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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.

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Publications July 22, 2019

Kobre & Kim in Foreign Policy: Chinese banks are the next frontline of the U.S.-China Trade War

Kobre & Kim’s Wade Weems, Nathan Park and Beau Barnes offered their latest insights on the U.S.-China trade war in Foreign Policy this weekend, discussing a U.S. federal courts’ order against three Chinese banks to comply with a subpoena in connection to violations of sanctions against North Korea.

Events July 22, 2019

Vasu Muthyala Conducts Anti-Corruption and Compliance Workshop in Washington DC

On July 23, Kobre & Kim’s Vasu Muthyala will be conducting a workshop at American Conference Institute’s Anti-Corruption Compliance for High Risk Markets in Washington DC.

Events July 2, 2019

Vasu Muthyala Discusses Volkswagen and Compliance at the TRACE Bribery and Economic Crime Summit

On Wednesday, June 26, Kobre & Kim’s Vasu Muthyala moderated a session entitled “What Went Wrong – The Volkswagen Story” at TRACE International’s Bribery and Economic Crime Summit in Vancouver, Canada.

Publications June 27, 2019

Beau Barnes speaks with GIR on Sanctions Enforcement in the Digital Currency World

With his experience advocating on behalf of clients under investigation for potential sanctions violations, Beau Barnes spoke with Global Investigations Review on the latest regulatory challenge facing the cryptocurrency industry: Sanctions compliance.

Events June 18, 2019

William McGovern Discusses Shifting U.S. Immigration Enforcement at the Annual Conference on Immigration Law

New U.S. policies now permit U.S. Immigration and Customs Enforcement (ICE) agents to use Interpol red notices as a basis to detain non-citizens in the United States.

Extradition & Due Process: U.S. Asylum Seekers Are on “Notice” Too

The January 2017 Executive Order “Enhancing Public Safety in the Interior of the United States” broadens the categories of immigrants who can face deportation to include those who pose, in the judgment of an immigration officer, a “risk to public safety or national security.”
Under “Project Red,” ICE has collaborated with state and local law enforcement agencies, the United States Marshals Service, Europol, and Interpol to target and arrest individuals wanted by foreign governments. This is a departure from precedent for the U.S.
In a recent demonstration of Project Red, ICE arrested 105 immigrants and foreign nationals in a five-day enforcement operation in New Jersey. Several of these individuals were the subject of Interpol Red Notices for alleged crimes in their home countries.

Publications June 17, 2019

Wade Weems quoted in New York Times Investigation on Corruption within China’s Healthcare Industry

Kobre & Kim’s Wade Weems, who regularly counsels PRC-based corporations and individuals in cross-border bribery investigations, recently spoke to The New York Times in their investigation on issues of corruption within China’s health care industry.

Events June 5, 2019

Evelyn Sheehan Discusses the Challenges of Conducting Internal Investigations

Kobre & Kim’s Evelyn Sheehan will join the panel “Challenging Issues in Internal Investigations” at Latin Lawyer’s GIR Live Anti-Corruption & Investigations symposium on June 6^th in Mexico City to address the key components of selecting an effective and reliable counsel to carry out compliance measures.

Publications May 23, 2019

Robert Henoch Examines Potential for FCPA Enforcement Actions into Israel in Haaretz

Kobre & Kim lawyer and former U.S. Department of Justice prosecutor Robert Henoch spoke with the independent Israeli newspaper Haaretz to explain the function and application of the U.S. Foreign Corrupt Practices Act (FCPA) in cases of suspected bribery.

U.S. Increasingly Enforcing Against India

Relations between India and the U.S. have recently experienced a few blows, including the termination of the former's preferential trading status with the U.S.
For future Indian defendants, it will be of paramount importance to understand the strategies and tactics of U.S. enforcement agencies in charge of bribery, national security and fraud investigations.
When regulators come knocking, those who choose to sit idly by will find themselves at a disadvantage.

“Cartels Beware”: U.S.-Korea Antitrust Enforcement Likely to Reach a New Scale

A recent meeting between antitrust enforcers from South Korea and the U.S. signals an increase in future collaboration between the U.S. Department of Justice (DOJ) and Korea Fair Trade Commission (KFTC) on cross-border criminal antitrust enforcement.
A greater degree of DOJ-KFTC collaboration will result in increasingly complex multinational antitrust litigation.
When these enforcers take collaborative actions, targets will require equally coordinated defense strategies - likely combining the knowledge of both Korea and U.S. antitrust specialists.

Publications May 13, 2019

Beau Barnes Discusses Potential OFAC Enforcement Strategy Shift from Companies to Executives

Kobre & Kim’s Beau Barnes brings his economic sanctions and regulatory background to evaluate recent developments in enforcement actions from the U.S. Treasury's Office of Foreign Assets Control (OFAC) and their implications for U.S. companies in Law 360.

Events May 8, 2019

Jian Wu Discusses Dispute Resolution Between Chinese Investors and Local African Partners

Kobre & Kim’s Jian Wu will utilize his experience in multijurisdictional investigations to discuss the unique challenges facing China-based companies operating in Africa at New York City Bar’s “Chinese Energy and Infrastructure Projects in Emerging Markets” panel in New York on May 9th.

Publications May 2, 2019

Benjamin Sirota on DOJ Antitrust’s Evolving Treatment of Corporate Compliance Programs with New York Law Journal

Kobre & Kim attorney and former Department of Justice (DOJ) Antitrust Division prosecutor Benjamin Sirota discusses the past, present and future of the U.S. Department of Justice Antitrust Division’s policy regarding whether to credit corporate compliance programs in charging decisions and at sentencing, and on what terms.

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

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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