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- Home
- Professionals
- Steven E. Fagell
Steve Fagell 代表公司、董事会和高级管理人员处理政府执法、内部调查和股东诉讼事务。
作为白领犯罪辩护和调查业务的合伙人以及反腐败业务的联合主席，Fagell先生主要提供涉及复杂的法律、政治和名誉风险的刑事和民事监管法律服务。他经常代表客户处理涉及美国司法部、证券交易委员会和其他执法和监管机构的法律事务。Fagell先生还为生命科学、金融服务、国防、科技、能源和制造行业的客户提供多种白领犯罪事务法律咨询，包括与海外贿赂、公司举报、内幕交易、会计欺诈、银行、政府合同、出口管制和跨国税务有关的事务。Fagell先生曾负责财富500强客户在中国、俄国和其他地方的高度敏感的内部调查，并曾为被称为美国历史上最大的个人所得税避税案被告辩护。该避税案（美国政府对Anderson）产生了一个关键的证据展示判决，该判决树立了有利于文件密集型白领犯罪被告的判例。
Fagell先生曾担任美国司法部刑法司副办公厅主任兼顾问。作为刑法司的高级领导团队成员（2009-2010），Fagell先生是助理司法部长Lanny A. Breuer在诉讼、政策、立法和管理等多个领域的关键顾问。在此任职期间，Fagell先生还参加了与《反海外腐败法》、公司和证券欺诈以及其他形式金融欺诈等有关的刑法司政策的制定。Fagell先生还负责协调刑法司与金融欺诈执法工作组和金融危机调查委员会的工作，并经常代表刑法司参加与证券交易委员会、联邦调查局以及其他主要监管机构和执法机构的沟通交流。
自从回到私营领域执业后，Fagell经常对《多德-弗兰克法案》下的证券交易委员会举报机制进行评论，并经常对《反海外腐败法》执法和金融欺诈进行评论。其曾接受多家媒体的采访，包括消费者新闻与商业频道（CNBC）、《国家法律期刊》（ National Law Journal）、《美国律师》（ American Lawyer）、《公司董事会成员》（ Corporate Board Member）、《Corporate Crime Reporter》和《合规周刊》（ Compliance Week）
- 在司法部的最近一次刑事出口管制执法活动中担任一家全球财富500强公司在华盛顿的总法律顾问 ;
- 在一项以未采取执法行动结束的案件中，成功代表一家财富100强生产性企业处理为期17个月的美国证监会提起的FCPA调查
在一项以未采取执法行动结束的案件中，成功代表一家大型区域性银行处理证监会有关抵押贷款回购的调查 - 代表一家财富100强生产企业处理为期18个月的证券交易委员会发起的反海外腐败法调查，该调查于近期结束且没有导致采取执法行动；
- 代表一家大型区域银行处理一项有关抵押贷款回购准备金的证券交易委员会调查；
- 代表某个人处理内幕交易指控；
- 代表一家领先公司联盟参与证券交易委员会有关执行《多德-弗兰克金融改革法案》中的举报奖励措施的规则制定；
- 美国政府和 Anderson诉讼一案， 416 F. Supp. 2d 110（哥伦比亚特区地区法院，2006）（在一项复杂的涉及税收的刑事诉讼中判定政府执行Rule 16下的披露）；
- 在一项股东派生诉讼中担任惠普公司董事会专门诉讼委员会的顾问，诉因涉及董事会2005年和2006年对向媒体泄露公司保密信息的回应；
- 代表阿德尔菲亚通信公司（Adelphia Communications Corporation和泰科国际有限公司（Tyco International Ltd）的董事会进行内部调查；
- 汉弥尔顿郡政委员会和美国橄榄球大联盟诉讼一案，445 F. Supp. 2d 835（俄亥俄州南区法院，2006），aff’d, 491 F.3d 310（第六巡回法院，2007）（在一项针对大联盟的球队迁移规则的联邦反垄断起诉中授予橄榄球大联盟即决判决）。
成员资格
- 《白领犯罪法律360》，编辑顾问委员会
- Edward Bennett Williams Inn of Court
职业经历
- 美国司法部刑法司助理司法部长的副办公厅主任兼顾问；
- 摩立特集团（Monitor Group）咨询公司 ，顾问 。
January 20, 2021, Covington Alert
Based on the top-line numbers, 2020 was a banner year for U.S. Foreign Corrupt Practices Act (“FCPA”) enforcement. We saw several record-setting fines as U.S.-recovered penalties from corporate resolutions totaled more than $2.75 billion—the highest on record; and a new company entered the all-time U.S. recoveries Top 10 resolutions list. While some commentators ...
December 14, 2020, Covington Alert
On December 10th, the Antitrust Division of the U.S. Department of Justice announced its first criminal indictment targeting an alleged conspiracy to reduce employee wages. The DOJ charged the former owner of a therapist staffing company with conspiring to reduce pay rates for healthcare worker contractors, but did not charge the company itself. Specifically, ...
Three Covington Partners Named Law360 MVPs
November 2, 2020
WASHINGTON—Law360 has named three Covington lawyers as MVPs. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals. The Covington lawyers recognized as Law360 MVPs are: Jay Carey was recognized for helping data services giant Optum successfully ...
September 29, 2020, Covington Alert
Last week, a divided Securities and Exchange Commission amended its whistleblower rules, hailing the changes as adding “clarity, efficiency and transparency to its successful whistleblower program.” Although the agency made a large number of changes to the program, the amendments should not have a significant overall effect on SEC whistleblower activity, which ...
July 21, 2020, Covington Alert
On July 17, 2020, Commonwealth Edison Company (“ComEd”), an Illinois utility company, entered into a deferred prosecution agreement (the “DPA”) with the U.S. Department of Justice (“DOJ” or the “Department”) to resolve allegations of bribery under 18 U.S.C. § 666, which prohibits theft or bribery concerning programs receiving federal funds. Aside from the ...
《FCPA信息指引》第二版：你需要了解的内容
July 6, 2020, 科文顿电子期刊
2020年7月3日，美国司法部（下称“司法部”）刑事司和美国证券交易委员会（下称“证交会”）执法部低调发布了《美国反海外腐败法信息指引（第二版）》（下称“第二版”）。该《信息指引》第一版（下称“第一版”）发布于2012年11月，已成为《反海外腐败法》（下称“FCPA”）从业者和合规专业人士重要的参考资源。如同第一版一样，第二版仍然是关于司法部和证交会对FCPA各种相关问题立场的非约束性、非正式指引。
June 24, 2020, Covington Alert
On June 22, 2020, in Liu v. SEC, the U.S. Supreme Court, by an 8-1 majority, upheld the SEC’s decades-old practice of seeking disgorgement of ill-gotten gains from securities law violators in civil enforcement actions filed in federal district court. The SEC’s victory, however, was tempered by the Court’s insistence that disgorgement must be strictly limited to ...
2020年6月3日, 科文顿电子期刊
2020年6月1日，美国司法部（下称?司法部?）刑事司发布了更新版的企业合规体系评估文件（下称?指引?），该指引是供检察官在司法部调查中评估企业合规体系时参考的文件。司法部最近一次修订指引是在2019年4月，我们在之前一篇客户期刊中讨论过该版指引。如同指引之前重申的那样，2020年6月的版本仍然适用于涉及企业组织的所有刑事司调查和执法行动。
2020年4月8日, 科文顿电子期刊
COVID-19（下称“新冠肺炎”）正造成美国全国法律体系的大面积中断，也给政府调查中的实际和潜在主体以及执法行动中的被告人带来影响。本客户报告分析了此次疫情对默认的联邦犯罪诉讼时效以及《迅速审判法》下期限的潜在影响。
March 31, 2020, Covington Alert
On March 30, 2020, the inspectors general of several major agencies selected the Department of Defense Inspector General, Glenn Fine, to lead a newly created federal oversight entity that will investigate waste, fraud, and abuse in connection with the massive new coronavirus economic relief legislation. The inspectors general were exercising new authority ...
January 30, 2020, Covington Alert
It has been another strong year in anti-corruption enforcement, with 2019 meeting or beating the high-water mark for enforcement across a number of measurements.
December 17, 2019, Covington Alert
On Friday, December 13, Principal Deputy Attorney General David Burns of the Justice Department’s (“DOJ’s” or “the Department’s”) National Security Division (“NSD”), announced a new DOJ policy for business organizations that voluntarily disclose potential criminal violations of the U.S. export controls and sanctions laws to NSD’s Counterintelligence and Export ...
May 10, 2019, Covington Alert
On April 30, 2019, the U.S. Department of Justice (“DOJ”) Criminal Division released an updated version of the Evaluation of Corporate Compliance Programs (the “Guidance”), which serves as a reference for prosecutors in assessing corporate compliance programs in the context of DOJ investigations.
April 3, 2019, Covington Alert
In March 2019, the U.S. Department of Justice introduced several changes to the Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“the Policy”). The Policy, originally incorporated into the Justice Manual in November 2017, outlines the Department’s position on mitigation credit that companies may receive for voluntary self-disclosure, full ...
April 3, 2019, Covington Alert
In March 2019, the U.S. Department of Justice introduced several changes to the Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“the Policy”). The Policy, originally incorporated into the Justice Manual in November 2017, outlines the Department’s position on mitigation credit that companies may receive for voluntary self-disclosure, full ...
Q1 2019, Covington Alert
It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...
Winter 2019, Covington Alert
It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...
September 28, 2018, Covington Advisory
On August 24, 2018, the Second Circuit issued its much-anticipated decision in U.S. v. Hoskins.Emphasizing on multiple occasions that Congress defined “with surgical precision” who could be liable under the anti-bribery provisions of the Foreign Corrupt Practices Act (“FCPA”), the court held that the government may not employ conspiracy or accomplice liability ...
July 19, 2018, Covington Alert
Last week, in SEC v. Cohen, a federal district court dismissed an SEC enforcement action, in its entirety, on statute-of-limitations grounds. Most notably, citing the Supreme Court’s 2017 Kokesh decision, the court held that the injunction sought by the SEC in the case "would function at least partly to punish Defendants and is therefore a penalty" for purposes ...
June 6, 2018, PLI Course Handbook, Internal Investigations
March 7, 2018
WASHINGTON—Global Investigations Review and Who’s Who Legal: Investigations have recognized Covington’s White Collar Defense and Investigations Practice Group in its 2018 report. The publication named Covington partners Tammy Albarrán and Steven Fagell to the inaugural Future Leaders issue, a ranking of “the most eminent lawyers in the field under 45,” and ...
February 23, 2018, Covington Alert
On Wednesday, the Supreme Court issued its much-anticipated decision in Digital Realty Trust, Inc. v. Somers. Ruling 9-0, the Court held that the Dodd-Frank Act prohibits retaliation against whistleblowers only if they reported suspected wrongdoing directly to the SEC.
White Collar Group Of The Year: Covington & Burling
February 2, 2018, Law360
Covington was named a 2017 White Collar Practice Group of the Year by Law360. Commenting on the firm's representation of Takata Corp. in its highly sensitive $1 billion deal with the U.S. Department of Justice over air bag inflators, Steven Fagell says, "It was a very sensitive and very complicated matter, and there were other regulators that had taken an ...
January 25, 2018, Covington Advisory
Our message this year is simple: FCPA enforcement is here to stay. Despite pre-election statements to the contrary, various senior officials in the U.S. Department of Justice (“DOJ”) and U.S. Securities and Exchange Commission (“SEC”) have, over the past year, consistently reaffirmed DOJ’s and the SEC’s commitment to FCPA enforcement.
The Regulator Whisperers: Covington & Burling, Finalist for White Collar/Regulatory Litigation Department of the Year
January 2018, The American Lawyer
The American Lawyer named Covington a finalist for White Collar/Regulatory Litigation Department of the Year and highlights Eric Holder, Steven Fagell, Lanny Breuer, Nancy Kestenbaum, and Mythili Raman in its profile.
December 13, 2017, Covington Alert
During his keynote speech at the 34th International Conference on the Foreign Corrupt Practices Act (“FCPA”), U.S. Deputy Attorney General Rod J. Rosenstein announced a new FCPA Corporate Enforcement Policy (the “Policy”), which is now incorporated in the United States Attorneys’ Manual (“USAM”).
December 13, 2017, Covington Alert
During his keynote speech at the 34th International Conference on the Foreign Corrupt Practices Act (“FCPA”), U.S. Deputy Attorney General Rod J. Rosenstein announced a new FCPA Corporate Enforcement Policy (the “Policy”), which is now incorporated in the United States Attorneys’ Manual (“USAM”). According to Deputy Attorney General Rosenstein, the goal of the ...
June 7, 2017, Covington Alert
On Monday, in Kokesh v. SEC, the Supreme Court handed a major loss to the Securities and Exchange Commission, unanimously holding that SEC claims for disgorgement of ill-gotten gains are subject to a five-year statute of limitations. The Kokesh decision also calls into question the proper measure of disgorgement (e.g., gross versus net profits) and even whether ...
June 7, 2017, Covington Alert
On Monday, in Kokesh v. SEC,1 the Supreme Court handed a major loss to the Securities and Exchange Commission, unanimously holding that SEC claims for disgorgement of ill-gotten gains are subject to a five-year statute of limitations. For decades, the SEC had taken the position that its disgorgement claims could reach back indefinitely, and recently obtained a ...
Winter 2017, Covington Alert
Anti-corruption enforcement is at a crossroads. In many respects, global anti-corruption enforcement has never been more active. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) in 2016 collected a total of $2.41 billion through FCPA enforcement actions against 27 corporate defendants, including through their share ...
January 27, 2017, Law360
Law360 selected Covington’s International Trade practice as a “Practice Group of the Year,” profiling the team’s involvement in billions of dollars worth of transactions, Foreign Corrupt Practices Act investigations, and sensitive national security trade reviews. “Our practice in general is distinguished by the sheer number of former senior enforcement officials ...
January 13, 2017, Covington Alert
Over the past few months, the agencies responsible for criminal and civil enforcement of U.S. export control and economic sanctions laws have implemented a number of important changes in their enforcement practices. In October 2016, the U.S. Department of Justice (“DOJ”), National Security Division (“NSD”) published guidance on voluntary self-disclosures of ...
September 30, 2016, Covington Alert
The U.S. Securities and Exchange Commission (SEC) continues to aggressively pursue companies using severance and other employment agreements that could be perceived to discourage employees from reporting possible securities law violations. Three enforcement actions this past summer demonstrate the need for companies to proactively review and give consideration ...
Covington secures DOJ declination for AB InBev
August 30, 2016, Global Investigations Review
Global Investigations Review highlights Covington’s role in helping AB InBev secure a declination notice from the U.S. Department of Justice in an FCPA investigation regarding the company’s business partners in India. The Covington team was led by Steven Fagell, who worked with Lanny Breuer, Jason Criss, and Benjamin Haley on the matter.
August 22, 2016
WASHINGTON—Global Investigations Review has named Covington’s FCPA practice among Washington’s “elite,” the highest tier in its “Washington DC’s FCPA Bar” survey. In its profile, GIR notes Covington’s “deep bench of high-level former prosecutors,” including former U.S. Attorney General Eric Holder; the last two former heads of the Criminal Division at the ...
May 12, 2016
WASHINGTON, DC — Covington advised China Molybdenum Co., Ltd (“CMOC”) on certain aspects of its agreement to acquire Freeport-McMoRan Inc.’s indirect 56% Interest in Tenke Fungurume for $2.65 billion in cash plus contingent consideration of up to $120 million. CMOC is primarily engaged in the mining, processing and marketing of mineral products. The acquisition ...
April 21, 2016, Covington Alert
On April 5, 2016, the United States Department of Justice (“DOJ”), through the Criminal Division’s Fraud Section, announced a one-year Foreign Corrupt Practices Act (“FCPA”) enforcement pilot program (the “Pilot Program”) intended to motivate companies to voluntarily disclose FCPA-related misconduct and increase transparency around the Fraud Section’s approach ...
April 6, 2016, Global Investigations Review
Steven Fagell is quoted in this GIR article regarding a recent Court of Appeals decision that a lower court overstepped its authority by rejecting a DOJ settlement with Dutch aerospace company Fokker. According to Fagell, “The ruling will likely clip the wings of any US district judge looking to second-guess the Justice Department's charging decisions in ...
Bribery and Corruption Risks in the Global Market
March 16, 2016, Global Business Conference – Guidance for US Businesses Working Globally
Upping the ante - a fireside chat with the DoJ’s new compliance consultant and tips for success post-Yates Memo
February 9, 2016, Panelist, Global Investigations Review GIR LIVE DC
September 11, 2015, Covington Alert
“Agency” Under the FCPA: Assessing and Mitigating Newfound FCPA Liability Risks Posed by Subsidiaries, Affiliates and Joint Ventures
May 19, 2015, 17th Annual New York Conference on the Foreign Corrupt Practices Act
The impact of Fokker on US DPAs
February 12, 2015, Global Arbitration Review
Covington's Steve Fagell is quoted regarding the impact of a judge’s decision to reject the US DoJ’s deferred prosecution agreement with Dutch aerospace company Fokker. "Judge Leon and Judge Gleeson’s diverging view on the role of the judiciary in the settlement process open up questions on “how any judge will exercise his or her discretion, and if they are ...
Q3: 2014, Ethisphere Executive Briefing, Volume 1
2014, Practising Law Institute
United States v. Esquenazi - U.S. Court of Appeals Clarifies FCPA's 'Foreign Official' Standard
May 23, 2014, Covington Advisory
DOJ's Quiet Concession
May 12, 2014, The National Law Journal
Covington's Steve Fagell is quoted regarding federal law that states it is a crime to "knowingly and willfully" give false statements in any matter under federal jurisdiction. The Justice Department has announced that to make the case that a defendant acted willfully, the government must prove that he or she knew the statement was unlawful. "Steven Fagell of ...
DOJ and SEC Alumni Roundtable Discussion
Panel Moderator, 4/28/2014, ACI’s FCPA & Anti-Corruption for the Life Sciences Industry Conference
A Dip in Pace of DPAs, NPAs—for Now
August 6, 2013, Compliance Week
Steven Fagell was quoted in this article.
July 29, 2013, Covington Advisory
Deferred and Non-Prosecution Agreements
May 3, 2013, Neither Admit Nor Deny: Corporate Crime in the Age of Deferred Prosecutions, Consent Decrees, Whistleblowers & Monitors
April 26, 2013, Covington E-Alert
Inside New FCPA Guidance: What it Does and Doesn't Do
November 27, 2012, Compliance Week
Steven Fagell was interviewed for this article.
After Long Wait, Do FCPA Rules Change Very Much?
November 19, 2012, National Law Journal
Steven Fagell was quoted in this article which discussed the release of the DOJ and SEC Resource Guide to the FCPA.
July 12, 2012, Covington Advisory
Update on the US Department of Justice (DoJ) Enforcement Priorities and the Implications for Business in China
April 25, 2012, Anti-Corruption China Summit
Regulatory Investigations: What Boards Need to Know
Q4 2012, Corporate Board Member
Steven Fagell was interviewed for this article.
The Experts Weigh In: E-discovery Strategies for International Anti-bribery Investigations
2012, Main Justice/FTI
Steven Fagell was quoted in this white paper.
October 14, 2011, Covington Advisory
SFO Director Outlines Bribery Act Enforcement Agenda At Covington Anti-Corruption Summit
October 10, 2011
WASHINGTON, DC, October 10, 2011 — The head of the UK’s Serious Fraud Office, the agency responsible for enforcing the UK Bribery Act, warned corporations last week that the SFO is actively pursuing cases in which foreign corporations have undercut UK companies through corrupt actions in other countries. “What we are actively looking for is a case where a ...
Global Anti-Corruption Enforcement Update
September 20, 2011, West LegalEdcenter Webinar
The New SEC Whistleblower Rules: What Will They Mean in Practice?
June 23, 2011, Covington & Burling Webinar
The SEC Whistleblower Rules: A New Era in Fraud Investigation
June 6, 2011, West LegalEd Center
June 2, 2011, Covington Advisory
May 20, 2011, Covington Advisory
After the UK Bribery Act: The Future of US/UK Anti-Corruption Enforcement
March 28, 2011, Main Justice Webinar
Dodd-Frank's Whistleblower Provisions: Implications for Corporate Compliance and Ethics Programs
February 17, 2011, West LegalEd Center and Ethisphere
January/February 2011, The Corporate Governance Advisor
The New SEC Whistleblower Provisions: Is the Sky Really Falling?
January 2011, 4th Annual Anti-Corruption Asia Congress
January 24, 2011, Covington E-Alert
Hot Topics in FCPA & Securities Fraud Enforcement
January 10, 2011, Main Justice
Steven Fagell participated in an interview for this piece.
January 2011, Covington E-Alert
November 5, 2010, Covington E-Alert
FCPA and Financial Fraud Enforcement: Lessons from the DOJ Trenches
November 4, 2010, MAPI Manufacturer's Alliance Ethics and Compliance Council
Ramped up Corporate Crime Enforcement
October 27, 2010, Corporate Crime Reporter
Steven Fagell participated in this interview.
October 20, 2010, Covington E-Alert
Whistleblowing Protections Under Dodd-Frank Act
October 8, 2010, Compliance Week News Podcast
Steven Fagell participated in this interview.
Whistleblower Provisions in Dodd-Frank
September 23, 2010, Am Law Litigation Daily
Steven Fagell participated in a Q&A.
September 1, 2010
WASHINGTON, DC, September 1, 2010 — Covington & Burling LLP is pleased to announce that Steven Fagell, most recently the Deputy Chief of Staff and Counselor to the Assistant Attorney General of the Criminal Division at the U.S. Department of Justice, has rejoined the firm as a partner. Mr. Fagell will practice in the firm’s litigation group, with a particular ...
Covington Promotes 12 Lawyers to the Partnership
10/1/2008
WASHINGTON, DC, October 1, 2008 — Covington & Burling LLP today announced that 12 of its lawyers have been elected to the firm’s partnership. These new partners are resident in four of the firm’s offices and practice in the litigation, corporate/tax, and regulatory fields. Timothy Hester, chair of the firm’s management committee, commented: “These young and ...
- 《钱伯斯美国指南》，全国 - 公司犯罪和调查；全国-反海外腐败法；诉讼（华盛顿特区）-白领犯罪（2015）
- Euromoney, Benchmark：美国一流诉讼事务所和律师专家指引 --- 证券，白领犯罪明星律师，华盛顿 （2012-2015）
- 《法律500强》，白领犯罪刑事辩护（2011, 2014-2015）
- 《华盛顿超级律师》，刑事辩护： “明日之星”（2013）; 白领犯罪 (2015)