Bradley A. Marcus is a white collar and complex civil litigator with over a decade 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. As Counsel in the Washington, D.C., office of Buckley LLP, 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 oil & gas. Some recent clients include:
- Universal Entertainment Corp., a large Japanese gaming machine manufacturer, its subsidiary, Aruze USA, Inc., and CEO in FCPA-related litigation brought by Wynn Resorts Ltd., and in related parallel domestic and foreign enforcement actions. The case represented one of the first examples of a private party alleging FCPA violations as a method to gain the upper hand in a battle for corporate control
- Former senior executive at an international bank’s Asian office in connection with Securities and Exchange Commission (SEC) and Department of Justice (DOJ) “Sons and Daughters” FCPA investigation, which concern the bank’s hiring of interns who were family members of foreign government officials and bank customers
- Multiple individuals across various industries and countries in ongoing FCPA investigations
Other non-FCPA recent representations include:
- 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
- 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 individuals in a variety of enforcement matters and litigation across industries involving allegations of wire fraud, accounting fraud, and environmental crimes
- Pro bono representation of autistic young man in lawsuits against the Virginia Department of Corrections (VDOC), Rappahannock Regional Jail, and various individuals, for the serious harm caused by the cruel and inhumane conditions of client’s incarceration, including extensive periods of solitary confinement
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.
"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, Nadav Ariel, 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
- J.D., University of Baltimore, 2006 (summa cum laude)
- B.A., University of Maryland, College Park, 2001
- District of Columbia
- U.S. District Court, District of Maryland
- U.S. Court of Appeals for the Eleventh Circuit