Buckley’s White Collar defense practice helps our clients, both corporate and individual, manage every stage of the government investigation process. We help our clients navigate grand jury investigations and internal corporate investigations, and we defend them in court. We also represent them in parallel civil and administrative litigation frequently related to criminal investigations, including Securities and Exchange Commission (SEC) enforcement, suspension, or debarment actions, civil False Claims Act (FCA) suits, professional discipline actions, congressional investigations, and shareholder derivative suits. Whether the allegations involve foreign bribery, political corruption, financial fraud, national security, antitrust, environmental crimes, criminal tax or other unique and complex issues, we defend clients in criminal and complex civil matters where bet-the-company sanctions and personal freedom, reputations, and livelihood are on the line.
Over the past three decades, our lawyers have been involved in every significant Department of Justice (DOJ) white collar enforcement initiative, including the Enron and AOL accounting fraud matters — securing an acquittal for an AOL executive in the federal criminal trial and a repudiation of the SEC’s allegations in the companion civil trial; investigations of the major banks for LIBOR and Foreign Exchange rate fixing; Volkswagen for circumventing emission controls, BP for the Deepwater Horizon oil spill; the Japanese auto parts supply and auto shipping industries on criminal antitrust claims, and the Petrobras foreign bribery inquiry. One of our partners successfully defended former Virginia Governor Bob McDonnell at trial and before the U.S. Supreme Court in one of the most high profile cases in the past decade; other partners successfully defended individuals at trial in the DOJ’s largest prosecution of individuals under the Foreign Corrupt Practices Act (FCPA) and the largest environmental criminal prosecution; and more recently, defeated the government in a federal prosecution of corruption and fraud in awarding government contracts.
We provide not only strategic guidance, but also intelligent and effective case management and efficient representation. We are committed to obtaining the best possible outcome either by avoiding criminal prosecution or, if need be, defending our clients in court. We have proven time and again that we will take cases to trial and win. We have the size and experience to handle the largest corporate white collar investigations and the most complex and lengthy trials, and our lawyers have substantial experience guiding individuals through the criminal procedural labyrinth.
Members of our team of experienced and talented trial lawyers have been recognized repeatedly over the past several decades by judges and their peers and praised in Chambers for their skill and dedication in representing clients in criminal investigations, and includes Fellows of the American College of Trial Lawyers and the American Board of Criminal Lawyers. Our team features several former DOJ Assistant United States Attorneys, the head of the Civil Division for the U.S. Attorney’s Office for the Southern District of New York, the SEC’s Chief of the Office of Market Intelligence and architect of the SEC’s whistleblower initiative, and a former Public Defender Service veteran. Perhaps the highest praise comes from our peers — we are often the first call for other top tier firms when they need to refer a case due to a conflict of interest.
Notable recent work includes the representation of:
- Universal Entertainment Corp. (UEC), a large Japanese gaming manufacturer, and Aruze USA, Inc., in litigation brought by Wynn Resorts Ltd. in Nevada state court, as well as in related parallel matters. In the Nevada litigation, Wynn Resorts alleges that UEC and Aruze USA and others, committed FCPA violations that resulted in breaches of fiduciary duties toward Wynn Resorts, and justified Wynn Resorts taking action to forcibly buy back billions of dollars in shares held by Aruze USA at a sizeable discount. The litigation settled in 2018 just before the commencement of trial with Wynn Resorts paying our clients $2.63 billion
- The former Governor of Virginia at trial and before the U.S. Supreme Court on federal political corruption charges, culminating in the reversal of his convictions
- Numerous Volkswagen executives and employees in the United States and Germany in ongoing international criminal investigations and civil litigation related to the certification and sale of diesel engines in the United States
- The Managing Director and head of Global Finance for an international investment bank in the coordinated LIBOR inquiry by multiple international government agencies, including the DOJ, the Commodity Futures Trading Commission, the U.K. Financial Conduct Authority, the U.K. Serious Fraud Office, and the German BaFin
- A senior executive of a global oil company in the civil and criminal investigations related to the Deepwater Horizon oil spill in the Gulf of Mexico
- A senior AOL executive in his federal criminal trial and in a separate SEC civil trial for fraud in connection to revenue recognition. He was acquitted by the jury on all charges in both matters
- The former CEO/CFO of an oilfield services company in an SEC enforcement action regarding alleged FCPA violations in Nigeria. Following more than two years of litigation in federal court and extensive discovery, the SEC voluntarily dropped six of seven claims against our client and agreed to a very favorable settlement just before trial in July 2014. The settlement did not include payment of any money damages or restriction on future employment opportunities
- A former principal of a government contracting company in a corruption and fraud trial brought by the DOJ and the U.S. Attorney in the Eastern District of Virginia; all four defendants who fought the charges were found not guilty by a jury on all charges in 2016
- The owner of a military arms company in the 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 and, after a four-month trial in 2011-2012 ending in a hung jury, all charges were dismissed
- The 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, completely exonerating our client of the highly-publicized allegations
- The Senior Vice President of W.R. Grace in a prosecution for 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 DOJ’s largest and longest environmental crime prosecution which garnered national press attention due to the alleged health impact on 300 residents of Libby. The prosecution was initiated nearly 40 years after the alleged conduct concluded. Our client was acquitted on all charges after a three-month jury trial
- The CEO of a Middle Eastern manufacturing company in a joint, multi-jurisdictional investigation by the DOJ and the U.K.’s Serious Fraud Office involving the FCPA and U.K. Prevention of Corruption Act, as well as in related civil suits
The federal government’s financial response to the Covid-19 pandemic is measured in trillions of dollars, and the intensity of oversight related to that response reflects this unprecedented commitment. All involved in the government’s response, particularly financial services providers, should expect increased scrutiny of how those dollars have been and will be spent.
Buckley’s white collar, enforcement, congressional investigations, class actions, complex civil litigation, and False Claims Act & FIRREA teams are prepared to assist with government and congressional inquiries, examinations, investigations, and government and private party litigation that arise from the pandemic response. We work closely with our financial services regulatory practices to combine the firm’s core substantive experience with our deep knowledge of government investigations and litigation of all kinds.
Excellent white-collar lawyers with a tremendous amount of trial experience.Chambers USA
"New FCPA guide signals laxer successor liability approach" by Paige Ammons and Bree Murphy (Law360)
The U.S. Department of Justice 's and U.S. Securities and Exchange Commission 's recently updated resource guide to the U.S. Foreign Corrupt Practices Act signals a potential relaxation of stringent requirements that have previously been applied to successor liability in mergers and acquisitions...Articles
"Nickel and diming access to court records: The National Veterans Legal Services Program decision and PACER fees" by Elizabeth R. Bailey
For years, remote access to most federal court records has been locked behind a government paywall. The U.S. Court of Appeals for the Federal Circuit may have pulled the first brick out of that wall, though, in an...Buckley Commentary & Analysis
Judge Emmet Sullivan of the U.S. District Court for the District of Columbia turned political and judicial heads by refusing to immediately rubber stamp the government’s decision to drop the prosecution of Michael Flynn after it had already obtained a guilty plea. However, he is not the first...Buckley Commentary & Analysis
A recent Supreme Court decision allows the Securities and Exchange Commission to continue pursuing disgorgement in its enforcement actions, but with significant limitations that will curb disgorgement’s scope and could complicate the SEC’s future efforts to seek it.
Whether the SEC has...Buckley Commentary & Analysis
A century ago, the Spanish Flu ravaged the globe and impacted the legal industry in ways not dissimilar to what we are seeing today. Trials could not be held as attorneys and judges contracted the virus, courts —...Buckley Commentary & Analysis
"Some lies matter more than others: Why Congress should consider a 'false statement misdemeanor'" by Preston Burton, Paige Ammons, Bree Murphy, Jackson Hagen (Law.com)
The Department of Justice’s attempted abandonment of the Michael Flynn prosecution has sparked troubling and conflicting questions of political interference, prosecutorial indiscretion and judicial overreach. But a difficult question at the heart of the matter has gone begging: whether there are...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
One of the federal government’s most immediate responses to the coronavirus crisis was a highly visible campaign against profiteering. While the absence of an overarching federal anti-price gouging statute has forced prosecutors to improvise and legislators to contemplate new laws in order to...Buckley Commentary & Analysis
What happens when prosecutors fail to make constitutionally required disclosures of evidence because the court ordered them not to? The U.S. Court of Appeals for the Sixth Circuit weighed in on this issue recently,...Buckley Commentary & Analysis
"CARES Act puts inspectors general back in the spotlight" by Daniel R. Alonso, Preston Burton, & Meredith Leeson (New York Law Journal)
Federal Inspectors General—the nation’s watchdogs over government agencies and government programs—are back in the news. First, the Coronavirus Aid, Relief, and Economic Security Act , received close attention not only for its $2 trillion infusion of taxpayer dollars into the U.S. economy, but also...Articles
"E-oversight is more important than ever during Covid-19" by Thomas A. Sporkin & Meredith Leeson (Bloomberg Law)
Corporations determined to maintain employee productivity amidst the massive global shift to remote work triggered by the Covid-19 pandemic may not have given as much thought to a critical complication: How to oversee those employees and validate their ongoing compliance with policies, procedures,...Articles
U.S. law respects the confidentiality of a prisoner’s communications with counsel, including phone calls and visits, but with one critical exception that goes unnoticed by many attorneys: The government routinely monitors — and then uses in court — emails between federal prisoners and their...Buckley Commentary & Analysis
The growth in cross-border criminal investigations has intensified the risk of overlapping prosecutions by multiple countries, potentially resulting in duplicative prison sentences and/or fines. Some countries recognize that multiple punishments for the same conduct are unjust and have taken...Buckley Commentary & Analysis
The Coronavirus Aid, Relief, and Economic Security Act, signed in March 2020, enacted an unprecedented level of emergency government spending to provide public health relief and stabilize an economy damaged by the pandemic, and included oversight provisions to monitor how the $2 trillion is spent...Articles
"Op-ed: Prepare for the coronavirus scams: Learning from post-9/11 fraud" by Daniel R. Alonso (Daily News)
On the morning of Sept. 11, 2001, Beatrice Kaufman sat in her Hamptons house watching the Twin Towers collapse. Although she lived and worked in Manhattan, her 6,000-square-foot apartment was being renovated, so she stayed at her country home instead. But that did not stop her from filing papers...Articles
The CARES Act will infuse more than $2 trillion into the U.S. economy — the largest such action in history. But if history is any guide, wherever there is a big pot of money, some people will look to steal it. Some desperate individuals might misrepresent their eligibility for unemployment benefits...Articles
On March 27, President Donald Trump signed into law the Coronavirus Aid, Relief and Economic Security Act, also known as the CARES Act. Although the False Claims Act is not mentioned in this stimulus bill, the implications of the act on FCA enforcement are likely to be significant. Click here to...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
"Supreme Court will likely decide whether courts can order disgorgement in SEC enforcement proceedings" by Olivia A. Rauh
The Supreme Court will hear arguments on March 3 in a case that will likely determine whether the SEC has statutory authority to seek disgorgement in enforcement actions, and whether the courts have authority to order it.
The SEC’s authority to seek disgorgement was virtually...Buckley Commentary & Analysis
Daniel R. Alonso quoted in Law360 article, “The sealed indictment: How Trump could be secretly charged”
Daniel R. Alonso was quoted on August 13, 2020, in a Law360 article, “The sealed indictment: How Trump could be secretly charged,” which explored mechanisms in which Manhattan District Attorney Cyrus Vance Jr. could secretly secure an indictment and even an arrest warrant for the president, beating...In The News
Daniel R. Alonso quoted in New York Times article, “Trump’s bank was subpoenaed by N.Y. prosecutors in criminal inquiry”
Daniel R. Alonso was quoted on August 5, 2020, in a New York Times article, “Trump’s bank was subpoenaed by N.Y. prosecutors in criminal inquiry,” which discussed the Manhattan district attorney’s office’s subpoena for President Trump’s financial records — including tax returns — for possible...In The News
Hank Asbill was extensively quoted on July 10, 2020 in an Agenda article, “New wild cards for white-collar enforcement,” which discussed the state of white collar enforcement amid the Covid-19 pandemic. Asbill noted, “Covid-19 has made it exponentially more difficult to conduct criminal trials. The...In The News
Daniel R. Alonso quoted in Spectrum News article, “What’s next after the Supreme Court’s rulings on Trump’s tax returns?”
Daniel R. Alonso was quoted on July 9, 2020 in a Spectrum News article, “What’s next after the Supreme Court’s rulings on Trump’s tax returns?” which discussed Manhattan District Attorney Cy Vance Jr.’s right to subpoena financial records from a sitting president. Alonso noted, “It’s a very big...In The News
Daniel R. Alonso quoted in The Guardian article, “What's next for Ghislaine Maxwell – and will she cooperate with prosecutors?”
Daniel R. Alonso was quoted on July 6, 2020 in an article in The Guardian , “What's next for Ghislaine Maxwell – and will she cooperate with prosecutors?” which explored how the case against Jeffrey Epstein’s accomplice might progress and whether the perjury charge against her could affect her...In The News
Preston Burton quoted in NPR article, “Prosecutors move to drop their own case after evidence issue. The judge wants answers”
Preston Burton was quoted on June 12, 2020 in an NPR article, “Prosecutors move to drop their own case after evidence issue. The judge wants answers,” which discussed a case against businessman Ali Sadr Hashemi Nejad, and allegations that the government failed to hand over evidence favorable to the...In The News
Preston Burton quoted in Washington Post article, “Canadian court rules extradition case against Huawei executive Meng can proceed”
Preston Burton was quoted on May 27, 2020 in a Washington Post article, “Canadian court rules extradition case against Huawei executive Meng can proceed,” which discussed Huawei’s chief financial officer faces extradition to Canada in addition to the United States, after a court ruled that the...In The News
Daniel R. Alonso was quoted on May 11, 2020 in a Law360 article, “Feds float added charge against ex-Theranos CEO,” which discussed the addition of new wire fraud charges in the case against Theranos’ former CEO and COO. Alonso noted, "If prosecutors supersede an indictment to add or substitute new...In The News
Daniel R. Alonso was quoted on March 17, 2020 in a Wall Street Journal article, “Coronavirus disrupts U.S. court system,” which discussed decisions across the country to delay trials and limit public access to courthouses, including no new empaneling of grand juries in New York specifically. Alonso...In The News
Hank Asbill quoted in Wall Street Journal article, “Trump praises Barr for ‘taking charge’ in Roger Stone case”
Hank Asbill was quoted on February 12, 2020 in a Wall Street Journal article, “Trump praises Barr for ‘taking charge’ in Roger Stone case,” which discussed President Trump’s appreciation towards Attorney General William Barr for “taking charge” of the Roger Stone case following the Justice...In The News
“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....Announcements
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.
Benchmark 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...Announcements
Buckley Sandler seeks order in James Wolfe case prohibiting further misleading and prejudicial statements by President Trump and others
On behalf of James A. Wolfe, Buckley Sandler filed the following motion for an order restricting the government’s extrajudicial statements.
WASHINGTON, DC (June 13, 2018) — James A. Wolfe served as a dedicated public servant for 35 years, first serving his country as a decorated U.S. Army intelligence analyst, and then for most of his career as a Senate staff member. He was entrusted with the government’s most important classified...Press Releases
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...Announcements
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 Releases
Our White Collar Team
"When the government wants to cut and run, but a judge won’t be a rubber stamp" by Nadav Ariel
"Supreme Court decision upholds but limits SEC’s disgorgement authority" by Olivia A. Rauh
"Videoconferences are weak alternatives to in-person client meetings" by Nancy H. Turner