Nicholas Surmacz photo
Nicholas Surmacz
Lawyer
London
Tower 42
25 Old Broad Street
London, EC2N 1HQ
+44 (0) 20 3301 6576
London
Tower 42
25 Old Broad Street
London, EC2N 1HQ
+44 (0) 20 3301 6576

Nicholas Surmacz is an experienced trial lawyer and investigator who has served as lead counsel in numerous high-profile, cross-border matters involving fraud, bribery and other misconduct. He represents corporations, executives and high net worth individuals facing investigations, enforcement actions and asset forfeiture efforts by global criminal and civil 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.  He also has significant experience navigating cross-border treaty requests, including extradition, Mutual Legal Assistance Treaty (MLAT) requests for evidence and INTERPOL matters.

As an investigator, Mr. Surmacz was recognized as one of the world’s leading young investigations specialists by Global Investigations Review, having been named to its global “40 Under 40” list.  In this area, he has led and supervised cross-border investigations in matters involving complex securities, commodities, accounting, health care and government procurement fraud as well as a variety of bribery and money laundering matters, including investigations into alleged violations of the U.S. Foreign Corrupt Practices Act (FCPA).

Before joining Kobre & Kim, Mr. Surmacz served as an Assistant Chief of the DOJ Fraud Section in Washington, D.C.  At the DOJ, he worked closely with global civil and criminal regulators, including the U.S. Securities and Exchange Commission (SEC) and U.S. Commodities Futures Trading Commission (CFTC) as well as the U.K. Financial Conduct Authority (FCA) and National Crime Agency (NCA).  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.

Earlier in his career, Mr. Surmacz practiced at White & Case LLP in New York, where he represented clients in criminal white-collar and antitrust investigations by government agencies as well as in parallel civil actions.

Before his legal career, Mr. Surmacz earned a Master of Business Administration (MBA) and was licensed as a Certified Public Accountant in the United States.

Admissions

  • New York
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Education

  • University of Notre Dame Law School, JD, cum laude
  • Indiana University Kelley School of Business, MBA
  • Indiana University, BS

Accolades

  • Global Investigations Review 40 Under 40 (2020)
  • DOJ Director’s Award for Superior Performance as AUSA (2014)

Select Engagements

  • Representation of board of directors of multinational company in internal investigation related to allegations of accounting fraud, bribery and corruption in jurisdictions across Africa, Europe and the Middle East.
  • Representation of EMEA-based corporation in connection with U.S. DOJ investigation into alleged violations of the Foreign Corrupt Practices Act.
  • Representation of individuals in applications to the Internal Revenue Service (IRS) offshore voluntary disclosure program, as well as in interviews conducted by IRS Criminal Division agents and prosecutors with the U.S. DOJ's Tax Division.
  • Representation of Asia and EMEA-based corporate executives in connection with alleged violations of the Foreign Corrupt Practices Act by the U.S. DOJ.
  • Representation of corporate entity and two senior executives in U.S. DOJ investigation into alleged healthcare fraud and violations of the anti-kickback statute.
 

Publications & Presentations

  • 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, "Trial Practice Demonstration: Examining a HEAT Prosecution in South Florida," (ABA 27th Annual National Institute on Health Care Fraud, Ft. Lauderdale, Florida, May 2017)
  • 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)

Credentials

Admissions

  • New York
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Education

  • University of Notre Dame Law School, JD, cum laude
  • Indiana University Kelley School of Business, MBA
  • Indiana University, BS

Accolades

  • Global Investigations Review 40 Under 40 (2020)
  • DOJ Director’s Award for Superior Performance as AUSA (2014)

Engagements

  • Representation of board of directors of multinational company in internal investigation related to allegations of accounting fraud, bribery and corruption in jurisdictions across Africa, Europe and the Middle East.
  • Representation of EMEA-based corporation in connection with U.S. DOJ investigation into alleged violations of the Foreign Corrupt Practices Act.
  • Representation of individuals in applications to the Internal Revenue Service (IRS) offshore voluntary disclosure program, as well as in interviews conducted by IRS Criminal Division agents and prosecutors with the U.S. DOJ's Tax Division.
  • Representation of Asia and EMEA-based corporate executives in connection with alleged violations of the Foreign Corrupt Practices Act by the U.S. DOJ.
  • Representation of corporate entity and two senior executives in U.S. DOJ investigation into alleged healthcare fraud and violations of the anti-kickback statute.

Publications & Presentations

  • 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, "Trial Practice Demonstration: Examining a HEAT Prosecution in South Florida," (ABA 27th Annual National Institute on Health Care Fraud, Ft. Lauderdale, Florida, May 2017)
  • 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)