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English 中文
Steve Fagell represents companies, boards of directors, and senior executives in government enforcement matters, internal investigations, and shareholder litigation.
As a partner in the White Collar Defense & Investigations practice and as co-chair of the Anti-Corruption practice, Mr. Fagell focuses on criminal and civil regulatory matters presenting complex legal, political, and reputational risks. He routinely represents clients before the US Department of Justice, Securities and Exchange Commission, and other law enforcement and regulatory agencies. Mr. Fagell has advised clients in the life sciences, financial services, defense, technology, energy, and manufacturing industries on a variety of white collar matters, including those relating to foreign bribery, corporate whistleblowers, insider trading, accounting fraud, banking, government contracting, export controls, and transnational tax issues. He has led highly sensitive internal investigations in China, Russia, and elsewhere for Fortune 500 clients, and defended an individual in what has been described as the largest personal income tax evasion case in US history. The latter case -- United States v. Anderson -- led to a key discovery ruling that established favorable law for defendants embroiled in document-intensive white collar prosecutions.
Mr. Fagell is former Deputy Chief of Staff and Counselor in the Criminal Division at the Department of Justice. As a member of the Criminal Division’s senior leadership team from 2009-2010, Mr. Fagell was a key advisor to Assistant Attorney General Lanny A. Breuer on a broad range of litigation, policy, legislative, and management issues. He was integrally involved, for example, in the formulation of Division policy in connection with the Foreign Corrupt Practices Act, corporate and securities fraud, and other forms of financial fraud. Mr. Fagell coordinated the Division's work with the Financial Fraud Enforcement Task Force and the Financial Crisis Inquiry Commission, and he routinely represented the Division in its interactions with the SEC, the FBI, and other key regulators and law enforcement agencies.
Representative Matters
- Representing a large regional bank in an SEC inquiry concerning mortgage loan repurchase reserves.
- Leading a multi-jurisdictional internal FCPA investigation for a global investment company.
- Representation of an individual indicted for insider trading.
- Representation of a coalition of leading companies in the SEC's rulemaking to implement the Dodd-Frank whistleblower provisions.
- United States v. Anderson, 416 F. Supp. 2d 110 (D.D.C. 2006) (ordering early Rule 16 disclosures from the government in a complex criminal tax prosecution).
- Counsel to the Special Litigation Committee of the Hewlett-Packard Company Board of Directors in shareholder derivative litigation challenging the Board’s response in 2005 and 2006 to leaks of confidential company information to the press.
- Internal investigations on behalf of Board committees of Adelphia Communications Corporation and Tyco International, Ltd.
- Hamilton County Board of Commissioners v. National Football League, 445 F. Supp. 2d 835 (S.D. Ohio 2006), aff’d, 491 F.3d 310 (6th Cir. 2007) (granting NFL summary judgment in a federal antitrust challenge to the League’s franchise relocation rules).
Previous Experience
- U.S. Department of Justice, Criminal Division, Deputy Chief of Staff and Counselor to the Assistant Attorney General (2009-2010)
- The Monitor Group, Consultant (1995-1997)
Honors and Rankings
- Euromoney, Benchmark: Expert Guide to America’s Leading Litigation Firms and Attorneys - Securities, White Collar Crime Star, DC (2012)
- Legal 500, White-Collar Criminal Defense (2011)
Memberships and Affiliations
- Edward Bennett Williams Inn of Court
Publications and Speeches
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Main Justice interview - Hot Topics in FCPA & Securities Fraud Enforcement, January 4, 2011
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