Government Enforcement Defense

Our trial lawyers have extensive experience aggressively defending clients in high-profile cases against the government. Our criminal and regulatory practice is primarily cross-border, often involving simultaneous investigations by law enforcement authorities in several countries. We are one of the only firms with former U.S. prosecutors permanently stationed in offices in Asia, Europe and the Middle East.


Publications November 2, 2021

Benjamin Sirota on the Intersection of Fraud, Antitrust and the Financial Services Industry

The U.S. Department of Justice (DOJ) has historically performed large-scale investigations into unlawful collusion in the financial services industry. In an episode of the “Our Curious Amalgam” podcast hosted by the American Bar Association, Kobre & Kim’s Benjamin Sirota explains how the DOJ’s trajectory of prosecution points to an increasing use of antitrust in financial market matters.

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Events November 2, 2021

Evelyn Sheehan and Martin De Luca Unpack Transnational Crime Issues at IBA Conference

Crime is increasingly transnational: criminals stash proceeds of crime around the world, and suspects are pursued across continents with international arrest warrants. But coordinating cross-border actions is complicated and practitioners must grasp the issues at stake. Kobre & Kim’s Evelyn Sheehan and Martin De Luca will take a deep dive into these topics during the International Bar Association’s (IBA) 23rd Annual Transnational Crime Conference from November 3 to 5, 2021, at The Westin Palace in Madrid, Spain.

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Events November 1, 2021

Vasu Muthyala Joins GIR Panel on U.S. Enforcement in China and Latin America

How have U.S. enforcement priorities toward China and Latin America evolved one year into the Biden administration, and what should companies bear in mind? Kobre & Kim’s Vasu Muthyala, a Hong Kong-based former U.S. federal prosecutor, will provide an on-the-ground view when he joins a panel during GIR Live: DC at the Hogan Lovells Washington, DC offices at 11:20 am local time, November 9, 2021.

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Publications October 29, 2021

Benjamin Sauter on the Challenges Facing the U.S. Department of Justice’s Cryptocurrency Team

The U.S. Department of Justice (DOJ) has established a new cryptocurrency team, but it faces numerous challenges as it seeks to collaborate with the private sector. Kobre & Kim’s Benjamin Sauter, who defends clients in the cryptocurrency industry against government enforcement actions, explained when he spoke with Global Investigations Review.

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Publications October 27, 2021

Benjamin Sirota Examines Possible Antitrust Enforcement Against Amazon by New FTC Chair Lina Khan

With the appointment of legal scholar Lina Khan as chair of the U.S. Federal Trade Commission (FTC), the agency will likely bring antitrust action against Amazon – but how aggressive will it be? Kobre & Kim’s Benjamin Sirota, a former U.S. federal antitrust prosecutor, shared his thoughts when he sat down with Fast Company.

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Events October 22, 2021

Evelyn Sheehan Moderates American Bar Association Panel on Money Laundering and Asset Forfeiture

U.S. prosecutors are increasingly aggressive in using asset forfeiture proceedings against defendants, pairing them with money laundering charges to seize assets. Kobre & Kim’s Evelyn Sheehan, a former U.S. federal prosecutor focused on asset forfeiture, will moderate a panel at the American Bar Association’s 36th National Institute on White Collar Crime to discuss the latest trends in the Hyatt Regency Miami at 10:30 am Miami time, October 27, 2021.

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Accolades October 20, 2021

Kobre & Kim’s Latin American Presence Earns Key Recognitions from Legal 500

Reflecting the firm’s deepening engagement with the region, Kobre & Kim has for the first time been listed in Legal 500’s Latin America International Firms directory, earning a place among the top firms for compliance and investigations, and those with an office in Miami.

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Traders Should Stop Running from Risk in CFTC Investigations

  • The U.S. Commodity Futures Trading Commission (CFTC) has quietly increased scrutiny of digital currency markets, focusing on spoofing.
  • Successful traders normally do not run from risk in their trading activities, yet they often do exactly that in the face of unfamiliar regulatory risks, leading to worse outcomes.
  • Targets of regulatory enforcement should therefore consider a range of aggressive measures before responding to inquiries from enforcement authorities.

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Traders Should Stop Running from Risk in CFTC Investigations

  • The U.S. Commodity Futures Trading Commission (CFTC) has quietly increased scrutiny of digital currency markets, focusing on spoofing.
  • Successful traders normally do not run from risk in their trading activities, yet they often do exactly that in the face of unfamiliar regulatory risks, leading to worse outcomes.
  • Targets of regulatory enforcement should therefore consider a range of aggressive measures before responding to inquiries from enforcement authorities.

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Publications October 8, 2021

Adriana Riviere-Badell and Alexandria Swette Explore the Future of Telehealth Payment Parity in Law360

The pandemic has led U.S. federal and state governments to increase telehealth services' accessibility and economic feasibility, including through payment parity. However, the long-term durability of parity remains uncertain, and increased enforcement against telehealth fraud has fueled further uncertainty for providers and patients, Kobre & Kim's Adriana Riviere-Badell and Alexandria Swette wrote in Law360.

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Publications October 6, 2021

Benjamin Sirota on Jonathan Kanter's Nomination to Head DOJ Antitrust Division in CQ Roll Call

Jonathan Kanter, the nominee to head the U.S. Department of Justice's Antitrust Division, is set to face his Senate nomination hearing. Kobre & Kim's Benjamin Sirota, a former federal prosecutor in the division, shared his thoughts with CQ Roll Call on Mr. Kanter's potential tenure.

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Accolades October 4, 2021

Benchmark Litigation USA 2022 Ranks Kobre & Kim, Michael Kim, Danielle Rose and Zach Rosenbaum

Benchmark Litigation USA’s latest 2022 rankings have placed Kobre & Kim in its top spots, as well as recognized Michael Kim, Danielle Rose and Zach Rosenbaum individually.

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Accolades October 4, 2021

Who’s Who Legal Recognizes Steve Kobre, Recommends Michael Kim, Robert Henoch, Jason Masimore, Matthew Menchel, Robin Rathmell

In Who’s Who Legal’s latest Business Crime Defence 2021 ranking, Kobre & Kim founding partner Steve Kobre was recognized as a Global Elite Thought Leader for representing individuals, noting his “top-tier practice that encompasses representing clients in a range of regulatory and enforcement proceedings.”

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Publications September 29, 2021

William McGovern Talks to Foreign Policy on Meng Wanzhou Deferred Prosecution Agreement with DOJ

With the signing of a deferred prosecution agreement with the U.S. Department of Justice, Huawei CFO Meng Wanzhou was able to leave Canada, where she was held pending extradition to the United States. Kobre & Kim’s William McGovern, a former prosecutor focused on government enforcement matters with a nexus to Asia, offered his analysis of the case when he sat down with Foreign Policy.

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Publications September 21, 2021

Benjamin Sauter to Compliance Week: SEC is “Trying to Send a Message” in Opposing Coinbase’s Lend Program

Despite engaging with the U.S. Securities and Exchange Commission (SEC) before launching its stablecoin lending platform, Coinbase abandoned the project when faced with the agency’s unexpectedly negative reaction. Kobre & Kim’s Benjamin Sauter, who represents clients in the cryptocurrency industry against government enforcement actions, offered his thoughts on the case when he sat down with Compliance Week.

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