Nicholas Surmacz is a highly accomplished trial lawyer and investigator who has achieved significant victories for clients in numerous high-profile, cross-border matters involving allegations of fraud, bribery and other misconduct. He regularly represents corporations, executives and high net worth individuals facing investigations, enforcement actions, economic sanctions and asset forfeiture efforts by sovereign states and global regulators, including the various components of the U.S. Department of Justice (DOJ), where he previously served as a senior member of the DOJ’s Fraud Section in Washington, DC.
At Kobre & Kim, Mr. Surmacz has secured the declination of criminal and civil charges on behalf of corporations and high-profile individuals after investigation by the U.S. DOJ into violations of the Foreign Corrupt Practices Act (FCPA) as well as the wire fraud, money laundering, and tax laws. He has further obtained the dismissal of criminal charges and immunity from prosecution on behalf of others. On behalf of corporate clients, he secured the dismissal of a $500 million fraudulent conveyance action for one and recovered over $400 in stolen cryptocurrency for another.
Before joining Kobre & Kim, Mr. Surmacz served as an Assistant Chief of the DOJ Fraud Section in Washington, D.C. As the only former DOJ Fraud Section supervisor in private practice outside the United States, Mr. Surmacz’s practice focuses heavily on cross-border matters across Europe, Africa and the Middle East, such as navigating cross-border treaty requests, including extradition and Mutual Legal Assistance Treaty (MLAT) requests for evidence.
Prior to his government service, Mr. Surmacz earned a Master of Business Administration (MBA), was licensed as a Certified Public Accountant, and practiced at White & Case LLP in New York.
Admissions
- New York
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the District of Connecticut
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- Registered Foreign Lawyer, England & Wales
Education
- University of Notre Dame Law School, JD, cum laude
- Indiana University Kelley School of Business, MBA
- Indiana University, BS
Accolades
- The Legal 500, Fraud: White-Collar Crime (Advice to Individuals), (2023-2024)
- Lexology, Future Leader in Investigations – Partners (2022-2024)
- STEP Private Client Awards 2023/24, International Legal Team of the Year (midsize firm), Shortlist
- Private Client Global Elite, "Rising Leader" (2022-2024)
- Global Investigations Review 40 Under 40 (2020)
- U.S. DOJ Director’s Award (2014)
Select Engagements
- Who’s Who Legal 2024 Global Guide Recognizes Kobre & Kim and 13 Lawyers
- Andrew Stafford KC and Nicholas Surmacz on Enforcement of Awards Against Sovereign States at London International Disputes Week Seminar
- Private Client Global Elite Directory Recognizes Adriana Riviere-Badell, Evelyn Sheehan, Mark Rowlands, Nicholas Surmacz and Polly Wilkins
- Kobre & Kim Ranked by The Legal 500 UK for White-Collar Crime Defense and Reputation Management
- Who's Who Legal 2023 Global Guide Recognizes Kobre & Kim and 13 Lawyers
- Nicholas Surmacz Recognized in Who’s Who Legal: Investigations 2023
- Polly Wilkins, Evelyn Sheehan, Nicholas Surmacz Recognized in Private Client Global Elite
- 2022 Private Client Elite Global Directory Lists Robin Rathmell, Polly Wilkins, Evelyn Sheehan, Nicholas Surmacz, Jason Short
- Kobre & Kim Placed in GIR 100 2021
- Nicholas Surmacz to Lead Panel on Extradition Claims at C5 Fraud, Asset Tracing & Recovery Conference
- Benjamin Sirota, Nicholas Surmacz and Joshua Huang on Antitrust and Offensive Investigations in Part 2 of “Antitrust” Podcast Series
- Nicholas Surmacz Evaluates New U.S. Powers to Subpoena Foreign Banks in GIR
- Nicholas Surmacz Unpacks the New Kleptocracy Asset Recovery Rewards Act in Law360
- Wealth Talk: Nicholas Surmacz on Investigations and Extradition Risks Facing African HNWIs
- Nicholas Surmacz Ranked in Global Investigations Review’s 40 Under 40
- How Israeli, Middle Eastern and African Individuals Should Respond to Criminal Allegations from Foreign Governments
- Global Crisis Management For Targets of Large-Scale Crypto Fraud
- The Upcoming Brazil Election and Risks for Politically Exposed Persons
- Preparing for Politically Motivated Criminal Enforcement Against Companies and Individuals in Asia
- Leveraging the U.S. Legal System in Brazil to Increase the Chances of Recovery from Fraud
- 5 Ways to Plan Ahead as the U.S. Moves to Curb Foreign Investment
- African Ultra-High-Net-Worth Individuals Can Protect Themselves from U.S. Authorities’ Increased Scrutiny
- How SPAC Sponsors Can Protect Themselves and their Investments in a Cooling Market
- How Israeli UHNWIs Can Prepare and Respond to Criminal Allegations from Western Enforcement Agencies
- The Next Challenge For Independent Outside Counsel Performing Internal Investigations: Employees’ Personal Cell Phones
- Ultra-High-Net-Worth Individuals Can Mitigate Two Hazards Lurking at Free Ports
- Immediate Global Crisis Management Essential For Targets of Large-Scale Crypto Fraud
- Defensive and Counter-Offensive Strategies for High-Yield Debt Issuers and Private Borrowers
- U.S. Sanctions Against Individuals in Greater China May Come Suddenly: How Overseas Advisors Can Protect Their Clients from Overreach
- Traders Can Stand Up to Investigations from Regulators and Exchanges
- Cross-Border Kobre & Kim Team Succeeds in Recovering Stolen Crypto Assets Worth Over US $400 Million
- Non-U.S. Companies Beware: New U.S. DOJ Guidelines May Apply
- Global Investors: Managing Risks Arising in Latin America from Political Turmoil
- New U.S. Rules For Investment Advisors Could Bring Aggressive Scrutiny on Non-U.S. Individuals
- New U.S. Bribery Law Could Put Non-U.S. Officials Under Unwarranted Scrutiny
- Crypto Parties Can Stand Up to Regulatory Overreach
- Global Companies Can Gain Advantage From Aggressive U.S. Antitrust Enforcement
- Non-U.S. Companies Beware: U.S. Corporate Leniency Programs May Not Achieve Best Outcome
- Don't Stand Passive Against Anti-Competitive Behavior: U.S. Court Endorses Private Sector Antitrust Tools
- Companies and Individuals in Greater China Can Protect Themselves from U.S. Sanctions Overreach
- New U.S. DOJ “Safe Harbor” Provisions May Not Be So Safe for Non-U.S. Companies
- Mitigating Cyprus-Tied Shipping Companies' Exposure to Western Sanctions
Publications & Presentations
- Speaker, “Gulf Relations with Africa in a Changing Global Order” (Abu Dhabi & Dubai, October 2024)
- Moderator, “Enforcement of Awards against Sovereign States” (London International Disputes Week, June 2024)
- Moderator, “Extradition in Fraud Matters: Perspectives on Defence and Prosecution Theories, Recent Developments and Their Impact Moving Forward” (C5 Fraud, Asset Tracing and Recovery Geneva, March 2021)
- Speaker, “Anatomy of a Boardroom Dispute – A Live Mock Dispute Involving a Multinational Facing a Major Corporate Crisis, and a Management Board in Meltdown” (International Forum of Senior Executive Advisors, March 2021)
- Speaker, “Advising International Senior Executives and Founders Accused of Serious Wrongdoing: Anatomy of a Cross-Border Misconduct Investigation” (International Forum of Senior Executive Advisors, London, United Kingdom, February 2020)
- Speaker, "Lessons Learned and Practice Pointers: Regulators’ Perspectives Regarding Cryptocurrency Receiverships" (National Association of Federal Equity Receivers, Washington, DC, May 2018)
- Speaker, "Navigating the Challenges of the Regulatory Abyss: Finding Solutions for Technological Dilemmas, International Coordination & Increased Oversight" (5th Annual Operations for Alternatives Conference, Miami Beach, Florida, March 2018)
- Speaker, "Enforcement and Compliance: Strategies for Organizational Counsel and Compliance Professionals" (ABA 26th Annual National Institute on Health Care Fraud, Indian Wells, California, May 2016 and Health Care Compliance Association's 2nd Annual Healthcare Enforcement Compliance Institute, Washington, DC, October 2016)
- Speaker, "Trial Practice Demonstration: Examining a HEAT Prosecution in South Florida," (ABA 27th Annual National Institute on Health Care Fraud, Ft. Lauderdale, Florida, May 2017)
Credentials
Admissions
- New York
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the District of Connecticut
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- Registered Foreign Lawyer, England & Wales
Education
- University of Notre Dame Law School, JD, cum laude
- Indiana University Kelley School of Business, MBA
- Indiana University, BS
Accolades
- The Legal 500, Fraud: White-Collar Crime (Advice to Individuals), (2023-2024)
- Lexology, Future Leader in Investigations – Partners (2022-2024)
- STEP Private Client Awards 2023/24, International Legal Team of the Year (midsize firm), Shortlist
- Private Client Global Elite, "Rising Leader" (2022-2024)
- Global Investigations Review 40 Under 40 (2020)
- U.S. DOJ Director’s Award (2014)
Engagements
News
- Who’s Who Legal 2024 Global Guide Recognizes Kobre & Kim and 13 Lawyers
- Andrew Stafford KC and Nicholas Surmacz on Enforcement of Awards Against Sovereign States at London International Disputes Week Seminar
- Private Client Global Elite Directory Recognizes Adriana Riviere-Badell, Evelyn Sheehan, Mark Rowlands, Nicholas Surmacz and Polly Wilkins
- Kobre & Kim Ranked by The Legal 500 UK for White-Collar Crime Defense and Reputation Management
- Who's Who Legal 2023 Global Guide Recognizes Kobre & Kim and 13 Lawyers
- Nicholas Surmacz Recognized in Who’s Who Legal: Investigations 2023
- Polly Wilkins, Evelyn Sheehan, Nicholas Surmacz Recognized in Private Client Global Elite
- 2022 Private Client Elite Global Directory Lists Robin Rathmell, Polly Wilkins, Evelyn Sheehan, Nicholas Surmacz, Jason Short
- Kobre & Kim Placed in GIR 100 2021
- Nicholas Surmacz to Lead Panel on Extradition Claims at C5 Fraud, Asset Tracing & Recovery Conference
- Benjamin Sirota, Nicholas Surmacz and Joshua Huang on Antitrust and Offensive Investigations in Part 2 of “Antitrust” Podcast Series
- Nicholas Surmacz Evaluates New U.S. Powers to Subpoena Foreign Banks in GIR
- Nicholas Surmacz Unpacks the New Kleptocracy Asset Recovery Rewards Act in Law360
- Wealth Talk: Nicholas Surmacz on Investigations and Extradition Risks Facing African HNWIs
- Nicholas Surmacz Ranked in Global Investigations Review’s 40 Under 40
- How Israeli, Middle Eastern and African Individuals Should Respond to Criminal Allegations from Foreign Governments
- Global Crisis Management For Targets of Large-Scale Crypto Fraud
- The Upcoming Brazil Election and Risks for Politically Exposed Persons
- Preparing for Politically Motivated Criminal Enforcement Against Companies and Individuals in Asia
- Leveraging the U.S. Legal System in Brazil to Increase the Chances of Recovery from Fraud
- 5 Ways to Plan Ahead as the U.S. Moves to Curb Foreign Investment
- African Ultra-High-Net-Worth Individuals Can Protect Themselves from U.S. Authorities’ Increased Scrutiny
- How SPAC Sponsors Can Protect Themselves and their Investments in a Cooling Market
- How Israeli UHNWIs Can Prepare and Respond to Criminal Allegations from Western Enforcement Agencies
- The Next Challenge For Independent Outside Counsel Performing Internal Investigations: Employees’ Personal Cell Phones
- Ultra-High-Net-Worth Individuals Can Mitigate Two Hazards Lurking at Free Ports
- Immediate Global Crisis Management Essential For Targets of Large-Scale Crypto Fraud
- Defensive and Counter-Offensive Strategies for High-Yield Debt Issuers and Private Borrowers
- U.S. Sanctions Against Individuals in Greater China May Come Suddenly: How Overseas Advisors Can Protect Their Clients from Overreach
- Traders Can Stand Up to Investigations from Regulators and Exchanges
- Cross-Border Kobre & Kim Team Succeeds in Recovering Stolen Crypto Assets Worth Over US $400 Million
- Non-U.S. Companies Beware: New U.S. DOJ Guidelines May Apply
- Global Investors: Managing Risks Arising in Latin America from Political Turmoil
- New U.S. Rules For Investment Advisors Could Bring Aggressive Scrutiny on Non-U.S. Individuals
- New U.S. Bribery Law Could Put Non-U.S. Officials Under Unwarranted Scrutiny
- Crypto Parties Can Stand Up to Regulatory Overreach
- Global Companies Can Gain Advantage From Aggressive U.S. Antitrust Enforcement
- Non-U.S. Companies Beware: U.S. Corporate Leniency Programs May Not Achieve Best Outcome
- Don't Stand Passive Against Anti-Competitive Behavior: U.S. Court Endorses Private Sector Antitrust Tools
- Companies and Individuals in Greater China Can Protect Themselves from U.S. Sanctions Overreach
- New U.S. DOJ “Safe Harbor” Provisions May Not Be So Safe for Non-U.S. Companies
- Mitigating Cyprus-Tied Shipping Companies' Exposure to Western Sanctions
Publications & Presentations
- Speaker, “Gulf Relations with Africa in a Changing Global Order” (Abu Dhabi & Dubai, October 2024)
- Moderator, “Enforcement of Awards against Sovereign States” (London International Disputes Week, June 2024)
- Moderator, “Extradition in Fraud Matters: Perspectives on Defence and Prosecution Theories, Recent Developments and Their Impact Moving Forward” (C5 Fraud, Asset Tracing and Recovery Geneva, March 2021)
- Speaker, “Anatomy of a Boardroom Dispute – A Live Mock Dispute Involving a Multinational Facing a Major Corporate Crisis, and a Management Board in Meltdown” (International Forum of Senior Executive Advisors, March 2021)
- Speaker, “Advising International Senior Executives and Founders Accused of Serious Wrongdoing: Anatomy of a Cross-Border Misconduct Investigation” (International Forum of Senior Executive Advisors, London, United Kingdom, February 2020)
- Speaker, "Lessons Learned and Practice Pointers: Regulators’ Perspectives Regarding Cryptocurrency Receiverships" (National Association of Federal Equity Receivers, Washington, DC, May 2018)
- Speaker, "Navigating the Challenges of the Regulatory Abyss: Finding Solutions for Technological Dilemmas, International Coordination & Increased Oversight" (5th Annual Operations for Alternatives Conference, Miami Beach, Florida, March 2018)
- Speaker, "Enforcement and Compliance: Strategies for Organizational Counsel and Compliance Professionals" (ABA 26th Annual National Institute on Health Care Fraud, Indian Wells, California, May 2016 and Health Care Compliance Association's 2nd Annual Healthcare Enforcement Compliance Institute, Washington, DC, October 2016)
- Speaker, "Trial Practice Demonstration: Examining a HEAT Prosecution in South Florida," (ABA 27th Annual National Institute on Health Care Fraud, Ft. Lauderdale, Florida, May 2017)