, oil field service companies, marketers, pipelines and refiners. Mr. Martin’s practice involved such diverse matters as participating in generic federal and state restructuring proceedings in the natural gas and electric industries, drafting virtually every type of domestic and international oil and gas agreement, working on mergers and acquisitions, asset acquisitions and divestitures, handling a significant number of energy lending transactions including but not limited to mezzanine and conventional production based financings and work-out situations, and advising clients on a wide variety of natural gas marketing and processing matters.  Mr. Martin also regularly handled problems for clients arising under the Foreign Corrupt Practices Act, the U.S. Economic Sanctions Laws and Arab Boycott Regulation. In addition, Mr. Martin developed broad experience in crisis management, designed corporate compliance programs for clients, and conducted many types of internal investigations for clients.


Joseph Warin is chair of the nearly 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. He served as Assistant United States Attorney in Washington, D.C., and  was awarded a Special Achievement award by the Attorney General.  As a prosecutor, he tried more than 50 jury trials.

Mr. Warin’s areas of expertise include 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. His clients have included corporations, officers, directors and professionals in regulatory, investigative and trial matters.  Mr. Warin has been selected to serve on insurance company panels for securities class actions.  He is a member of the Board of the International Association of Independent Corporate Monitors.

Mr. Warin is continually recognized annually in the top-tier by Chambers USA, Chambers Global, and Chambers Latin America for his FCPA, fraud and corporate investigations expertise.  Who’s Who Legal named Mr. Warin to their 2019 "Thought Leaders: Global Elite" list for Business Crime Defense - Corporate and Investigations.  In 2018, Mr. Warin was selected by Chambers USA as a “Star” in FCPA, a “Leading Lawyer” in the nation in Securities Regulation: Enforcement, and a “Leading Lawyer” in the District of Columbia in Securities Litigation and White Collar Crime and Government Investigations.  In 2017, Chambers USA honored Mr. Warin with the Outstanding Contribution to the Legal Profession Award, calling him a “true titan of the FCPA and securities enforcement arenas.”  He has been listed in The Best Lawyers in America® every year from 2006 - 2018 for White Collar Criminal Defense. He has been recognized by Benchmark Litigation as a U.S. White Collar Crime Litigator “Star” for nine consecutive years (2011-2019).

Mr. Warin’s group was recognized by Global Investigations Review in 2018 and three years previously as the leading global investigations law firm in the world.  Global Investigations Review reported that Mr. Warin has now advised on more FCPA resolutions than any other lawyer since 2008. 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.


Kara Novaco Brockmeyer

Kara Novaco Brockmeyer served as the Chief of the Foreign Corrupt Practices Act Unit of the SEC’s Enforcement Division.  In that role, she oversaw nationwide investigations into violations of the anti-bribery and accounting provisions of the federal securities laws.  Prior to becoming Chief of the FCPA Unit, Ms. Brockmeyer served as an assistant director in the division, where she was the co-head of the division’s Cross –Border Working Group, focused on accounting fraud by companies based overseas and supervised a broad range of SEC investigations, including investigations into FCPA violations, accounting fraud, market manipulation, public offerings, misconduct by regulated entities, and insider trading.  She is the recipient of numerous awards, including the SEC’s Capital Markets Award and Supervisory Excellence Award.  In 2012, she received the SEC’s Irving M. Pollack Award for her work on the 2011 joint SEC-DOJ Resource Guide to the U.S. Foreign Corrupt Practices Act, and in 2016, she received the SEC’s Meritorious Impact Award.

Before joining the SEC, Ms. Brockmeyer was in private practice with a large law firm in Chicago, primarily focused on securities and complex commercial litigation.  She received her B.A. cum laude from Williams College and her J.D. magna cum laude from the University of Michigan Law School, where she was Note Editor of the Michigan Law Review.


Kathryn Cameron Atkinson is the Chair of the International Department and a member of the firm’s Executive Committee. Her practice focuses on international corporate compliance, including, in particular, the Foreign Corrupt Practices Act (FCPA), as well as export controls and economic sanctions, and anti-money laundering laws. She advises clients on corruption issues around the world. This advice has included compliance with the FCPA and related laws and international treaties in a wide variety of contexts, including transactional counseling, formal opinions, internal investigations, enforcement actions by the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) and resulting monitorships, as well as commercial litigation raising improper payment issues. Ms. Atkinson served as the government-appointed Independent Compliance Monitor for KBR, Inc. in an FCPA matter settled with the DOJ and SEC. She was a member of the original Transparency International task force that developed a compliance toolkit for small and medium-sized entities. She co-produced, with Homer E. Moyer, Jr., "Comply But Compete," a versatile, video-based FCPA training program.

On the compliance side of the practice, Ms. Atkinson focuses in particular on the design and implementation of custom-tailored international regulatory compliance programs for large and small companies in a wide range of industries.  Her compliance practice includes performing compliance due diligence in mergers and acquisitions, designing and performing compliance audits and assessments, training company personnel and third parties, and working with companies to design tailored safeguards in complex business transactions and relationships with third parties.


Peter Clark is senior counsel in the White Collar Defense and Investigation and Complex Litigation Practices, resident in the Washington D.C. office.

Prior to joining Cadwalader, Peter served as Deputy Chief of the Fraud Section of the Criminal Division of the Department of Justice, where he had previously held the position of Senior Litigation Counsel. Before his tenure at the DOJ, he was Special Counsel in the Division of Enforcement of the Securities and Exchange Commission, which he joined at the request of William Casey, then Chairman of the SEC.

Prior to his government service, Peter was with New York's Hall, Casey, Dickler & Howley, where he worked on securities, real estate, and tax litigation matters.

Among his many accomplishments, Peter has handled hundreds of voluntary disclosures of illicit corporate payments and securities enforcement matters both at the SEC and the DOJ, and successfully prosecuted the first transnational bribery cases brought by the Department. He played an important role in the enactment and subsequent amendments to the Foreign Corrupt Practices Act (FCPA), and was the Department's principal negotiator of the Organisation for Economic Co-operation and Development’s (OECD) anti-bribery convention and the Council of Europe Criminal Law Convention. He has worked closely with The World Bank and other international organizations in their implementation of anti-corruption compliance programs. Peter was a founder of the Justice Department's Securities and Commodities Fraud Working Group. As Deputy Chief of the Fraud Section, Peter was responsible for all of the Department's FCPA investigations and prosecutions, and for the FCPA Opinion Procedure. 

Peter was presented with the 1998 Award for Outstanding Government Lawyer by the American Bar Association Section of International Law and Practice for his role in enforcing the FCPA and in negotiating the OECD Convention. Most recently, he was recognized as an “FCPA Master” by Main Justice for his record of achievement in anti-corruption defense work.  Ethisphere Institute honored Peter in their 2012 Attorneys Who Matter Hall of Fame, Ethisphere's highest honor given to a practicing attorney, and named him a "Top Gun" lawyer in its 2011 Attorneys Who Matter.  Peter was also recognized by Who's Who Legal's The International Who's Who of Business Crime Defence Lawyers in 2014 and 2012, and by Benchmark Litigation.   Peter has been a member of the Advisory Committee on International Economic Policy of the U.S. Department of State. He is a member of the Board of Directors of Transparency International-USA.

Peter is a graduate of Brown University and the University of Pennsylvania Law School. He has lectured extensively before professional associations both domestically and internationally. He is admitted to practice in the District of Columbia and the State of New York.


Philip Urofsky is head of the global anti-corruption practice at Shearman & Sterling LLP, where he counsels Boards, companies, and individuals concerning  government investigations, internal investigations, and compliance controls with respect to the Foreign Corrupt Practices Act, financial sanctions regulations, and other white collar laws and regulations.   Formerly the lead FCPA trial attorney at the Department of Justice, he was responsible for many FCPA investigations and prosecutions, helped negotiate the Council of Europe and OECD Conventions and was designated as the U.S. expert for the OECD Working Group on Bribery’s peer review process, and was the principal drafter of the DOJ’s Federal Principles of Corporate Prosecution (the “Holder Memo”) (although he disclaims any responsibility for what the government did with it afterwards).  Mr. Urofsky writes and speaks widely on topics related to the design and implementation of compliance programs and sanctions and anti-corruption enforcement trends and patterns. 


Richard N. Dean is the Managing Partner of the Washington, D.C. office of the international law firm of Baker & McKenzie LLP.

Mr. Dean specializes in the U.S. Foreign Corrupt Practices Act (FCPA) and related legislation, including U.S. money laundering laws and their application to the activities of U.S. companies in emerging markets. He advises on the structuring of foreign investment transactions to comply with U.S. laws; supervises the conduct of internal investigations and audits to determine compliance with laws and regulations, including the Sarbanes-Oxley Act; and advises senior management and corporate audit committees on the consequences of such investigations and audits, including the development of appropriate defenses, disclosures, disciplinary actions and compliance policies.   His practice includes representing multinational companies before the U.S. Department of Justice and the Securities and Exchange Commission in connection with FCPA and related matters.

Mr. Dean has conducted investigations into possible FCPA violations in a variety of high risk emerging markets, such as Russia, Ukraine and other CIS countries, West Africa, the Middle East, China, India, South America and Indonesia and has advised multinational companies on structuring transactions with distributors, dealers, joint venture partners and charitable institutions.


Richard S. Levick, Esq. is Chairman & CEO of LEVICK, representing countries and companies in the highest-stakes global communications matters – from the Wall Street crisis and the Gulf oil spill to Guantanamo Bay and the Catholic Church. LEVICK is the communications firm of choice for international companies with critical Western-facing communications and public affairs needs.

Mr. Levick was honored multiple times on the prestigious list of “The 100 Most Influential People in the Boardroom” and has been named to multiple professional Halls of Fame for lifetime achievement.

He is the co-author of four books including The Communicators: Leadership in the Age of Crisis and is a regular commentator on television and print.


Richard W. Grime is a litigation partner in the Washington office of Gibson, Dunn & Crutcher’s Washington, DC office and a member of the White Collar Defense and Investigations Practice Group and the Securities Enforcement Practice Group. 

Mr. Grime’s practice focuses on representing companies and individuals in corruption, accounting fraud, and securities enforcement matters before the Securities and Exchange Commission and the Department of Justice.  Mr. Grime also conducts internal investigations and counsels clients on compliance and corporate governance matters with a particular focus on corruption investigations.

Prior to joining Gibson Dunn, Richard spent over nine years in the Division of Enforcement at the Securities and Exchange Commission in Washington, DC.  In his last four years at the Commission he was an Assistant Director. Mr. Grime is currently highly ranked in Chambers USA Nationwide FCPA and Chambers Global FCPA and was recently selected by his peers for inclusion in The Best Lawyers in America© 2016 in the field of Criminal Defense: White Collar.  He is also a longstanding and frequent speaker to legal and industry practitioners particularly on anti-corruption and securities enforcement topics.

Mr. Grime received his law degree from Oxford University.


Stephanie Meltzer is a Vice President, Assistant General Counsel, at Pfizer. Inc. where she leads the Company’s global Anti-Corruption Program Office as well as the Mergers and Acquisitions Compliance function. Stephanie is a former federal prosecutor and partner at Cadwalader, Wickersham and Taft, where she specialized in advising companies and individuals in connection with white collar criminal matters as well as the development of international compliance programs. She has extensive experience with regard to the FCPA and its foreign law counterparts, having conducted numerous complex multi-jurisdictional investigations, performed transactional due diligence, and drafted and implemented anti-corruption compliance programs for a variety of companies and industries. Stephanie received her B.S. from the University of Michigan and a J.D. from Tulane University School of Law.


Timothy L. Dickinson is a partner in the Washington D.C. office of Paul Hastings with over 30 years’ experience in the field of anti-corruption law. Mr. Dickinson’s practice encompasses a number of areas, including all aspects of the Foreign Corrupt Practices Act, U.S. export laws, economic sanctions, ITAR regulations (including enforcement actions), and political risk insurance.

Mr. Dickinson works closely with a wide range of industries on FCPA matters, including establishment of compliance programs, due diligence in acquisitions, special investigations and defense before regulators in the U.S. as well as abroad, including the U.K.'s Serious Fraud Office. In 2005, he was appointed Independent Expert by Monsanto as part of a Deferred Prosecution Agreement with the Department of Justice and he recently concluded a three-year term as Independent Monitor in conjunction with a case settled in 2010.  Mr. Dickinson was also selected by the World Bank to assist with the development of their Voluntary Disclosure Program, and participated with Bank staff in evaluating and recommending improvements to a VDP participant's compliance program.  Chambers USA 2009, 2010, 2011, 2012 and 2013 have recognized him among the very few attorneys ranked as top-tier FCPA experts; he was also named by Ethisphere at the top of their FCPA 2009 list of Attorneys Who Matter.

Mr. Dickinson also represents political risk insurance entities dealing with coverage issues, arbitration of disputes, and recovery activities.  He has worked on major infrastructure projects in the Middle East and Asia and has represented foreign governments in matters involving public international law; including treaty rights, expropriation, and sovereign immunity.

Mr. Dickinson was an adjunct professor of law at Georgetown University Law Center from 1983 to 1993.  He is currently a Professor from Practice at The University of Michigan Law School where he teaches Transnational Law and International Commercial Transactions, and is a founding faculty member of the International Transactions Clinic, which gives students practical experience in international law. He served as the chair of the ABA Section of International Law and Practice in 1997-1998, has served on the Executive Council of the American Society of International Law and serves as Director of the International Law Institute’s course on government integrity and anti-corruption initiatives.  Mr. Dickinson is chairman of the ABA's International Legal Resource Center, which provides global legal assistance in conjunction with the United Nations Development Programme.  He served as Co-Chair of the International Bar Association's Anti-Corruption Committee for 2012-2013.

Mr. Dickinson graduated from The University of Michigan law school in 1979 after completing his B.A. in 1975.  He also studied at The Hague Academy of International Law in the Netherlands and L'Université d'Aix-Marseille in France and spent a brief period as an extern in the Office of the Legal Adviser of the Department of State.  Following law school, he earned his LL.M. as a Jervey Fellow at Columbia University.  After finishing his LL.M. degree, Mr. Dickinson worked in the Legal Service of the Commission of the European Communities in Brussels, Belgium.  Mr. Dickinson then returned to Washington, D.C., where he entered private practice.


PRACTICE AREAS

Ms. Wang heads the firm’ s complex disputes and investigations in beijing. She focuses her practice on various kinds of dispute resolution matters, through commercial litigation, arbitration and negotiation. She also has substantial experience with cross- border investigations and compliance, particularly in connection with anti- corruption, state secrecy and data privacy protection, and fraud.

REPRESENTATIVE MATTERS AND CASES

Commercial Dispute Resolution

  • Lead counsel on advising various investment banks in a series of disputes in connection with their investments in China.Disputes related to joint venture disputes, fraud, misappropriation of assets, misrepresentations in IPO applications and post-acquisition warranty and indemnity claims.
  • Represented a leading investment bank in various disputes arising from toll road projects in China before CIETAC and several Chinese courts.Disputes were related to joint venture contracts, loan agreements, and financial fraud.
  • Advised a leading steel producer in a shareholder derivative lawsuit, and disputes arising from equity transfer and joint venture agreements. Disputes concerned allegations of misrepresentation, misappropriation of assets and fraudulent financial statements.

OTHER INFORMATION

Professional Background

Ms. Wang used to work with a major international law firm and focuses her practice on various kinds of dispute resolution matters.  She has extensive experience in successfully representing foreign corporations and their China entities in resolving their disputes through negotiations, arbitration or litigation.  She also has substantial cross-border experience with investigations and compliance, particularly in connection with state secrecy and data privacy protection, anti-corruption and fraud.  In particular, she has advised some of the most high- profile cases in China with respect to PRC information compliance.

Ms. Wang is a native Mandarin speaker and is fluent in English.


A partner in the Litigation Department, Mark Mendelsohn is co-chair of the Anti-Corruption & FCPA Group, and a member of the White Collar and Regulatory Defense, Internal Investigations, and Securities Litigation Practice Groups. Prior to joining Paul, Weiss, Mark served as the deputy chief of the Fraud Section of the Criminal Division of the United States Department of Justice (DOJ), and is internationally acknowledged and respected as the architect and key enforcement official of DOJ’s modern Foreign Corrupt Practices Act (FCPA) enforcement program.

Mark’s practice emphasizes white collar matters, internal corporate investigations, and compliance counseling. He regularly represents clients in FCPA and corruption-related internal investigations, designing and implementing compliance programs, transactional anti-corruption diligence, and responding to and defending against government investigations, prosecutions, and trials on behalf of both business entities and individuals.

As deputy chief of the Fraud Section from 2005 to 2010, Mark was responsible for overseeing all DOJ investigations and prosecutions under the FCPA, and for supervising a team of trial attorneys with respect to investigations and prosecutions of a wide variety of federal white collar crimes including money laundering, mail and wire fraud, procurement fraud, Arms Export Control Act and International Traffic in Arms Regulations (ITAR) violations, and violations of economic and trade sanctions laws and regulations, including with respect to the United Nations Oil for Food Program. During his tenure, Mark handled hundreds of voluntary disclosures of illicit corporate payments, worked closely with attorneys in the Division of Enforcement at the U.S. Securities and Exchange Commission, helped establish and worked closely with the Federal Bureau of Investigation’s FCPA squad at the Washington Field Office, negotiated numerous corporate plea, deferred and non-prosecution agreements on behalf of DOJ, and participated in the appointment of, interaction with, and reporting by more than 16 corporate compliance monitors. Mark led an effort to forge closer working relationships with foreign regulators in connection with transnational bribery cases, resulting in coordinated settlements with the Munich Public Prosecutor in Germany in the Siemens prosecutions and coordinated settlements with the U.K.’s Serious Fraud Office in the BAE and Innospec prosecutions, among others. Mark was also responsible for  administering DOJ’s FCPA Opinion Release Procedure, including issuing the seminal opinion on FCPA transactional diligence and successor liability (Op. Rel. 08-02).

In addition to case-related responsibilities, Mark had significant policy responsibilities, including principal policy responsibilities related to the Organisation for Economic Co-operation and Development (OECD) Anti-bribery Convention. As a member of the U.S. delegation to the OECD Bribery Working Group, Mark served as a lead examiner for the follow-up review of Japan’s implementation of the OECD Anti-bribery Convention, played a key role in peer review of the United Kingdom including consultation regarding its Bribery Act of 2010, negotiated the 2009 Anti-Bribery Recommendation, and played a leading role in the drafting and adoption of the OECD’s “Good Practice Guidance on Internal Controls, Ethics and Compliance.”

During his tenure administering the DOJ’s FCPA enforcement program, the DOJ brought more than 50 prosecutions against corporations for violations of the FCPA and related offenses, resulting in more than $1.5 billion in criminal penalties. During that same period, DOJ brought approximately 80 prosecutions against individuals. Among the notable prosecutions were the following: U.S. v. Siemens AG, et al.; U.S. v. Kellogg Brown & Root, LLC and U.S. v. Albert “Jack” Stanley; U.S. v. Congressman William J. Jefferson; U.S. v. BAE Systems plc; U.S. v. Baker Hughes, et al.; U.S. v. Titan Corp.; U.S. v. Statoil ASA; U.S. v. Monsanto; Lucent Technologies, Inc.; U.S. v. Willbros Group, Inc., et al.; U.S. v. Christian Sapsizian, et al.; U.S. v. Viktor Kozeny and Frederick Bourke, Jr.; U.S. v. Gerald and Patricia Green; U.S. v. Innospec, Inc.; and U.S. v. Daimler AG.

Prior to joining the Fraud Section, Mark was senior counsel in the DOJ’s Computer Crime and Intellectual Property Section in Washington, D.C., and prior to that served for nearly six years as an assistant U.S. attorney in the U.S. Attorney’s Office in the Southern District of New York. During his service with the U.S. Attorney’s Office, Mark tried numerous cases to verdict and argued several appeals before the United States Court of Appeals for the Second Circuit. As a federal prosecutor, Mark was a recipient of the Attorney General’s Award for Distinguished Service for the “Investigation into Corrupt Payments by Siemens AG,” and a recipient of the Assistant Attorney General’s Award for “The Safeguarding and Maintenance of Confidence in the American Marketplace.” Mark has been recognized by Ethisphere Institute in 2011 as a “Top Gun” among “Attorneys Who Matter,” in 2009 as a “Government Star” among “Attorneys Who Matter In Corporate Compliance,” and in 2007 and 2008 as one of the “100 Most Influential People in Business Ethics.” Mark has been selected to Lawdragon “500 Leading Lawyers in America” numerous times. Mark is also ranked by Chambers for his work as an FCPA practitioner.

Mark has spoken frequently as a faculty member, panelist and keynote speaker at numerous FCPA, anti-corruption, corporate compliance, securities fraud, money laundering, and white collar crime programs and conferences. He teaches International Criminal Law as a visiting professor at the University of Virginia School of Law and has also been an adjunct lecturer-in-law at Columbia Law School. Mark is member of the Edward Bennett Williams Inn of Court and a member of the Board of Directors of Transparency International-USA.


Cheryl Scarboro, formerly an Associate Director in the SEC’s Division of Enforcement and the first Chief of the SEC’s FCPA Unit, is a Partner in the Washington, D.C. office of Simpson Thacher & Bartlett LLP and a member of the Firm’s Government and Internal Investigations Practice. She represents corporations, financial institutions and individuals in government investigations and other regulatory enforcement proceedings. Cheryl handles sensitive internal investigations on behalf of management, boards, and special committees, and routinely counsels clients on compliance programs, SEC reporting, disclosure and corporate governance requirements. 

Selected representations include:

  • Representation of a former employee of a mining company in an action brought by the SEC alleging accounting violations relating to the value of a project in Africa. 
  • Special Litigation Committee of a Fortune 50 company in an internal investigation related to the Company’s handling of allegations of sexual harassment;
  • Global telecommunications company in an SEC/DOJ inquiry regarding alleged payments to government officials in various countries;
  • Various senior executives in connection with SEC/DOJ investigations into potential FCPA violations;
  • Large Asian company in connection with SEC investigation of potential FCPA violations;
  • Special committee of a large Chinese company in an independent review of allegations of fraud; and
  • Major mining consortium in South America in connection with the design and implementation of an enhanced anti-corruption program.

She is recognized as one of the “25 Most Influential Women in Securities Law” by Law360, and is consistently listed in the “Top 250 Women in Litigation” by Benchmark Litigation where market commentators describe her “huge place in the FCPA world”; “She was the leader of the SEC in the FCPA field and brings a wealth of experience to the table.” Cheryl was also recently named to Savoy Magazine’s “2018 Most Influential Black Lawyers” list. In addition, Cheryl was named to the “Enforcement 40” by the Securities Enforcement Forum, she is consistently recommended by The Legal 500 in white collar, and was named a National and Washington, D.C. “Litigation Star” by Euromoney's Benchmark Litigation in white collar.

She earned her J.D. from Duke University School of Law in 1989 and her B.A. from University of Alabama in Huntsville in 1986.

 

 


Joel M. Cohen, a trial lawyer and former federal prosecutor, is Co-Chair of Gibson Dunn’s White Collar Defense and Investigations Group, and a member of its Securities Litigation, Class Actions and Antitrust Practice Groups. Mr. Cohen has been lead or co-lead counsel in 24 civil and criminal trials in federal and state courts. Mr. Cohen is equally comfortable leading confidential investigations, managing crises or advocating in court. Mr. Cohen’s experience includes all aspects of FCPA/anticorruption issues, insider trading, cross-border tax issues, securities and financial institution litigation, class actions, sanctions, money laundering and asset recovery, with a particular focus on international disputes and discovery.

Mr. Cohen was the prosecutor of Jordan Belfort and Stratton Oakmont, which is the focus of “The Wolf of Wall Street” film by Martin Scorsese. He was an advisor to the OECD in connection with the effort to prohibit corruption in international transactions and was the first Department of Justice legal liaison advisor to the French Ministry of Justice. Mr. Cohen is rated in Chambers, where practitioners and clients have noted that he has “incredibly strong substantive depth melded with a risk-based practicality,” “strong trial skills and handling of large-scale investigations,” and praised his ability to “handle very intense, complex matters with regulatory authorities and really just deliver great results.” Mr. Cohen has been repeatedly named a leading white collar criminal defense attorney by The Best Lawyers in America©, a “Litigation Star” national Top 100 Trial Lawyer by Benchmark Litigation, an “MVP” by Law360, one of the world’s leading practitioners in White Collar Crime in Euromoney’s Expert Guides – White Collar Crime, a “Super Lawyer” in Criminal Litigation, and his work is noted by Legal 500 in the areas of white collar criminal defense and securities litigation. In addition, The American Lawyer named Mr. Cohen as one of its Litigators of the Week after winning a jury defense verdict in an insider trading case on behalf of Nelson Obus, general partner of Wynnefield Capital.

Mr. Cohen was featured in The American Lawyer’s 2016 award of “White Collar/Regulatory Law Firm of the Year” to Gibson Dunn for his Obus trial victory. Noting that his client was “in awe” of his trial and cross examination skills, The American Lawyer linked the trial victory with the SEC’s decision days after the defense verdict to avoid jury trials and seek administrative actions in the future.


Raja is responsible for oversight of the company’s Compliance program, including Financial Crimes Compliance, as well as other global risk responsibilities.  He also participates in Tishman Speyer’s Investment and Management Committees.

Raja previously worked at Morgan Stanley for ten years as the Global Head of the Anti-Corruption Group, the Global Head of Special Investigations, and the Firm’s Global Franchise Committee Officer.

Prior to joining Morgan Stanley, Raja was a prosecutor for ten years, most recently at the Department of Justice, Criminal Division, Fraud Section, in Washington, DC.  Raja also served as an Assistant District Attorney at the New York County District Attorney's Office.


With more than a dozen years of experience focused on white-collar cases, Charles Duross has overseen FCPA investigations relating to business in more than 50 countries around the world.  His practice is focused on white-collar criminal matters, including internal corporate investigations, compliance counseling, due diligence regarding third parties and business transactions, and defense of clients before government enforcement agencies. In addition, as a veteran trial attorney, Chuck has a proven track record in the courtroom in high-profile, high-stakes trials.

As the former Deputy Chief in the Fraud Section in the Criminal Division of the U.S. Department of Justice, Chuck led the FCPA Unit and was in charge of all of the DOJ’s FCPA investigations, prosecutions and resolutions in the United States. In that role, Chuck was internationally recognized for developing and implementing the government’s FCPA enforcement strategy and was widely credited with developing the current enforcement regime. Under his leadership, the FCPA Unit resolved more than 40 corporate cases resulting in approximately $1.9 billion in monetary penalties, and secured convictions of more than two dozen business executives and money launderers.

Once dubbed “Mr. FCPA,” Chuck has been repeatedly recognized by the Ethisphere Institute’s “Attorneys Who Matter” list, including most recently as a “Top Gun” based upon his expertise and experience. He has also been recognized by Chambers USA, Law360, The Legal 500 US, the Washington Post and the Washington Business Journal for his work on FCPA matters.

Chuck is an adjunct professor at Georgetown University Law Center where he teaches trial advocacy, and he has been a guest lecturer on foreign corruption issues at Harvard Law School’s Program on the Legal Profession, the University of Michigan’s Law School and Ross School of Business, and Fordham Law’s Louis Stein Center for Law and Ethics.


James J. Benjamin Jr., a leader of Akin Gump’s securities enforcement and litigation practice group, represents institutional and individual clients in a wide variety of government and regulatory investigations and litigation. He has served as lead counsel in numerous internal investigations and has conducted numerous jury trials. He has been recognized as a leading lawyer by Chambers USA: America’s Leading Lawyers for Business in the areas of white-collar crime and government investigations.  Before joining Akin Gump, Mr. Benjamin served for more than five years as a federal prosecutor in the U.S. Attorney’s Office for the Southern District of New York, where he served as deputy chief appellate attorney and as a member of the Securities and Commodities Fraud Task Force. Mr. Benjamin previously served as a law clerk at the U.S. Supreme Court for Justices Lewis F. Powell Jr. and John Paul Stevens. He received his A.B. magna cum laude in 1987 from Dartmouth College, where he was a member of Phi Beta Kappa, and he earned his J.D. with honors in 1990 from the University of Virginia School of Law, where he was the research and projects editor of the Virginia Law Review.


Kimberly A. Parker is a partner at Wilmer Cutler Pickering Hale and Dorr in Washington.  Ms. Parker co-leads the firm’s Foreign Corrupt Practices Act (FCPA) and Anti-Corruption Practice.  She has represented companies and individuals in a variety of FCPA enforcement matters, including defense company Armor Holdings in its July 2011 FCPA settlement involving conduct related to the United Nations, oil driller Helmerich & Payne in its July 2009 FCPA involving payments to customs officials in Argentina and Venezuela, and the Titan Corporation in its landmark 2005 FCPA case.  She has conducted internal investigations in the United States, Asia, Africa, Europe, and Latin America.  She regularly counsels clients on FCPA compliance, assists in developing and conducting FCPA training and compliance programs, and conducts anti-corruption due diligence and risk assessments.  In addition to co-authoring several articles on the FCPA, Ms. Parker is a co-author, with Roger M. Witten, Jay Holtmeier, and Erin Sloane of the firm’s New York office, of a leading treatise in the field, Complying with the Foreign Corrupt Practices Act.  Ms. Parker is ranked for FCPA work in Chambers USA: America's Leading Lawyers in Business.


Harry Chernoff has been an Assistant United States Attorney in the Southern District of New York, Criminal Division, since 2002. He currently serves as Senior Litigation Counsel in the Office’s Securities and Commodities Fraud Task Force. He has investigated and prosecuted offenses that include securities fraud, money laundering, racketeering, tax evasion, violations of the Foreign Corrupt Practices Act (AFCPA@), violations of the International Emergency Economic Powers Act (AIEEPA@), terrorism, and murder.

Among the cases Mr. Chernoff has tried to verdict for the Government are the following: in 2013, United States v. Michael Steinberg, in which the defendant, a portfolio manager at the hedge fund SAC Capital, was convicted of insider trading; in 2012, United States v. Joseph Collins, in which the defendant, a partner at an international law firm and outside counsel to Refco, Inc., was convicted of securities fraud in a re-trial; in 2010, United States v. Ahmed Ghailani, in which the defendant, the only Guantanamo Bay detainee to be tried in an Article III court to date, was sentenced to life in prison for his participation in Al Qaeda=s 1998 bombing of American embassies in Kenya and Tanzania. In 2011, Mr. Chernoff received the Attorney General=s Distinguished Service Award, the Justice Department’s second-highest annual award.

Mr. Chernoff’s work in the FCPA area includes the 2013 prosecution of several employees of a Wall Street brokerage who pled guilty in connection with the payment of kickbacks to a Venezuelan development bank official who directed trading business to the defendants. In 2009, Mr. Chernoff was selected by the American Lawyer as a A Litigator of the Week@ for his representation of the Government in United States v. Frederic Bourke, in which the defendant, an investor in Azerbaijani privatization, was convicted at trial of conspiracy to violate the FCPA. Mr. Chernoff also argued the subsequent appeal for the Government, United States v. Viktor Kozeny.

Mr. Chernoff previously practiced at Davis Polk & Wardwell in New York and was a law clerk to the Honorable Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit. Prior to entering law school, Mr. Chernoff served as a legislative assistant to then-U.S. Representative Charles Schumer of New York and was an Urban Fellow in the Office of the Mayor of the City of New York. Mr. Chernoff is a graduate of Harvard Law School and Harvard College, and he was a visiting student at the University of Delhi, India. He has lectured around the United States and abroad on the FCPA, securities fraud, terrorism, and other criminal law topics.


Rob deButts is a Vice President in the Goldman, Sachs & Co. Financial Crime Compliance group, engaged principally on anti-bribery matters. He also has worked in the firm’s Business Intelligence Group. Prior to joining Goldman Sachs, he practiced law in the corporate, banking and business department at Fulbright & Jaworski L.L.P., most recently as senior counsel. Rob earned a B.A. in History from Yale University and a J.D. from the University of Virginia.


Stephen Zimmermann is the Director of Operations for the World Bank Integrity Vice Presidency (INT).  Mr. Zimmermann directs a multi-disciplinary team of lawyers, investigators, forensic accountants, analysts and anti-corruption experts charged with detecting, investigating, sanctioning and preventing fraud and corruption in Bank-financed activities around the world.  Since assuming his position, he has had a leading role in developing and implementing an expanded strategy for the World Bank’s integrity agenda, including the introduction of negotiated resolutions of investigations, reforms to the World Bank’s sanctions process, expansion of joint investigations with national authorities, introduction of restitution and enhancements to the Voluntary Disclosure Program.  In addition, he led efforts to reach a historic Cross-Debarment Agreement signed by the World Bank and four leading regional Multilateral Development Banks for mutual enforcement of sanctions decisions. 

Prior to joining the World Bank Group, Mr. Zimmermann was the first former Chief of the Office of Institutional Integrity for the Inter-American Development Bank where he led the creation of the –then- new unit and its positioning in the Latin America region and the global anticorruption community. He also has served as the interim Chief of Staff for the Independent Inquiry Committee into the United Nations Oil for Food Program.  Mr. Zimmermann has previously worked as the Senior Policy Officer and Senior Counsel for the World Bank’s Department of Institutional Integrity, the predecessor to the Integrity Vice Presidency.
 
From 1991 until 1999, Mr. Zimmermann was an Assistant United States Attorney in the District of Maryland. During his tenure as a federal prosecutor, he successfully prosecuted numerous complex cases involving corruption, financial fraud, tax evasion, health care fraud, securities fraud, and money laundering. He has worked closely with major federal law enforcement agencies, as well as prosecuting offices overseas.

Prior to joining the United States Attorney’s Office, Mr. Zimmermann worked as an attorney with Wilmer, Cutler & Pickering. His practice involved matters involving securities fraud, white-collar criminal matters and a variety of commercial civil litigation.


Tim Coleman is a partner in the Washington, D.C. office of Freshfields Bruckhaus Deringer. He handles government investigations and related litigation, with a focus on international cases. Tim's career spans more than two decades, including eight years with the U.S. Department of Justice. As a federal prosecutor in the Southern District of New York, he specialized in white-collar crime, and was a member of the U.S. Attorney's Securities and Commodities Fraud Task Force. As Senior Counsel to the Deputy Attorney General of the United States in Washington, he was responsible for the President's Corporate Fraud Task Force. Before joining Freshfields, Tim was co-chair of the white-collar practice at one of the largest global law firms based in New York. He has testified before the U.S. Congress, and his views on white-collar crime issues have appeared in the Wall Street Journal, the Financial Times and other leading publications.


William F. McGovern focuses his practice on international commercial disputes, international regulatory and criminal investigations, as well as matters involving worldwide asset-tracing and international judgment enforcement.  Mr. McGovern regularly represents private and institutional clients in U.S. government investigations into allegations concerning securities law violations, antitrust, Foreign Corrupt Practices Act ("FCPA"), money laundering, corporate accounting fraud, and various other laws with international applications. In addition, Mr. McGovern often conducts confidential internal investigations on behalf of executive boards and committees of international public and private companies.

Mr. McGovern has been globally ranked in leading professional directories, including Chambers Asia Pacific, as “an efficient, highly intelligent, and solution-oriented practitioner.”  He is regularly called upon to lecture about and publish in the areas of cross-border government enforcement, as well as the global regulatory climate with a particular emphasis on the interaction between the U.S. and Asia.

Prior to joining Kobre & Kim, Mr. McGovern worked as a senior litigator and Executive Director for Morgan Stanley in Asia and the U.S.  As a member of the Regulatory Group at Morgan Stanley, managed a team of lawyers based in Hong Kong, Sydney, Tokyo and Mumbai.  He regularly represented Morgan Stanley in regulatory investigations and established and implemented enhanced compliance policies and procedures that were required by their regulators as part of various settlements.  Earlier in his career, Mr. McGovern served as Branch Chief in the Enforcement Division of the U.S. Securities and Exchange Commission in Washington DC and New York, and as an Assistant District Attorney in New York.


Erich Grosz is a counsel with Debevoise & Plimpton LLP whose practice focuses on white collar criminal defense, internal investigations, compliance advice, and complex commercial litigation.  He has represented companies and individuals in criminal, civil, and SEC investigations and enforcement proceedings involving allegations, among others, of violations of the U.S. Foreign Corrupt Practices Act, securities and accounting fraud, and employee misconduct.  He also regularly advises companies on compliance risks, policies, and procedures.  Mr. Grosz is also the co-managing editor of FCPA Update, the firm's monthly newsletter addressing developments in anti-corruption law enforcement and related compliance topics.  Prior to joining the firm, Mr. Grosz served as a law clerk to the Honorable Alvin K. Hellerstein, U.S. District Court for the Southern District of New York, and to the Honorable Chester J. Straub, U.S. Court of Appeals for the Second Circuit.


Mr. Rowsey is the Chief Executive Officer of Compatriot Capital, Inc., a real estate investment company based in Dallas, Texas.  Prior to joining Compatriot, he was a founder and the managing partner of E2M Partners, LLC, a sponsor and manager of private real estate equity funds, and an affiliate of Compatriot. Mr. Rowsey continues to serve as Chairman of E2M. He previously served as a member of the Board of Trust Managers of Crescent Real Estate Equities Company, a real estate investment trust, and as currently serves as Non-Executive Chairman of the Board of Directors and Chairman of the Nominating and Governance Committee of Ensco plc, (NYSE: ESV), an international offshore oil field service and drilling company based in London.  Mr. Rowsey is a member of the Board of Directors of Powdr Corporation, one of the largest alpine resort and outdoor sports companies in the United States, KDC Holdings, a national real estate investment and commercial development firm, Village Green Holding, a multi-family housing management and investment firm, JLB Partners, a national multi-family development and construction firm, and Amicus Investors, an investment firm focused on higher education infrastructure. He also serves on the Board of Trustees of the Highland Park Independent School District and is past Chairman of The Real Estate Council.  Mr. Rowsey is a magna cum laude graduate of Duke University and a cum laude graduate of the Southern Methodist University School of Law.