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 February 9, 2022

Martin De Luca Interviewed on U.S. Criminal Justice Process by Brazilian TV Show Domingo Espetacular

In a Portuguese TV interview with Brazilian news program Domingo Espetacular, Kobre & Kim’s Martin De Luca – the only former U.S. prosecutor in Brazil – introduced the U.S. criminal investigation and prosecution process to the show, which airs Sunday evenings.

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Publications January 27, 2022

Benjamin Sirota Previews U.S. Antitrust Regulatory Scrutiny of Microsoft-Activision Deal

Microsoft has escaped scrutiny from U.S. legislators and antitrust regulators in recent years, even as pressure builds for other Big Tech companies, but the firm’s bid to acquire video game giant Activision Blizzard may put it back on the radar. Kobre & Kim’s Benjamin Sirota, a former U.S. federal antitrust prosecutor, previews what regulators might look for when he spoke with Quartz.

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Publications January 27, 2022

David McGill to Reuters: SEC’s Proposed Private Fund Disclosure Rules Invite More Government Investigations

The U.S. Securities and Exchange Commission (SEC) is ramping up scrutiny of private funds as it proposes new rules increasing disclosures to the agency. Kobre & Kim’s David McGill, who regularly represents hedge funds and traders against government enforcement actions, looked at the potential consequences of the rule change when he spoke with Reuters.

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Publications January 26, 2022

Scott Hulsey on Effects of U.S. DOJ “Monaco Memo” on Corporate Investigations in The Anti-Corruption Report

Recent U.S. Department of Justice (DOJ) policy changes announced by Deputy Attorney General Lisa Monaco in the “Monaco Memo” indicate a redoubled focus on investigating and prosecuting individuals for white-collar crime and corporate corruption. But corporations should not expect a free pass, former U.S. federal prosecutor Scott Hulsey told the Anti-Corruption Report.

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Client Alert January 24, 2022

U.S., Korea Antitrust Enforcers on Watch for Bid-Rigging in USFK Defense Contracts

  • South Korea and U.S. antitrust regulators are increasing collaboration in cross-border matters, with the Biden administration gearing up enforcement.
  • Potential targets include South Korean companies that conduct business with the U.S. Forces Korea (USFK).
  • Our team explains why an aggressive, multi-jurisdictional defense is necessary to mitigate the risks

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Events January 19, 2022

Jonathan Cogan Joins ABA Panel on U.S. Futures Enforcement Trends

U.S. enforcement against securities, derivatives and futures traders has been relentless, and practitioners need to keep up with the shifting enforcement environment. Kobre & Kim’s Jonathan Cogan, who has been counsel in high-profile government enforcement defense matters, joins the American Bar Association’s Derivatives and Futures Law Committee Virtual Winter Meeting to share lessons and insights during a panel at 2:15 pm New York time, January 26, 2022.

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Publications January 12, 2022

Benjamin Sauter and David McGill: Crypto Traders Should Challenge the CFTC’s Enforcement Authority

Even as the U.S. Commodity Futures Trading Commission (CFTC) has relentlessly (and successfully) pursued enforcement actions in cryptocurrency markets, its jurisdictional authority is actually on shaky grounds. Kobre & Kim’s Benjamin Sauter and David McGill explain in an article for Forkast News

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Publications January 11, 2022

Evelyn Sheehan on Far-Reaching U.S. Sanctions Against Latin America in Part Two of Q&A with Aguilar Castillo Love

As part of U.S. law enforcement’s focus on fighting money laundering and corruption in Latin America, sanctions have become a “powerful, rapid-fire tool” in the arsenal, Kobre & Kim’s Evelyn Sheehan told Aguilar Castillo Love’s Natalia Callejas in the second part of a Q&A on new enforcement trends in the region.

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Publications January 5, 2022

From Consolidation to Big Tech Self-Preferencing: Benjamin Sirota Previews Landmark 2022 in U.S. Antitrust Law

2022 looks set to be a landmark year for U.S. antitrust law as Congress considers multiple competition bills aimed at curbing corporate consolidation and the self-preferencing of technology companies. Kobre & Kim’s Benjamin Sirota, a former U.S. federal antitrust prosecutor, previewed the proposals with Law360.

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Publications January 3, 2022

Benjamin Sirota Looks at DOJ’s New No-Poach Antitrust Strategy in Bloomberg Law

Companies and executives now face the risk of indictments as the U.S. Department of Justice (DOJ) moves to treat wage-fixing and no-poach antitrust cases as criminal, rather than civil, matters. Kobre & Kim’s Benjamin Sirota, a former U.S. federal antitrust prosecutor, examined the possible implications when he spoke with Bloomberg Law.

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Publications December 23, 2021

Wade Weems and Joshua Huang in Caixin Global: Here’s How Chinese Targets Should Respond to U.S. Subpoenas

As U.S.-China tensions mount, Chinese individuals and entities are facing rising risks of becoming targets of U.S. criminal investigations. Shanghai-based Wade Weems, a former U.S. federal prosecutor, and Joshua Huang, a former PRC prosecutor focused on cross-border enforcement, share how Chinese targets should respond to protect their liberty and assets in an article for Caixin Global.

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Publications December 22, 2021

Evelyn Sheehan Unpacks FinCEN’s “Drumbeat” of Real Estate Reporting Duties in Global Investigations Review

The U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) released plans to increase oversight of the real estate market to fight money laundering, the latest in “a consistent drumbeat” of ever-growing reporting duties for global buyers and real estate professionals, Kobre & Kim’s Evelyn Sheehan explained to Global Investigations Review.

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Publications December 16, 2021

Wade Weems Looks Back at 2021 U.S. Anti-Corruption Enforcement Trends with The Anti-Corruption Report

As U.S. authorities step up enforcement against corporate corruption in 2021, they are utilizing an increasingly broad array of tools to proactively – and covertly – investigate companies, rather than just relying on self-reporting. Kobre & Kim’s Wade Weems, a former U.S. federal prosecutor focused on global corruption and bribery, unpacked the trend for The Anti-Corruption Report’s 2021 Year in Review.

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Events December 8, 2021

Vasu Muthyala and Calvin Koo Join Webinar on the Cryptocurrency Legal Landscape in Asia

The legal environment for cryptocurrencies across Asia and the world is evolving rapidly. Hong Kong-based Vasu Muthyala, a former U.S. Department of Justice prosecutor and Securities and Exchange Commission lawyer, and Calvin Koo, who represents financial technology clients on digital currency disputes, join a webinar hosted by Fintelekt Advisory Services and the Asian Bankers Association to survey the landscape at 11:00 am India time / 1:30 pm Singapore time, December 15, 2021.

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Events December 7, 2021

Evelyn Sheehan Explores the Intersection Between Bankruptcy and Asset Forfeiture in ABI Panel

What conflicts arise when criminals facing asset seizure and forfeiture actions from U.S. prosecutors and regulators file for bankruptcy? Evelyn Sheehan, a former U.S. federal prosecutor focused on asset forfeiture, will discuss when she joins an American Bankruptcy Institute Winter Leadership Conference panel in Rancho Palos Verdes, California, at 2:00 pm Los Angeles time, December 10, 2021.

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