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.


Events June 9, 2021

Jonathan Cogan and Benjamin Sauter To Share Commodities and Derivatives Enforcement Defense Strategies at Chicago Bar Association Event

American commodities and derivatives regulators, including the Commodity Futures Trading Commission (CFTC) as well as the U.S. Department of Justice, have in recent years taken increasingly aggressive stances against traders, a trend that shows no sign of stopping.

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Publications June 1, 2021

Robin Baik & Daniel Lee Unpack Korea’s Anti-Money Laundering Regime in 2021

Writing in a chapter of the International Comparative Legal Guide’s “Anti-Money Laundering 2021,” Kobre & Kim’s Robin Baik and Daniel Lee, both based in Seoul, explore the landscape of anti-money laundering laws and regulations in Korea.

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Publications May 24, 2021

Could NFTs Trigger AML Regulation? Benjamin Sauter, Melisa Ortes Gonzalez and Lara Levinson Examine in Forkast News

Non-fungible tokens (NFTs) are the latest digital technology trend, but they may not be beyond regulatory oversight. Kobre & Kim’s Benjamin Sauter, Melisa Ortes Gonzalez and Lara Levinson unpack the potential traps in an article for Forkast News.

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Publications May 18, 2021

Benjamin Sauter in WIRED: Can a Tweet be Considered Market Manipulation?

Tesla founder Elon Musk’s tweets have the power to send bitcoin prices crashing and Dogecoin prices soaring. But with Tesla sitting on a pile of bitcoin, some are asking whether Musk’s tweets amount to illegal manipulation.

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Accolades May 18, 2021

Hartley West Recognized in GIR Women in Investigations 2021

In its most geographically diverse survey to date, Kobre & Kim’s Hartley M.K. West has been recognized as one of 100 exceptional women in the field of white-collar crime as part of the Global Investigations Review (GIR) 2021 Women in Investigations survey.

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Firm News May 14, 2021

Kobre & Kim Lawyers Part of Inaugural Class of Brazil-U.S. 40 and Under White-Collar Lawyers Initiative

Kobre & Kim is proud to have five of our lawyers, Benjamin Sirota, Martin De Luca, Carolina Leung, Melisa Ortes Gonzalez and Scott Nielson, as members of the inaugural class of the Brazil-U.S. 40 and Under White-Collar Lawyers Initiative.

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Events May 11, 2021

Evelyn Sheehan Joins PLI Panel on Foreign Corruption and Money Laundering Risks for Professionals

It may surprise some to learn that the U.S. Department of Justice (DOJ) is involved in prosecuting corruption schemes committed entirely abroad, as corrupt proceeds often flow into the U.S. All this presents risks for professionals involved in moving money. As part of the Practising Law Institute (PLI) “Anti-Money Laundering 2021: Risks, Due Diligence and Compliance in an Evolving Legal World” program, Kobre & Kim’s Evelyn Sheehan will untangle the complexities in a virtual panel on May 11, 12:00 pm New York time.

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Publications April 23, 2021

Benjamin Sirota Discusses U.S. Supreme Court Ruling Against the U.S. Federal Trade Commission

In a recent opinion, the U.S. Supreme Court unanimously ruled that the U.S. Federal Trade Commission (FTC) does not have the authority to directly seek monetary relief. Kobre & Kim’s Benjamin Sirota sat down with Global Competition Review to comment on one notable aspect of the court’s opinion.

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Publications April 22, 2021

Former DOJ Prosecutor Michael Sherwin Discusses Move to Kobre & Kim with Law360

In a recent interview with Law360 marking his start at the firm, Kobre & Kim’s Michael Sherwin, a former top U.S. Department of Justice (DOJ) prosecutor, explained the reasons for his move to private practice from prosecution to defense, as well as the global trends this move allows him to capitalize on.

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Publications April 21, 2021

Benjamin Sauter, Jonathan Cogan and Lydia Halpern on Standing Up to the CFTC’s Wash Trading Theories in Traders Magazine

The U.S. Commodity Futures Trading Commission (CFTC) has a reputation of overreach, asserting aggressive legal theories in hopes of bulldozing companies into submission. Their target now is on wash trading but, as Kobre & Kim’s Benjamin Sauter, Jonathan Cogan and Lydia Halpern write in Traders Magazine, their theories are just as dubious as before, and traders should not be afraid to push back.

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Publications April 14, 2021

Evelyn Sheehan and Amanda Tuminelli Pen Article on the New U.S. Administration’s Anti-Corruption Efforts in Latin America

With the new U.S. administration expected to double down on anti-corruption enforcement efforts, and with recent legislation providing them new tools to do so, high-net-worth individuals (HNWIs) in Latin America are likely to be the focus of scrutiny. Kobre & Kim’s Evelyn Sheehan and Amanda Tuminelli examine the impending risks in an article for the Anti-Corruption Report.

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Publications April 14, 2021

Bill McGovern on New SEC Chair Gary Gensler’s Potentially “Historic” Leadership

With the U.S. Senate confirming Gary Gensler as chair of the U.S. Securities and Exchange Commission (SEC), Kobre & Kim’s Bill McGovern, a former SEC branch chief, sat down with Compliance Week to explore how Gensler will lead the agency.

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Publications April 8, 2021

Scott Hulsey and William McGovern Survey U.S. Corporate Fraud and Corruption Enforcement Trends in Q&A

In a Q&A for Financier Worldwide, Kobre & Kim’s Scott Hulsey and William McGovern examined the latest trends in U.S. corporate fraud and corruption enforcement.

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Successfully Fighting a Spoofing or Market Manipulation Subpoena from the DOJ or the CFTC Copy

  • The U.S. government has set its sights on market manipulation and “spoofing” among both traditional and digital currency traders.
  • For the trading firms and other market participants who could be in the government’s crosshairs, now is the time to plan how you will respond to a subpoena.
  • Traders and trading firms that find themselves on the receiving end of a subpoena related to spoofing or market manipulation should not immediately assume that cooperation is the best or only way to respond.

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Don't Stand Passive Against Anti-Competitive Behavior: U.S. Court Endorses Private Sector Antitrust Tools

  • Companies often believe that the only remedy for anti-competitive behavior comes from government intervention.
  • However, as a recent U.S. appeals court decision illustrates, private parties can obtain relief themselves, even against “consummated” mergers approved by government regulators.
  • This creative strategy is just one of many that companies can deploy by themselves when facing competitive challenges.

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