One of the best trial lawyers in the city … a genuine lion of the white-collar Bar ... extremely thoughtful and imaginative in developing investigation and trial strategy ... unflinching in his willingness to try cases … one hell of a trial record.Chambers USA
David S. Krakoff
Partner
Biography
David Krakoff has established himself over the last 30 years as one of the nation’s leading trial lawyers and counselors for high-stakes criminal and complex civil litigation. Resident in Buckley LLP’s Washington, D.C., office and a member of the firm’s partner Board, Mr. Krakoff represents corporations and executives in all aspects of criminal, civil, and parallel enforcement matters with strategic advice, investigation, and advocacy before government agencies and trials.
Mr. Krakoff’s clients are investigated and prosecuted by the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Treasury Department, and other domestic and foreign enforcement agencies. They face prosecution for potential violations of the Foreign Corrupt Practices Act (FCPA), and the laws regulating securities enforcement, accounting fraud, public corruption, antitrust, tax health care, export control, False Claims Act (FCA), trade secrets, and the environment. In addition, his clients are often involved in high-stakes shareholder class action litigation. Mr. Krakoff has had primary trial responsibility in more than 50 cases.
Some of his noteworthy clients include:
- 2014-2018: 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 shortly before the start of trial
- 2012-2014: CEO/CFO of Noble Corporation, an oilfield services company, in an SEC enforcement action litigated in the United States District Court for Southern District of Texas. Following full discovery, the SEC voluntarily dropped six of seven claims and entered a favorable consent decree just before trial commenced
- 2010-2012: Owner and General Manager of a military arms company in DOJ’s largest FCPA prosecution of individuals. The prosecution involved the first sting operation in an FCPA case using video and wire surveillance and an undercover informant and agents. After a four-month trial in 2011-2012 ending in a hung jury, the court granted the DOJ's motion to dismiss all charges
- 2004-2012: Former Senior Vice President and Controller of Fannie Mae in parallel DOJ and SEC investigations and in related shareholder litigation. The matter involved alleged accounting errors reported in 2004 by the company’s regulator, the Federal Housing Finance Agency (FHFA), which resulted in a $6 billion restatement. Summary judgment and dismissal were granted in the securities fraud class action after full discovery over eight years completely exonerating Mr. Krakoff’s client of the highly-publicized allegations
- 2005-2009: Senior Vice President of W.R. Grace in a prosecution on charges of conspiracy to violate the Clean Air Act through the knowing endangerment of the townspeople of Libby, Montana by the alleged release of asbestos contaminating their air and homes. This was the DOJ’s largest and longest environmental crimes prosecution, which garnered national press attention due to the health impact on 300 residents of Libby. The prosecution was initiated nearly 40 years after the alleged conduct concluded. The three month trial ended in an acquittal on all counts
Mr. Krakoff is a recognized leader in the field of white collar and complex litigation. He is a Fellow in The American College of Trial Lawyers. Chambers USA has ranked him as a leading Litigation lawyer (2006-2020), and described him as "one of the best trial lawyers in the city … a genuine lion of the white-collar Bar ... extremely thoughtful and imaginative in developing investigation and trial strategy … He really knows his way around the court and the justice system. One of his greatest strengths is that he is unflinching in his willingness to try cases." Other accolades include: Legal 500 (2012, 2015-2020), which recognized him as the leader of “Buckley Sandler LLP’s ‘terrific’ team” that is “highly active in a number of regulated industries, with noted expertise in the financial services sector." Benchmark Litigation 2019 named him as a top practitioner in White Collar and General Commercial Litigation. In 2015 he was named a Law360 Trial Ace and a National Law Journal White Collar Trailblazer.
In addition to his experience in private practice, Mr. Krakoff served as an Assistant U.S. Attorney for the District of Columbia for 10 years.
Mr. Krakoff received his J.D. from Antioch School of Law and his A.B. from Dartmouth College.
One of the best trial lawyers in the city … a genuine lion of the white-collar Bar ... extremely thoughtful and imaginative in developing investigation and trial strategy ... unflinching in his willingness to try cases … one hell of a trial record.Chambers USA
In The News
Legal 500 2020 recognizes 21 Buckley attorneys in six practice areas
“Buckley attorneys are incredibly responsive while providing top quality legal services,” is how respondents described the firm in the 2020 edition of Legal 500, which ranked Buckley as a top law firm and recognized it in six categories:
- Corporate Investigations and White ...
Buckley recognized by Chambers USA as a “top-notch” firm in financial services and white collar work
Buckley has once again received top recognition in financial services regulation, white collar crime/government investigations, and fintech from Chambers USA, which ranks the country’s leading firms and lawyers in a range of practice areas based on research and client interviews....
AnnouncementsThe Legal 500 2019 recognizes 17 Buckley attorneys in five practice areas
The Legal 500 once again ranked Buckley as a top law firm and recognized it in five categories:
- Corporate Investigations and White Collar Criminal Defense: Corporate – Tier 4
- Corporate Investigations and White Collar Criminal Defense: Individuals – Tier 2 ...
Buckley recognized by Chambers USA as a “first-rate firm” in financial services; “crème de la crème” for White Collar practice
Buckley has once again received top recognition in financial services regulation and white collar crime/government investigations from Chambers USA, which ranks the country’s leading firms and lawyers in a range of practice areas based on research and client interviews.
In total...
AnnouncementsBuckley announces name and leadership changes
WASHINGTON, DC (Jan. 17, 2019) – Buckley Sandler LLP, a premier national law firm focused on financial services, white collar defense, and complex civil litigation, has changed its name to Buckley LLP and reorganized its governance structure and leadership team. The decision to shorten the firm’s...
Press ReleasesBenchmark recognizes Buckley Sandler litigation team; David Krakoff inducted into American College of Trial Lawyers
Benchmark Litigation has recognized Buckley Sandler as one of the nation’s top litigation law firms, awarding it a National Tier 1 ranking for its White Collar practice and deeming its District of Columbia litigation team “Highly Recommended” — Benchmark’s highest...
AnnouncementsThe Legal 500 2018 recognizes five practice areas and 17 attorneys at Buckley Sandler
Buckley Sandler LLP again has been noted as one of the nation’s top law firms by The Legal 500 in its 2018 rankings, with recognition in five practice areas:
- Financial Services: Litigation
- Financial Services: Regulation
- Corporate ...
Buckley Sandler recognized by Chambers USA as “an excellent firm” with “a fine stable of expert attorneys”
Buckley Sandler once again has received top recognition in financial services regulation and white collar crime/government investigations from Chambers USA, which ranks the country’s leading firms and lawyers in a range of practice areas by researching the firms and interviewing...
AnnouncementsHank Asbill Joins Buckley Sandler
WASHINGTON, DC (April 23, 2018) – Buckley Sandler LLP announced today that renowned trial lawyer Henry Asbill has joined the firm as a partner in its White Collar and Complex Civil Litigation practices. Asbill has obtained outstanding results for his clients for decades. He has successfully...
Press ReleasesBuckley Sandler secures $2.632 billion settlement for Universal Entertainment against Wynn Resorts
WASHINGTON, D.C. (March 8, 2018)—Buckley Sandler LLP represented Universal Entertainment Corporation and its subsidiary Aruze USA, Inc. in securing a $2.632 billion settlement that resolves a six-year lawsuit against Wynn Resorts, Limited. The settlement announced today will resolve all claims...
Press ReleasesBuckley Sandler Recognized by Chambers USA as an “Exceptional” Financial Services Regulation and White Collar Firm
Buckley Sandler has continued to receive top recognition in the areas of financial services regulation and white collar crime/government investigations from Chambers USA , which ranks the country’s leading firms and lawyers in a range of practice areas based on in-depth client interviews and peer...
In The NewsBest Lawyers in America Recognizes 11 Buckley Sandler Partners for 2018
Buckley Sandler is pleased to announce that 11 of its partners have been recognized by their peers for inclusion in Best Lawyers in America® 2018.
Partners Jeremiah S. Buckley,...
AnnouncementsThe Legal 500 2017 Recognizes Four Practice Areas and 20 Attorneys at Buckley Sandler
Buckley Sandler has again been cited as one of the nation’s top law firms by The Legal 500 in its 2017 rankings, with the recognition of four practice areas:
- Financial Services: Litigation
- Financial Services: Regulatory
- Cyber Law (Data Protection and ...
Best Lawyers in America Recognizes Eight Buckley Sandler Partners in 2017 List
BuckleySandler is pleased to announce that eight of its partners have been recognized by their peers for inclusion in Best Lawyers in America® 2017 in nine categories, and Jeremiah Buckley has been named a Lawyer of the Year in Litigation - Banking and Finance for Washington, DC. Partners Andrew L...
Press ReleasesLegal 500 Recognizes Four Practice Areas and 14 Attorneys at Buckley Sandler in 2016 Rankings
Buckley Sandler LLP has again been noted as one of the nation’s top law firms, with recognition of four practice areas by The Legal 500 in its 2016 rankings: Financial Services: Litigation Financial Services: Regulatory Technology: Data Protection and Privacy White-Collar Criminal Defense In...
In The NewsRenowned Trial Lawyer Preston Burton Joins Buckley Sandler
WASHINGTON, DC (June 1, 2016) – Buckley Sandler LLP, a premier financial services, government enforcement, and litigation law firm, announced today that renowned trial and white collar criminal defense lawyer Preston Burton , has joined the firm as a Partner in its Washington, DC office, effective...
Press ReleasesBuckley Sandler Noted As "One of the Most Significant Consumer Finance and Banking Enforcement Firms in the US Market" By Chambers USA
Buckley Sandler has continued to receive top recognition in financial services regulation and white collar crime/government investigations from Chambers USA , which ranks leading firms and lawyers in a range of practice areas throughout the US based on in-depth client and peer research. The firm...
In The News23 Buckley Sandler Attorneys Named To 2016 Washington, DC Super Lawyers and Rising Stars Lists
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations. We are proud...
In The News
Publications
"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...
ArticlesChallenges to the DOJ's Jurisdiction Over Extraterritorial Conduct
Part One of a Two-Part Article The United States is often criticized for trying to be the world’s policeman — for trying to prosecute wrongdoing all over the world, even when the connection to U.S. interests is, at best, tenuous. The Supreme Court has in recent years begun imposing limits on the...
Articles
Awards and Recognitions
Awards & Recognitions
- Best Lawyers 2021: Commercial Litigation, Criminal Defense - White-Collar, Litigation - Banking and Finance, Litigation - Securities
- Super Lawyers 2021: Criminal Defense: White Collar, Business Litigation
- Chambers USA 2020: Band 1, D.C. Litigation: White-Collar Crime & Government Investigations; Band 3, FCPA
- Legal 500 2020: Corporate Investigations and White Collar Criminal Defense
- Best Lawyers 2020: Commercial Litigation, Criminal Defense - White-Collar, Litigation - Banking and Finance, Litigation - Securities
- Super Lawyers 2020: Criminal Defense: White Collar, Business Litigation
- Chambers USA 2019: Band 1, D.C. Litigation: White-Collar Crime & Government Investigations; Band 3, FCPA
- Benchmark Litigation 2019: White Collar Crime, General Commercial
- Legal 500 2019: Corporate Investigations and White Collar Criminal Defense
- Best Lawyers 2019: Commercial Litigation, Criminal Defense - White-Collar, Litigation - Banking and Finance, Litigation - Securities
- Super Lawyers 2019: Criminal Defense: White Collar, Business Litigation
- Chambers USA 2018: Band 1, D.C. Litigation: White-Collar Crime & Government Investigations; Band 3, FCPA
- Legal 500 2018: Corporate Investigations and White Collar Criminal Defense
- Best Lawyers 2018: Commercial Litigation, Criminal Defense - White-Collar, Litigation - Banking and Finance, Litigation - Securities
- Super Lawyers 2018: Criminal Defense: White Collar, Business Litigation
- Legal 500 2017: Corporate Investigations and White Collar Criminal Defense
- Chambers USA 2017: Band 1, D.C. Litigation: White-Collar Crime & Government Investigations; Band 3, FCPA
- Best Lawyers 2017: Commercial Litigation, Criminal Defense - White-Collar, Litigation - Banking and Finance, Litigation - Securities
- Super Lawyers 2017: Criminal Defense: White Collar, Business Litigation
- Legal 500 2016: Recognized in Litigation - White Collar Criminal Defense
- Chambers USA 2016: Band 1, D.C. Litigation: White-Collar Crime & Government Investigations; Band 3, FCPA
- Who's Who Legal: Business Crime Defence 2016
- Super Lawyers 2016: Criminal Defense: White Collar, Business Litigation
- Chambers USA 2015: Band 1, D.C. Litigation: White-Collar Crime & Government Investigations; Band 4, FCPA
- Legal 500 2015: Recognized in Litigation - White Collar Criminal Defense
- Best Lawyers 2016: Commercial Litigation, Criminal Defense - White Collar, Litigation - Banking and Finance, Litigation - Securities
- National Law Journal 2015 White Collar Trailblazer
- Law360 Trial Ace 2015
- Washingtonian Top Lawyer, Criminal Defense (2007, 2013, 2015)
- Who's Who Legal: Compendium Edition
- Who's Who Legal 2015: Business Crime Defence
- Super Lawyers 2015: Criminal Defense: White Collar, Business Litigation
- Best Lawyers 2015: Commercial Litigation, Criminal Defense - White Collar, Litigation - Banking and Finance, Litigation - Securities
- Who's Who Legal 2015 - Compendium Edition
- Who's Who Legal 2014: Business Crime Defence
- Chambers USA 2010-2014: Band 2, D.C. Litigation: White-Collar Crime & Government Investigations
- Legal 500 2014: Litigation - White Collar Criminal Defense
- Super Lawyers 2014: Criminal Defense: White Collar, Business Litigation
- Best Lawyers 2014: Commercial Litigation, Criminal Defense - White Collar, Litigation - Banking and Finance, Litigation - Securities
- Super Lawyers 2013: Criminal Defense: White Collar, Business Litigation
- Best Lawyers 2013: Banking and Finance Law, Commercial Litigation, Criminal Defense - White Collar, Securities/Capital Markets Law
- Legal 500 2012: Litigation - White Collar Criminal Defense
- Super Lawyers 2012: Criminal Defense: White Collar, Business Litigation
- Best Lawyers 2012: Commercial Litigation, Criminal Defense - White Collar, Litigation - Banking and Finance, Litigation - Securities
- The International Who's Who of Business Crime Defense Lawyers 2012-2013
- The International Who's Who of Business Lawyers 2012-2013
- Super Lawyers 2011: Criminal Defense: White Collar
- Best Lawyers 2011: Commercial Litigation and White Collar Criminal Defense
- Best Lawyers in Washington 2006-2013
Practice Areas
- Appellate
- Bank Secrecy Act/Anti-Money Laundering & Sanctions
- Class Actions
- Complex Civil Litigation
- Congressional Investigations
- Environmental Enforcement & Litigation
- Enforcement Actions & Investigations
- False Claims Act & FIRREA
- Foreign Corrupt Practices Act & Anti-Corruption
- Internal Investigations
- Monitorships
- Securities Enforcement
- Whistleblower
- White Collar
Education
- J.D., Antioch School of Law, 1975
- A.B., Dartmouth College, 1971
Admissions
- District of Columbia
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. District Court, District of Columbia
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Western District of New York
- U.S. Supreme Court
Government Service
- Assistant U.S. Attorney, District of Columbia