Andrew C. Lourie | Kobre & Kim — Disputes and Investigations

Andrew C. Lourie is an experienced trial lawyer who practices in the areas of government enforcement defense, international judgment enforcement and asset recovery, and investigations and monitorships. Mr. Lourie has represented numerous corporate officers against the government in matters involving digital currency, commodities futures manipulation, spoofing, insider trading, International Emergency Economic Powers Act (IEEPA), Foreign Corrupt Practices Act (FCPA) and other laws with international applications. He is also engaged by major international corporations as special counsel to conduct sensitive internal investigations.

Mr. Lourie has litigated some of the highest-profile cases brought by the U.S. Department of Justice (DOJ), the U.S. Commodity Futures Trading Commission (CFTC), the Federal Energy Regulatory Commission (FERC) and the U.S. Securities and Exchange Commission (SEC). Among his more notable matters was the representation of a major international digital currency exchange in the first ever federal anti-trust action brought over conduct associated with a Bitcoin fork; the representation of the CEO and numerous other officers and employees of Terraform Labs related to an enforcement action by the SEC and investigations by DOJ and the CFTC; the representation at trial of DRW Trading and its founder against allegations of manipulation of interest rate futures, brought by the CFTC; and the representation at trial of Brian Hunter, the former head of energy trading for a US $9 billion hedge fund, Amaranth Advisors LLC, against allegations of manipulation of natural gas futures, brought by the FERC and CFTC.

He has consistently been recognized as a top practitioner by Chambers & Partners, which found that Mr. Lourie's “skills are extraordinary, and his judgment is first-rate.” Mr. Lourie has also been involved in some of the highest-profile matters in the areas of international judgment enforcement and asset forfeiture and recovery, and he is recognized as a top practitioner by publishers of the Global Arbitration Review for his outstanding work in this area. Mr. Lourie's experience includes the victory against the U.S. government before the U.S. District Court for the District of Columbia and the U.S. Court of Appeals for the DC Circuit in the representation of Tiger Eye Investments, Ltd., an investment company located in the Cayman Islands, involving the release of US $400 million of trust assets.

Before joining Kobre & Kim, Mr. Lourie served in various high-level positions with the DOJ, including as Principal Deputy Assistant Attorney General and chief of staff for the Criminal Division and as chief of DOJ’s Public Integrity Section. As Principal Deputy Assistant Attorney General and chief of staff, Mr. Lourie was responsible for the day-to-day operations of the DOJ's 438-lawyer Criminal Division in Washington DC. As chief of the Public Integrity Section, he supervised the nation's most sensitive public corruption prosecutions, including investigations into bribery on Capitol Hill and in the executive branch emanating from the prosecution of former lobbyist Jack Abramoff.

Mr. Lourie also served as an Assistant U.S. Attorney in the U.S. Attorney's Offices for the Southern District of Florida, where he investigated and prosecuted securities fraud and healthcare fraud cases and headed the Major Crimes unit and the West Palm Beach office. He also served as an Assistant U.S. Attorney in U.S. Attorney's Office for the District of New Jersey, focusing on public corruption matters.

Before working as an Assistant U.S. Attorney, Mr. Lourie practiced at Gibson, Dunn & Crutcher in New York.

SERVICES

Government Enforcement Defense Investigations, Examinations & Monitorships International Judgment Enforcement & Offshore Asset Recovery International Private Client

Admissions

Florida
District of Columbia
New York
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. District Court for the District of Columbia
U.S. District Court for the Middle District of Florida
U.S. District Court for the Southern District of Florida
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
U.S. District Court for the Northern District of Illinois, Trial Bar

Education

Emory University School of Law, JD (Emory Law Journal)
The State University of New York at Buffalo, BS

Accolades

Chambers USA, Florida White Collar Crime & Government Investigations (2022-2023)
Who's Who Legal, Asset Recovery

SERVICES

Government Enforcement Defense Investigations, Examinations & Monitorships International Judgment Enforcement & Offshore Asset Recovery International Private Client

Select Engagements

Government Enforcement Defense

Victory at trial on behalf of DRW Investments LLC in highly publicized market manipulation case against the U.S. Commodity Futures Trading Commission (CFTC) in the Southern District of New York, involving interest rate swap futures.
Dismissal with prejudice of first ever anti-trust action, on behalf of international digital currency exchange.
Representation of CEO and other officers of Terraform Labs in SEC enforcement action and CFTC and DOJ investigations related to the demise of the UST stablecoin.
Representation in multi-district litigation of the security providers for the Astroworld Festival 2021 in Houston Texas.
Representation of Brian Hunter, the former head of energy trading at Amaranth Advisors LLC, a fund that had US $9 billion under management, in connection with market manipulation actions by the CFTC and the Federal Energy Regulation Commission (FERC), a pre-emptive suit against the FERC for overreaching the limits of its jurisdiction, and in the defense of several class and private civil suits. Obtained complete dismissal of FERC case by the precedent-setting opinion of U.S. Court of Appeals for the DC Circuit that the FERC lacks jurisdiction over energy futures.
Representation of a former MF Global execution broker in connection with a class action in the U.S. District Court for the Southern District of New York, relating to alleged manipulation of platinum and palladium futures markets.
Representation of a large public company in the airline industry in connection with the U.S. Department of Justice (DOJ) investigation into alleged price-fixing in air cargo surcharges.
Representation of former officer of a public, international energy company in an investigation relating to Foreign Corrupt Practices Act (FCPA) violations.
Representation of South American agricultural business in defending against antitrust charges brought by the DOJ.
Representation of a former chairman of the board of directors of a large, public European company, and one of its former executives, in connection with an FCPA investigation by the DOJ.
Representation of former Kellogg Brown & Root employee charged in an FCPA indictment in U.S. District Court for the Southern District of Texas.
Representation of executives of a major European financial institution in connection with potential trade sanctions and an investigation into violations of regulations of the U.S. Office of Foreign Assets Control (OFAC).
Served as an expert witness in an extradition proceeding in the UK involving FCPA violations.
Representation of a principal of a consulting firm charged with criminal and civil insider trading by the DOJ and U.S. Securities and Exchange Commission (SEC).
Representation of the former CEO of a large European company in defending against a prosecution in Europe for alleged criminal negligence in connection with alleged spoliation of US $250 million in company assets.
Representation of a defendant charged in the Galleon insider-trading case in the U.S. District Court for the Southern District of New York.

Investigations & Monitorships

Representation of the board of directors of an international natural resources company in conducting an internal investigation into alleged FCPA violations and violations of the World Bank sanctions regime.
Conduct internal investigation for major financial institution in response to a regulator inquiry into proprietary trading of certain complex derivatives.
Representation of the general counsel of a global joint venture made up three public companies in an internal investigation relating to FCPA violations in Africa and a corresponding investigation conducted by the DOJ and SEC.
Representation of a large shipping company in conducting an internal investigation and addressing investigations by the DOJ's Antitrust Division over alleged price-fixing in the cargo industry.

International Judgment Enforcement & Offshore Asset Recovery

Victory in the representation of Tiger Eye Investments, Ltd., an investment company located in the Cayman Islands against the U.S. government in the U.S. District Court for the District of Columbia and U.S. Court of Appeals for the DC Circuit involving US $400 million of trust assets.
Representation of international company in opposing efforts by foreign bankruptcy trustee to domesticate foreign judgments of US $100 million+.
Representation of private clients regarding US $2 billion+ of disputed funds subject to forfeiture proceedings in multiple jurisdictions in Europe.
Representation of a government in enforcing judgments of US $120 million+ against assets and defendants in multiple jurisdictions in the U.S., the Caribbean and Asia.
Representation of an international transportation company in pursuing global asset recovery of US $36 million+ arising out of an embezzlement scheme perpetrated by former employee in Asia.

Special Situations Disputes

Representation of an institutional client in connection with a dispute of breaches of representations and warranties in pooling and servicing agreements (PSA) and mortgage loan purchase agreements (MLPA) in a securitization worth US $1 billion+.
Representation of the former head of energy trading at Amaranth Advisors LLC in connection with class action suit in federal district court over alleged manipulation of the natural gas futures markets.

SERVICES

Government Enforcement Defense Investigations, Examinations & Monitorships International Judgment Enforcement & Offshore Asset Recovery International Private Client

Professional & Community Involvement

American Bar Association, Derivatives and Futures Law Committee, Member
American Bar Association, Derivatives and Futures Law Committee, Member
International Bar Association, Member
National Institute for Trial Advocacy program at Emory University School of Law, Faculty Member
Federal Bar Association, Member
American Bar Association, Member

SERVICES

Government Enforcement Defense Investigations, Examinations & Monitorships International Judgment Enforcement & Offshore Asset Recovery International Private Client

Publications & Presentations

Moderator, "Cross-Border Enforcement of Judgments for Theft of Intellectual Property" (Corporate Counsel IP Trademark, Copyright & Licensing Counsel Forum, New York, October 2013)
Contributing author, "Parallel Proceedings Issues" (DC Bar, Washington DC, October 2009)
Contributing author, World Compendium on Asset Tracing and Recovery (Erich Schmidt Verlag, 2010)

SERVICES

Government Enforcement Defense Investigations, Examinations & Monitorships International Judgment Enforcement & Offshore Asset Recovery International Private Client

Credentials

Admissions

Florida
District of Columbia
New York
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. District Court for the District of Columbia
U.S. District Court for the Middle District of Florida
U.S. District Court for the Southern District of Florida
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
U.S. District Court for the Northern District of Illinois, Trial Bar

Education

Emory University School of Law, JD (Emory Law Journal)
The State University of New York at Buffalo, BS

Accolades

Chambers USA, Florida White Collar Crime & Government Investigations (2022-2023)
Who's Who Legal, Asset Recovery

Engagements

Government Enforcement Defense

Victory at trial on behalf of DRW Investments LLC in highly publicized market manipulation case against the U.S. Commodity Futures Trading Commission (CFTC) in the Southern District of New York, involving interest rate swap futures.
Dismissal with prejudice of first ever anti-trust action, on behalf of international digital currency exchange.
Representation of CEO and other officers of Terraform Labs in SEC enforcement action and CFTC and DOJ investigations related to the demise of the UST stablecoin.
Representation in multi-district litigation of the security providers for the Astroworld Festival 2021 in Houston Texas.
Representation of Brian Hunter, the former head of energy trading at Amaranth Advisors LLC, a fund that had US $9 billion under management, in connection with market manipulation actions by the CFTC and the Federal Energy Regulation Commission (FERC), a pre-emptive suit against the FERC for overreaching the limits of its jurisdiction, and in the defense of several class and private civil suits. Obtained complete dismissal of FERC case by the precedent-setting opinion of U.S. Court of Appeals for the DC Circuit that the FERC lacks jurisdiction over energy futures.
Representation of a former MF Global execution broker in connection with a class action in the U.S. District Court for the Southern District of New York, relating to alleged manipulation of platinum and palladium futures markets.
Representation of a large public company in the airline industry in connection with the U.S. Department of Justice (DOJ) investigation into alleged price-fixing in air cargo surcharges.
Representation of former officer of a public, international energy company in an investigation relating to Foreign Corrupt Practices Act (FCPA) violations.
Representation of South American agricultural business in defending against antitrust charges brought by the DOJ.
Representation of a former chairman of the board of directors of a large, public European company, and one of its former executives, in connection with an FCPA investigation by the DOJ.
Representation of former Kellogg Brown & Root employee charged in an FCPA indictment in U.S. District Court for the Southern District of Texas.
Representation of executives of a major European financial institution in connection with potential trade sanctions and an investigation into violations of regulations of the U.S. Office of Foreign Assets Control (OFAC).
Served as an expert witness in an extradition proceeding in the UK involving FCPA violations.
Representation of a principal of a consulting firm charged with criminal and civil insider trading by the DOJ and U.S. Securities and Exchange Commission (SEC).
Representation of the former CEO of a large European company in defending against a prosecution in Europe for alleged criminal negligence in connection with alleged spoliation of US $250 million in company assets.
Representation of a defendant charged in the Galleon insider-trading case in the U.S. District Court for the Southern District of New York.

Investigations & Monitorships

Representation of the board of directors of an international natural resources company in conducting an internal investigation into alleged FCPA violations and violations of the World Bank sanctions regime.
Conduct internal investigation for major financial institution in response to a regulator inquiry into proprietary trading of certain complex derivatives.
Representation of the general counsel of a global joint venture made up three public companies in an internal investigation relating to FCPA violations in Africa and a corresponding investigation conducted by the DOJ and SEC.
Representation of a large shipping company in conducting an internal investigation and addressing investigations by the DOJ's Antitrust Division over alleged price-fixing in the cargo industry.

International Judgment Enforcement & Offshore Asset Recovery

Victory in the representation of Tiger Eye Investments, Ltd., an investment company located in the Cayman Islands against the U.S. government in the U.S. District Court for the District of Columbia and U.S. Court of Appeals for the DC Circuit involving US $400 million of trust assets.
Representation of international company in opposing efforts by foreign bankruptcy trustee to domesticate foreign judgments of US $100 million+.
Representation of private clients regarding US $2 billion+ of disputed funds subject to forfeiture proceedings in multiple jurisdictions in Europe.
Representation of a government in enforcing judgments of US $120 million+ against assets and defendants in multiple jurisdictions in the U.S., the Caribbean and Asia.
Representation of an international transportation company in pursuing global asset recovery of US $36 million+ arising out of an embezzlement scheme perpetrated by former employee in Asia.

Special Situations Disputes

Representation of an institutional client in connection with a dispute of breaches of representations and warranties in pooling and servicing agreements (PSA) and mortgage loan purchase agreements (MLPA) in a securitization worth US $1 billion+.
Representation of the former head of energy trading at Amaranth Advisors LLC in connection with class action suit in federal district court over alleged manipulation of the natural gas futures markets.

News

Professional & Community Involvement

American Bar Association, Derivatives and Futures Law Committee, Member
American Bar Association, Derivatives and Futures Law Committee, Member
International Bar Association, Member
National Institute for Trial Advocacy program at Emory University School of Law, Faculty Member
Federal Bar Association, Member
American Bar Association, Member

Publications & Presentations

Moderator, "Cross-Border Enforcement of Judgments for Theft of Intellectual Property" (Corporate Counsel IP Trademark, Copyright & Licensing Counsel Forum, New York, October 2013)
Contributing author, "Parallel Proceedings Issues" (DC Bar, Washington DC, October 2009)
Contributing author, World Compendium on Asset Tracing and Recovery (Erich Schmidt Verlag, 2010)

His “skills are extraordinary, and his judgment is first-rate.” - Chambers & Partners

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