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.

Client Alert May 9, 2022

The Differences Between UK and EU Russian Sanctions

  • The United Kingdom and the European Union are two critical jurisdictions that have implemented influential sanctions regimes against Russian entities.
  • Given the UK’s departure from the EU, key differences exist that outside stakeholders must be attuned to.
  • Learn the subtle yet consequential details in this reference guide, put together by Kobre & Kim’s International Private Client team.

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Publications May 4, 2022

Evelyn Sheehan and Carolina Leung Unpack Shifts in the U.S. DOJ’s Prosecutorial Reach of Foreign Defendants in The Anti-Corruption Report

Recent U.S. federal court decisions have reeled back the extraterritorial jurisdiction of the U.S. Department of Justice (DOJ), expanding due process rights and defenses for foreign defendants. Kobre & Kim’s Evelyn Sheehan and Carolina Leung unpack what this means in an article for The Anti-Corruption Report.

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Publications April 22, 2022

Wade Weems, Chang Liu and Kairu Huang on U.S. Enforcement After the China Initiative in Caixin Global

The U.S. Department of Justice’s (DOJ) China Initiative has long been criticized for unfairly targeting Chinese nationals and people of Chinese descent, particularly professors and researchers. Its termination, however, does not signal relief – rather, the U.S. is moving on to a new Nation-State Threats Strategy, which has broader goals, targets and tools in mind. Kobre & Kim’s China-based lawyers Wade Weems and Chang Liu, together with specialist analyst Kairu Huang, unpacked the coming enforcement risks for Chinese entities in an article for Caixin Global.

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Publications April 18, 2022

Michael Sherwin Unpacks Law Enforcement’s Challenges When Seizing Digital Currency

As criminals increasingly turn to cryptocurrencies, law enforcement agencies around the world have found themselves seizing more of the assets and having to learn how to handle the unique challenges of this new technology. Kobre & Kim’s Michael Sherwin, a former U.S. federal prosecutor, unpacked the issues when he spoke with Bloomberg.

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Publications April 12, 2022

Miranda Ching Discusses Prosecutorial Independence of UK Serious Fraud Office in Fountain Court Chambers Podcast

Recent events – including continuing doubts about the UK Serious Fraud Office’s (SFO) existence, the ousting of the head of London’s Metropolitan Police, the lack of investigation into alleged misconduct by politicians and the sustained trend of private prosecutions – have led to questions about the independence of prosecution authorities in England and Wales. Kobre & Kim’s Miranda Ching – a former case controller and prosecutor at the SFO – shared her perspective during an episode of The Fountain Court Chambers Podcast.

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Publications April 5, 2022

Benjamin Sauter Analyzes Whether Crypto Can Help Evade Russian Sanctions with Raconteur

With the Russian invasion of Ukraine, many in both countries have turned to crypto and digital currencies – Ukrainians received almost US $100 million in crypto donations, and ordinary Russians used crypto as a haven against the falling ruble and capital controls. But there is a concern that cryptocurrency can be used to facilitate wrongdoing, including to evade sanctions. Kobre & Kim’s Benjamin Sauter, who focuses on government enforcement and asset recovery in the crypto space, analyzed this issue when he spoke with the magazine Raconteur of The Times.

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Events March 29, 2022

Daniel Lee Surveys Evolving Global Anti-Corruption Enforcement Landscape in IACA Lecture

Global anti-corruption agencies are increasingly teaming up and pooling together tools to investigate and enforce against corruption around the world, exemplified by the June 2021 U.S. memorandum establishing the fight against corruption as a core national security interest. Kobre & Kim’s Daniel Lee, who focuses on responding to multijurisdictional government enforcement actions from the U.S. and Asia, surveyed the new enforcement landscape in a lecture for the International Anti-Corruption Academy (IACA) on March 22.

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Publications March 29, 2022

Jason Short on Scope and Risks of New Whistleblower Program Aiding Sanctions Against Russia

The U.S. Department of Treasury launched a new whistleblower program for information leading to the seizure of stolen assets linked to foreign government corruption, just in time to join global sanctions efforts against Russian oligarchs. Kobre & Kim’s Jason Short, who represents high-net-worth individuals in asset forfeiture proceedings and sanctions enforcement, spoke to USA Today on the program’s scope – as well as its risks and limitations.

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Events March 15, 2022

Wade Weems Discusses U.S. Department of Justice’s Broadening National Security Policy Against Russia and China in Guidepost Webinar

Kobre & Kim’s Wade Weems – a Shanghai-based former U.S. Department of Justice (DOJ) prosecutor focused on national security issues – is joining a Guidepost Solutions webinar at 1:00 pm New York time, March 17, 2022. He examines the changes and offers solutions to companies as they face rising risks when the DOJ – though winding down its China Initiative – pivots toward a broader national security policy, dubbed the Strategy for Countering Nation-State Threats, aimed at not only China but also Russia.

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Publications March 8, 2022

Evelyn Sheehan Contrasts U.S. Sanctions and Asset Seizures Against Russian Oligarchs on NPR’s Planet Money

The Russian invasion of Ukraine has led the United States and its allies to sanction Russian oligarchs and seize their yachts, condos and other assets. Kobre & Kim’s Evelyn Sheehan, a former U.S. federal prosecutor who led asset forfeiture efforts from South Florida, sat down with NPR’s “Planet Money” to explain the difference between sanctions and asset seizures, and to offer a word of caution against ensnaring innocent third parties.

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Publications March 4, 2022

David McGill on Growing Uncertainty for Crypto Industry Amid U.S. “Regulatory Scrum”

Even as the cryptocurrency and digital asset industry continues to grow, a vast regulatory gulf persists even in the U.S., and the uncertainty this creates is only set to intensify. Kobre & Kim’s David McGill, who represents clients in the finance and crypto industries against government enforcement, explains when he spoke with Orbit TRC.

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Accolades February 28, 2022

Kobre & Kim and Lawyers Recognized in Multiple Chambers Global 2022 Categories

In recognition of our strong cross-border capabilities and deep bench of talent, Chambers & Partners listed Kobre & Kim and several lawyers around the world in their latest Global Guide rankings.

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Publications February 11, 2022

Michael Kim, Daniel Lee and Nathan Park: Legal Status of NFTs in Korea is Unclear

With the country’s strength in technology and pop culture, South Korea is seeing a rise in popularity of non-fungible tokens (NFTs). From tech and financial companies to K-pop agencies and Korean drama and video game producers, more industries are laying the groundwork for an NFT boom. However, as Michael Kim, Daniel Lee and Nathan Park explained in an article for Asia Business Law Review, the legal status of NFTs in Korea remains ambiguous.

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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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