National Security Investigations and Litigation Task Force

• Successfully performed a comprehensive investigation for the audit committee and executive management of a global payment operator regarding compliance with OFAC trade sanctions in Iran, Syria, Libya and Cuba. Analyzed anti-money laundering and trade sanctions policies and procedures and conducted a forensic examination of books and records.
• Represented a high-level executive and owner of a major shipping company in an FCPA investigation conducted by Brazil and the DOJ where charges were brought against others, but the investigation was closed without further action related to our clients.
• Represented a market-leading energy company when the due diligence surrounding an anticipated acquisition brought concerns of possible FCPA violations committed by a former foreign agent of a successor entity. We verified the integrity of the client’s operations and made recommendations to enhance the company’s controls as the transaction moved forward.
• Represented a multinational company in an acquisition of foreign subsidiaries with pre-existing FCPA violations. In addition to providing advice concerning the legal ramifications of the transaction, the team investigated and analyzed the economic impact of improperly obtained contracts on the current and future financial performance of the acquired subsidiaries.
• Defended a Department of Defense contractor in a post-data breach matter involving access and acquisition of personally identifiable information and sensitive U.S. State Department data that led to the disclosure of the breach within the U.S. and other countries worldwide.
• Defended an avionics firm involving the unauthorized access of data and exfiltration of $70 million worth of trade secrets where the trade secrets were disclosed to competitors.
• Defended a Department of Defense contractor involving the acquisition of sensitive military data by a nation-state actor and limiting NCIS access and scope of review of the client’s database.
• Counseled multinational companies on various sanctions-related issues and assisted a company with relocation of offices from Russia in light of OFAC sanctions.
• Represented a publicly traded aerospace company relating to an FBI international investigation involving alleged ITAR violations.
• Conducted internal investigation for defense contractor and defended contractor in DOJ investigation which resulted in a declination of prosecution.
• Conducted internal investigation for multinational aerospace and defense technology company concerning FCPA compliance issues.
• Served as the independent examiner of the Bank of New York, under a nonprosecution agreement imposed by the Department of Justice (DOJ) for systematic failure to comply with the U.S. Bank Secrecy Act and related anti-money­laundering and know-your-customer laws; conducted detailed forensic management and operational assessments; and recommended and implemented enhancements of internal controls, customer and account onboarding and verification processes, training, and compliance policies and procedures.
• Representation of a federal defense contractor as the victim in criminal and national security investigations relating to nation-state cyberattacks targeting export-controlled intellectual property.
• Investigation of nation-state advanced persistent cyberattacks on a global business technology and Internet infrastructure company.
• Defended global technology company in theft of trade secrets case involving recruitment of a competitor’s Internet technology development team and alleging more than $1 billion in damages.
• Represented a military defense contractor in a federal grand jury investigation, resulting in the declination of criminal charges by the U.S. Attorney’s Office for the District of New Jersey.
• Represented an executive in the DOJ’s FCPA investigation of Rolls-Royce and its employees. Obtained an almost-unheard-of sentence of probation for our client, who was prosecuted for paying significant bribes to foreign officials under the FCPA.
• Represented a senior government official in Iqbal v. Ashcroft involving constitutional and statutory challenges to the detention policies following the September 11 terrorist attacks, resulting in favorable U.S. Supreme Court ruling on the pleading standards required to bring actions in federal court.

Government Experience

• Appointed commissioner pursuant to Mutual Legal Assistance Treaties and assisted foreign law enforcement officials in international corruption prosecutions in the U.S.
• Served as lead nationwide prosecutor in “Operation Hot Money,” a notable three-year FBI and IRS money laundering, tax evasion and fraud investigation of numerous offshore banks and their related correspondent banks in the U.S. Coordinating the efforts of dozens of federal agents and prosecutors from the DOJ Tax Division in Washington, D.C., and U.S. Attorneys’ Offices in New York, Miami, New Jersey and elsewhere, the investigation of more than 1,500 individuals and corporations resulted in the collection of hundreds of millions of dollars in unpaid taxes, penalties and fines. Highlighted by The New York Times for its “unprecedented insight into banking in the Cayman Islands,” the case served as the catalyst for major hearings on tax evasion and money laundering by the U.S. Senate’s Permanent Subcommittee on Investigations. In recognition of bringing one of the largest offshore tax evasion cases in history, the U.S. Attorney General personally recognized this work with the distinguished Director’s Award.
• First U.S. prosecution of foreign hackers for theft of trade secrets from American companies. Coordinated three-year multinational investigations and successful prosecutions of international hacking and data theft ring that breached the networks of a leading global technology company, various software supply chain companies and the U.S. Army, stealing thousands of identities and intellectual property valued in the billions of dollars.
• Convicted a foreign member of an international cybercrime organization of cybertheft, cracking and distribution of more than $100 million in commercial software owned by more than 200 technology companies to buyers in 28 states and more than 60 countries.
• Convicted chief scientist of a defense and law enforcement contractor of cybercrime conspiracy involving use of cracked software obtained from international cybercriminals to design components used in Marine One presidential helicopters, Blackhawk helicopters, Patriot missiles, police radar and breath analysis equipment.
• Supervised and handled numerous investigations and prosecutions for sanctions, export controls and money laundering offenses, involving individuals and corporate entities around the world, including under the International Emergency Economic Powers Act (IEEPA), the Export Control Reform Act (ECRA), the Arms Export Control Act (AECA), the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR). Collaborated with U.S. and foreign regulators, including the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), and the UK National Crime Agency.
• Brought many of the first and most significant corporate and individual investigations and prosecutions under Task Force Kleptocapture and the Disruptive Technology Strike Force, resulting in criminal and regulatory action against companies, CEOs, foreign intelligence officers and sanctioned entities around the world, as well as the seizure of tens of millions of dollars, cryptocurrency, real estate and other property.
• Investigated and directed the law enforcement response to sophisticated and transnational cyberattacks, primarily involving foreign nation-state actors.
• Handled the FARA investigation and prosecution of a foreign intelligence agent operating in the New York area. The defendant was convicted of all counts after trial.
• Secured one of the nation’s first terrorism and money laundering convictions against a financier who used cryptocurrency to launder money for terrorist groups overseas.
• Successfully defended the U.S. in landmark NAFTA litigation, was lead counsel for the Overseas Private Investment Corporation in claims against the Islamic Republic of Iran, and defended numerous federal agencies in a wide range of lawsuits.
• Successfully led the first U.S. prosecution of Russian sectoral sanctions violations, resulting in the conviction, entity listing and debarment of several U.S. and foreign nationals and foreign corporations.
• Investigated and tried cases of trade secret theft, obtaining lengthy sentences for insiders who conspired to steal proprietary data from multiple aerospace companies.
• As the lead National Security prosecutor for the Southern District of Georgia, investigated and prosecuted cases under the Espionage Act and the Classified Information Procedures Act (CIPA), working closely with DOJ’s Office of International Affairs and numerous U.S. and foreign intelligence agencies.
• Worked with FBI and Japanese government officials to investigate a case of economic espionage and disclosure of classified information, which resulted in prosecution of the defendant in the Republic of Japan.
• Led SDGA’s global export control and sanctions practice. Supervised and conducted investigations into individuals, corporate entities and financial institutions for violations of export controls and sanctions, money laundering, securities fraud, corruption, and other offenses. Coordinated regularly with various DOJ components, the FBI, DOC, OFAC, the intelligence community and foreign governments.
• Selected as a member of the Disruptive Technology Strike Force, a multi-agency team created by the Departments of Justice and Commerce to prevent foreign adversaries from unlawfully acquiring highly sensitive U.S. origin technologies.
• Directed and supervised Department of Commerce undercover operations in the U.S. and overseas, which targeted foreign nationals and foreign corporations attempting to procure controlled U.S.-origin commodities for prohibited foreign government defense programs.
• Directed and supervised FBI undercover operations in the U.S. and overseas, which targeted officials engaged in public corruption and unregistered activity on behalf of foreign governments in violation of the Foreign Agents Registration Act (FARA).
• Trained Bureau of Industry and Security (BIS) and Defense Criminal Investigative Service (DCIS) Special Agents in counterproliferation and undercover operations.
• As a DOJ Computer Hacking and Intellectual Property (CHIP) attorney and National Security Cyber Specialist (NSCS), advised agents and federal prosecutors in the best methods of obtaining evidence pursuant to the Electronic Communications Privacy Act (ECPA), pen/trap statutes, and federal Wiretap Act.
• While serving as a Special Agent with the Naval Criminal Investigative Service (NCIS), coordinated classified investigations and operations involving multiple agencies and sensitive targets.
• As a Senior Instructor at the Federal Law Enforcement Training Center, trained new and experienced agents from over 90 federal law enforcement agencies in Intelligence Law, Military Law, Constitutional Law, Federal Court Procedures, and Interviewing/Interrogations.