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Steve Fagell is co-chair of the White Collar Defense and Investigations Practice Group. Covington's white collar group has received numerous honors and awards, including multiple selections as a Law360 "Practice Group of the Year" and consistent rankings by Chambers USA in "Band 1" nationwide for corporate investigations. The American Lawyer recently dubbed Covington "The Regulator Whisperers."

Mr. Fagell is a former senior official in the Criminal Division at the U.S. Department of Justice. He represents companies and individuals facing sensitive government investigations, with a focus on cases involving FCPA, export controls, accounting fraud, healthcare fraud, and corporate crises presenting multi-layered enterprise risk. Mr. Fagell brings a unique approach to white collar enforcement and has achieved extraordinary results for his clients. Since returning to private practice from the Justice Department in 2010, he has secured declinations in most of his corporate representations, even after multi-year investigations in which the U.S. government has invested significant resources.

Chambers USA has recognized Mr. Fagell as a nationwide expert in FCPA and as one of the top white collar lawyers in Washington, DC. Clients describe him in Chambers as "the ultimate regulator whisperer," adding that he is "extremely practical and a phenomenal problem solver on some of the thorniest legal issues you can imagine," "extremely good," and "one of the smartest guys around" who "doesn't miss a beat." Global Investigations Review/Who's Who Legal described Mr. Fagell as having an "eminent name for both corporations and individuals on matters of high-stakes civil and criminal enforcement" and ranked him first on its 2018 list of the most highly regarded investigations practitioners (45 and under) in the United States.

U.S. Government Enforcement Resolutions

  • Uber Technologies, Inc.: Lead coordinating and settlement counsel in securing a 2020 declination from DOJ in an FCPA investigation of Uber's businesses in India, Indonesia, Malaysia, and China. 
  • Multinational, publicly traded pharmaceutical company: Lead counsel in securing a declination in 2019 from DOJ in an FCPA investigation relating to alleged bribery in the Middle East.
  • Multinational, publicly traded biopharmaceutical company: Lead counsel in securing a declination in 2019 from the SEC after a four-year FCPA investigation relating to alleged bribery in Latin America.
  • Fortune 100 aerospace/defense company: Lead counsel in securing a declination in 2017 from DOJ after a four-year criminal export controls and false statements investigation.
  • Leading Non-Profit Entity: Co-lead counsel in securing a declination in 2017 from DOJ after a five-year FCPA investigation.
  • Anheuser-Busch InBev: Lead counsel in securing a declination in 2016 from DOJ and a favorable settlement from the SEC in connection with parallel FCPA investigations of ABI’s former joint venture in India.
  • Hewlett-Packard Company: Settlement counsel in 2014 FCPA resolutions with DOJ and SEC regarding HP’s businesses in Russia, Poland, and Mexico.
  • United Technologies Corporation: Lead Washington, D.C. counsel in a 2012 DOJ criminal export controls and false statements enforcement action.

Representative On-Going Engagements

  • Multinational, publicly traded technology company: Lead coordinating counsel across various criminal and civil regulatory investigations by DOJ, SEC, FTC, state AGs, and other regulators.
  • Multinational, publicly traded biopharmaceutical company: Lead counsel in an ongoing, multi-jurisdictional FCPA investigation by DOJ/SEC.
  • Multinational, publicly traded consumer products company: Co-lead counsel in an ongoing DOJ healthcare fraud investigation.
  • Multinational, publicly traded diversified investment holding company: Lead counsel in an ongoing DOJ procurement fraud investigation. 

Memberships and Affiliations

  • White Collar Law360, Editorial Advisory Board (2013-2015)
  • Edward Bennett Williams Inn of Court

Previous Experience

  • Mr. Fagell is former Deputy Chief of Staff and Counselor in the Criminal Division at the Department of Justice. As one of the highest-ranking members 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.
  • Earlier in his career, Mr. Fagell worked at The Monitor Group as a business strategy consultant.
  • GIR/Who's Who Legal, "Named the top investigations lawyer in the United States under 45" (2018)
  • Finalist for White Collar/Regulatory Litigation Department of the Year by The American Lawyer (2017)
  • Law360, White Collar Practice Group of the Year (2017-2018)
  • Chambers USA, Litigation: White Collar Crime & Government Investigations (DC) and FCPA (Nationwide) (2015-2020)
  • Chambers Global,  Corporate Investigations (2016-2019)
  • Chambers Latin America: Corporate Crime and Investigation (2017-2019)
  • Euromoney, Benchmark: Expert Guide to America’s Leading Litigation Firms and Attorneys - Securities, White Collar Crime Star, DC (2012-2018)
  • Legal 500, Dispute Resolution - International Trade (2017) and White-Collar Criminal Defense (2011, 2014-2016)
  • Washington DC Super Lawyers, Criminal Defense: "Rising Star" (2013); White Collar (2015-2020)