
Bradley A. Marcus
Partner
Biography
Bradley A. Marcus, Partner in the Washington, D.C., office of Buckley LLP, is a white collar and complex civil litigator with over 15 years of experience representing corporate and individual clients in high-stakes civil and criminal enforcement actions and investigations, with a particular focus on matters involving the Foreign Corrupt Practices Act (FCPA) and cross-border issues. Mr. Marcus also has extensive experience representing clients facing complex issues in federal and state courts throughout the United States, including in multidistrict litigation and the parallel and related civil proceedings that often stem from criminal or regulatory investigations.
Mr. Marcus’ practice includes performing case investigations, developing successful case themes, strategies, and defenses, and preparing and defending key witnesses. Mr. Marcus has significant experience managing complex litigation, handling pre-trial motions, including overseeing successful summary judgment and motion to dismiss briefings, taking and defending critical fact and expert depositions, and managing complex and cross-border e-discovery matters.
In the past few years, Mr. Marcus has been involved in a number of cutting-edge cases in the FCPA arena spanning a variety of industries, including financial services, gaming, telecommunications, and commodities trading. Some recent work includes:
- Universal Entertainment Corp., a large Japanese gaming manufacturer, and its subsidiary, Aruze USA, Inc., in FCPA-related litigation brought by Wynn Resorts Ltd., as well as in related parallel matters. The case involved one of the first examples of a private party using allegations of FCPA violations as an affirmative weapon to gain an upper hand in an unrelated contract dispute. After six years of litigation – during which the parties produced millions of documents, argued more than a dozen appeals and scores of motions, and took nearly 100 depositions – Wynn Resorts agreed to pay $2.6 billion to our clients just a month before trial
- Ongoing representation of former senior oil trader of an international commodities trading company in connection with FCPA investigation being conducted by the DOJ into activities in Africa, and related parallel investigation by UK’s Serious Fraud Office
- Ongoing representation of former senior executive of an international commodities trading company in connection with foreign bribery and market manipulation investigations being conducted by the CFTC and DOJ
- Former executive at an international telecommunications company in connection with FCPA being conducted by the DOJ into activities in China
- Former senior executive at an international bank’s Asian office in connection with SEC and DOJ’s “Sons and Daughters” FCPA investigation, which concerned the bank’s hiring of interns who were family members of foreign government officials and bank customers
Other non-FCPA recent representations include:
- Amicus counsel for National Association of Criminal Defense Lawyers in USA v. Dubin, No. 19-50912, in the United States Court of Appeals for the Fifth Circuit, arguing in support of reversal of appellee’s aggravated identity theft conviction
- Ongoing representation of a former executive of a global fruit company in multidistrict litigation involving claims under the Torture Victim Protection Act and Colombian law. Cases pending both in the MDL court (S.D. Florida) and the United States Court of Appeals for the Eleventh Circuit
- Ongoing representation of former derivatives trader of an international commodities trading company in connection with market manipulation investigations being conducted by the CFTC and DOJ
- Successful representation of lender in trial court and on appeal in connection with qui tam action brought under the Florida False Claims Act against a lender and others for the recovery of allegedly unpaid documentary stamp taxes associated with certain assignments of mortgage notes. Stevens v. State of Florida, No. 1D13-1206, 127 So.3d 668, 2013 WL 6097312 (Fla. App. 1 Dist. November 20, 2013)
- Representation of Chapter 7 Trustee of IndyMac Bancorp in the investigation of the financial affairs and failure of the debtors and the prosecution of claims against certain former directors and officers
Prior to joining Buckley, Mr. Marcus was an Associate at Skadden, Arps, Slate, Meagher and Flom, LLP. He received his J.D. from the University of Baltimore School of Law (summa cum laude), where he graduated first in his class, and his B.A. from the University of Maryland, College Park. From 1999 to 2002, Mr. Marcus covered Navy football and men’s college lacrosse as a reporter for the Washington Times.
In The News
Buckley promotes six to partner
WASHINGTON, DC (Feb. 8, 2022) – Buckley LLP announced that it promoted Ali Abugheida, Bradley Marcus, Ryan Pollard, Sherry-Maria Safchuk, Scott Sakiyama, and Jay Williams to partner from counsel. “These six lawyers, from four of our offices, have consistently provided outstanding service and...
Press Releases
Publications
"Defending attorneys against extortion charges presents unique challenges" by Bradley A. Marcus (Business Crimes Bulletin)
Although the criminal prosecution of lawyer misconduct is nothing new, the recent indictment of a plaintiffs’ lawyer in Maryland and sentencing of two plaintiffs’ lawyers in Virginia illustrate the particular danger to attorneys who arguably cross the line during negotiations with potential...
Articles"Watching Amazon—How a Hill investigation can morph into criminal inquiry" by Bradley A. Marcus (Bloomberg Law)
Amazon’s regulatory headache became a migraine in May when the House Committee on the Judiciary notified Amazon CEO Jeff Bezos that the company’s statements to Congress about its business practices “appear to be misleading, and possibly criminally false or perjurious.” The committee called on Bezos...
Articles"DOJ may face difficulties extraditing remaining defendants in international insider trading ring" by Bradley A. Marcus
The ongoing prosecution in Manhattan of seven defendants in an international insider trading scheme will test the government’s ability to bring international defendants within U.S. jurisdiction. While the government has, at this point, secured two guilty pleas and a conviction, it is unclear...
Buckley Commentary & Analysis"DOJ corporate enforcement guidelines are placing individual defendants between a rock and a whirlpool" by David S. Krakoff and Bradley A. Marcus (Business Crimes Bulletin)
For companies suspected of wrongdoing, cooperating with Department of Justice (DOJ) investigations and selfdisclosing their misconduct often appears to be their only option to avoid prosecution and reduce large financial penalties. But, these benefits often come at a price, especially to company...
Articles"It may help to oppose discovery stay in parallel proceedings" by David S. Krakoff, Adam Miller, and Bradley A. Marcus (Law360)
Representing a client in parallel civil and criminal proceedings is fraught with peril at every strategic turn. Decisions in each case can significantly affect the other, often in unpredictable ways. One piece of conventional wisdom for attorneys representing such clients is to support motions by...
Articles
Education
- J.D., University of Baltimore, 2006 (summa cum laude)
- B.A., University of Maryland, College Park, 2001
Admissions
- District of Columbia
- Maryland
- U.S. District Court, District of Maryland
- U.S. Court of Appeals for the Eleventh Circuit