White Collar Defense
In today’s heightened enforcement climate, proceedings can change from regulatory/administrative to criminal in the blink of an eye. Increasingly, prosecutors seek to indict corporate entities and target high-level officers and directors for prosecution and jail. Our substantial experience has earned us the confidence of top executives and officials in numerous high-profile investigations: Enron, Halliburton, the UN Iraq Oil-for-Food Programme, America Online, Banca Privada de Andorra, FIFA, and others.
In this environment, our clients rely on us because we provide sophisticated counsel and keen strategic planning. Our skilled criminal defense attorneys leave no stone unturned in exploring every potential legal and strategic defense. A vigorous defense should begin before charges are filed and should seek to forestall charges through investigation, negotiation, and legal advocacy. Sometimes, a thorough internal investigation can lead to a defense that will convince the government not to proffer charges. When charges cannot be avoided, our lawyers can rely on decades of courtroom experience to force the government to prove its case.
Our criminal defense attorneys include former state and federal prosecutors and include the former chief of the Manhattan District Attorney’s White Collar Division, a former federal prosecutor who handled complex cybercrime matters and was the lead prosecutor for the successful prosecution of a sitting Congressman, and the former Chief of the Manhattan D.A.’s International Financial Crimes Bureau. They have handled countless high-profile matters including public corruption, money laundering, fraud, cybercrime, terror finance, and virtually every type of white collar crime. Our attorneys also include longtime defense practitioners who made their careers by going toe-to-toe against the government. The combination of prosecutorial perspective and defense experience gives us an edge in building successful defenses. Many of our matters are international in scope, and involve navigating regulatory and criminal investigations in multiple jurisdictions.
On the investigative side, we have conducted internal investigations at financial institutions and corporations both within the United States and abroad. In one matter, we were retained just as federal prosecutors were preparing to serve the U.S. correspondent of a foreign bank with an asset freeze order. We conducted an internal investigation, recognized the problems within the bank, and negotiated with federal prosecutors to prevent them from serving the freeze order – which almost certainly would have meant the end of the client’s privileges in the United States and, in turn, its ability to function as an international bank.
Finally, we have often used our knowledge of what makes a good case to refer matters to law enforcement. Whistleblowers and victims of massive frauds have retained us to investigate allegations of crime, procure evidence, and bring matters to the appropriate law enforcement agencies.
Some of the areas where we have successfully defended the rights and interests of our clients—both individuals and organizations—include:
- Foreign Corrupt Practices Act/ International Bribery Investigations
- Mail Fraud and Wire Fraud
- Money Laundering
- Political Corruption/Honest Services Fraud
- Securities Fraud
- Tax Fraud
- Cybercrime and Identity Theft
- Sanctions and Export Control Violations
- Customs Fraud
- Whistleblower Actions
- Racketeering
- Asset Forfeiture
- Congressional Investigations and Testimony
- Response to Grand Jury Subpoenas and Target Letters
- Criminal Trials and Appeals
- Representing Corporations or Employees of Targeted Corporations
In the News
- NOTUS, December 19, 2024
- Adam Kaufmann on NY1Spectrum News NY1, December 19, 2024
A look at the pending SCOTUS decision in ‘Kousisis v. United States,’ which will have far-reaching consequences, not only for the scope of federal fraud prosecutions, but also for the way businesses operate and communicate with consumers, investors, and counterparties.
The New York Law Journal, December 12, 2024"The simple fact is that whether 'with prejudice' or 'without prejudice,' there surely will be little interest to push for the renewal of the charges based upon Jan. 6, 2021, when Trump leaves office in his 80s. Instead, it will be for history to view the conduct of Trump," Scholl told Law360.
Law360, November 25, 2024Global Investigations Review has ranked LBKM as one of the world’s leading firms for cross-border investigations.
November 15, 2024Marc Frazier Scholl was quoted in Law360 on whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders.
Law360, November 6, 2024LBKM is pleased to announce that Adam Kaufmann, John Moscow, and Solomon Shinerock have been named to the 2024 New York Super Lawyers list.
November 4, 2024An Orange County judge vacated the grand larceny conviction of Martin Soudani and voided the order for him to pay restitution to his uncle, Mout'z Soudani. She said the case was tainted by payments of up to $63,000 Mout’z Soudani allegedly made to Assistant District Attorney Stewart Rosenwasser during the investigation and prosecution.
Albany Times Union, October 17, 2024Anthony Capozzolo, a former federal prosecutor who represented a key figure in the Nxivm sex trafficking case against Keith Raniere, said that in the case against Mr. Combs, the government seemed eager to keep him detained in part because there might be witnesses who would be more willing to speak with Mr. Combs in jail.
“The same thing happened in the Nxivm case,” Mr. Capozzolo said. “Once he was locked up and people thought the air of invincibility was shattered, they were able to get even more witnesses.”
New York Times, September 18, 2024Adam Kaufmann is featured by The International Academy of Financial Crime Litigators as "Fellow of the Month." In this Q&A, Adam discusses a figure who inspires him, recommends best practices in a crisis situation, and gives advice to future litigators.
September 13, 2024"The government is charging Trump not for his abuse of presidential power but for his alleged criminal conduct as a candidate who seeks to alter the results of an election and also who seeks to bring the vice president into the corrupt cabal," Marc Scholl said.
Law360, August 28, 2024Lewis Baach Kaufmann Middlemiss made its debut this year in Chambers’ annual Latin America Guide, ranking as a leading international firm in the Corporate Crime & Investigations practice area.
LBKM is the only boutique firm to be so ranked.
August 2024The International Academy of Financial Crime Litigators has welcomed Adam Kaufmann as a new Fellow.
July 30, 2024Solomon Shinerock writes in Law360 about the unintended consequences of OFAC's expansion of the Specially Designated Nationals List.
Law360, July 26, 2024Cristián Francos was quoted in an article discussing the frameworks used in many Western countries to provide compensation to overseas victims of economic crime.
IBA Global Insight, July 23, 2024- Raw Story, July 7, 2024
LBKM partner Art Middlemiss was quoted extensively in a Salon.com article on the factors that will affect the former president's criminal sentencing.
June 8, 2024"It's always wise for the defendant not to rant about unfairness and innocence if he wants to get any sort of leniency at sentence," Marc Scholl of Lewis Baach Kaufmann Middlemiss PLLC, a former prosecutor in the New York County District Attorney's Office, told Law360.
Law360, May 31, 2024Marc Frazier Scholl commented in the New York Times on New York's prohibition against jurors being provided with a copy of the written legal instructions.
The New York Times, May 30, 2024Adam Kaufmann appeared on NBC News to discuss the verdict in Donald Trump's criminal trial.
NBC News, May 30, 2024Marc Frazier Scholl, commenting in the New York Times, discussed the complex instructions given to jurors in Donald Trump's criminal trial.
New York Times, May 29, 2024Julian Assange, charged with ten counts under the Espionage Act in a highly politicized case, won a crucial victory today that postponed his extradition to the United States.
LBKM’s Eric Lewis advised the Assange UK defense team with respect to the law and procedure of foreign nationals asserting rights under the First Amendment as a defense in criminal trials.
The Guardian, May 20, 2024Marc Frazier Scholl was quoted in the New York Times commenting on the prosecution's opening statement in the criminal trial of Donald Trump.
The New York Times, May 4, 2024The prosecutor's pending request represents "an additional remedy that the judge could use to cajole compliance," noted former New York prosecutor Marc Scholl of Lewis Baach Kaufmann Middlemiss PLLC.
The judge might also deny the request and warn Trump that, if he violates the gag order again, he could face cross-examination on the issue, which "should encourage a reasonable person to avoid a further contempt finding and provide Trump with ample notice to modulate his behavior," Scholl said.
Law360, May 1, 2024As opening arguments were underway in Donald Trump's criminal "hush money" trial, Adam Kaufmann spoke to Anderson Cooper live on CNN.
CNN, April 22, 2024Marc Scholl was quoted in Law360 on defense attorney Todd Blanche's opening arguments in Donald Trump's criminal hush-money trial.
Law360, April 22, 2024Reuters quoted Adam Kaufmann on the possibility of Donald Trump testifying in his criminal trial.
Reuters, April 19, 2024Who's Who Legal (WWL) has again recognized Cristián Francos as a global leader in the field of investigations. WWL highlights lawyers at the forefront of the investigations field, spanning white-collar crime, corporate compliance and regulatory enforcement.
April 2024Adam Kaufmann returned to NY1 to discuss the $454 million civil fraud judgment against Donald Trump.
Spectrum News NY1, March 19, 2024If Trump were to try to blame Cohen during the hush money trial, prosecutors could argue that Trump should have known that his attorney "might ignore the law" based on Cohen's history, according to former New York prosecutor Marc Scholl of Lewis Baach Kaufmann Middlemiss PLLC.
Law360, March 14, 2024Taking a backseat to Bragg's case also carries potential risks for Smith. Having the hush money trial go first could "put less pressure on the Supreme Court to handle the D.C. Circuit immunity appeal quickly," former New York prosecutor Marc Scholl of Lewis Baach Kaufmann Middlemiss PLLC told Law360.
Law360, February 21, 2024With just 30 days for Trump to settle a hefty penalty exceeding $350 million following Friday's civil fraud trial ruling in New York City, attorney Adam Kaufmann emphasized the mounting pressure.
Spectrum News NY1, February 20, 2024Carol Van Cleef was quoted in Money Laundering Bulletin on the dynamic compliance frontline of sanctions enforcement.
Money Laundering Bulletin, February 19, 2024"As an overall matter, this is an exhaustive opinion that dissects and rejects Trump's arguments," former New York prosecutor Marc Scholl of Lewis Baach Kaufmann Middlemiss PLLC told Law360.
The 57-page opinion "makes plain the irony implicit in a president, whose solemn constitutional duty is to take care that the laws of this country be 'faithfully executed,' seeking to make himself the sole exception from obeying the law," Scholl added.
Law360, February 6, 2024- Business Insider, January 2024
Former New York prosecutor Marc Scholl told Law360 that Judge Chutkan is "well-equipped" to make calls on whether Trump violated either of the requirements in question in the gag order based on the statements themselves, the "context in which any potentially violative statements are made, and any evidence that the parties wish to present."
Law360, December 12, 2023Trump's anticipated appeal would go to the intermediate New York Supreme Court Appellate Division, First Department, which has the "extraordinary power to review not just the law, but also the facts," Scholl noted.
While it would be "unusual" for the First Department to "overrule a credibility finding of the trial judge, who is acting as judge and jury," the appellate court could "find the facts differently from Justice Engoron," he added.
Law360, November 15, 2023Investigations into the protests and acts of violence at the U.S. Capitol on Jan. 6, 2021, have breathed new life into laws passed during the Reconstruction era, the period between 1865-1877 when significant reforms were passed in the wake of the Civil War.
Law360, October 24, 2023"Unlike in the last case, here, the government is alleging substantial payments made to Menendez and his wife in the form of cash, gold bars, and other direct gifts, such as a luxury car, by three businessmen," Scholl said. "Further, the government is alleging that it has better proof of direct things that Menendez and his wife did for those who paid them."
USA Today, September 23, 2023- USA Today, September 13, 2023
Marc Scholl told Law360 that because the "evidence could be viewed to show that Avenatti threatened to ruin Nike's reputation for personal gain, the extortion counts were necessarily affirmed."
Law360, August 30, 2023In light of the severe consequences of running afoul of OFAC's directives, there has not been enough meaningful opportunity to challenge the scope and basis of OFAC's decision making, Solomon Shinerock and Annika Conrad argue in Law360.
Law360, August 23, 2023New York federal prosecutors have asked a judge to sentence the minority owner of a financial institution to two years of probation for his failure to make sure the institution was following anti-money laundering regulations, saying he was less culpable than the company's compliance officer.
Law360, August 18, 2023- Law360, August 11, 2023
Rudy Giuliani's admission that he falsely accused two Georgia poll workers of rigging the 2020 election likely won't shield him from discovery requests in the defamation case and could even aid federal prosecutors in their election-interference probe of former President Donald Trump, experts say.
Marc Scholl of Lewis Baach Kaufmann Middlemiss PLLC [said], "It raises questions as to why Giuliani made these concessions and what discovery material that Giuliani has failed to produce may hold as to his culpability and the culpability of others, including Trump."
Law360, July 27, 2023"Willful blindness"? Marc Frazier Scholl was quoted in Law360 discussing potential arguments and counterarguments in the event Donald Trump is indicted in relation to the January 6 investigation.
Law360, July 18, 2023Adam Kaufmann returned to NY1 to discuss the letter Donald Trump claims to have received informing him that he is a target of the DOJ's investigation into efforts to overturn the results of the 2020 presidential election.
NY1, July 18, 2023"Not surprisingly, Trump's filing mentions no particular support to any challenge other than Trump wants to make a challenge," Marc Scholl of Lewis Baach Kaufmann Middlemiss PLLC said.
Law360, July 11, 2023In Turkiye Halk Bankasi A.S. v. U.S., the Supreme Court held that the FSIA did not provide immunity to a Turkish state-owned bank, Halkbank, for criminal charges, and that the bank could be prosecuted for evading U.S.-imposed economic sanctions against Iran.
Law360, June 30, 2023Adam Kaufmann joined “Mornings On 1” to provide perspective on the Trump indictment in Florida.
June 12, 2023- USA Today, June 9, 2023
- Trump can run in 2024 even if charged in classified documents case | Fact checkUSA Today, June 5, 2023
“My view is that while the law allows the prosecutor to play it close to the vest, it seems that best practice and fairness requires they reveal — to the extent they know — what the crimes are,” said Marc F. Scholl, who served in the district attorney’s office for nearly four decades in both trial and senior investigative roles. “And because it’s a matter of such public interest,” he added of the Trump case, “you really want to show the world you’re not hiding anything.”
The New York Times, May 7, 2023Marc Scholl, a former prosecutor in the Manhattan DA's office, said that while Trump had a chance of success, it was more likely that the case would be sent back to state court.
"At the end of the day, New York is not trying to prosecute him for a federal crime or for anything he did in connection with his presidential duties," Scholl said. "But it's certainly a potential delaying tactic."
Reuters, May 4, 2023The United States Supreme Court decided for the first time that foreign sovereigns and foreign-owned entities are subject to criminal prosecution in United States courts, rejecting the contentions of a Turkish state-owned bank that it was immune from prosecution under the Foreign Sovereign Immunities Act (“FSIA”).
April 20, 2023Cristián Francos, partner at Lewis Baach Kaufmann Middlemiss and head of the firm’s Latin America practice, has again been recognized by Who's Who Legal as a global leader in the field of investigations.
April 2023According to recent policy announcements, the U.S. Department of Justice is increasing incentives for corporate cooperation to further its goal of prosecuting individuals rather than the corporations where they work.
While the DOJ has long pursued this goal, the recent changes create firm new incentives for corporations to report wrongdoing by their officers and employees.
Law360, April 12, 2023- USA Today, April 11, 2023
- Law360, April 6, 2023
Adam Kaufmann joined Dan Abrams on NewsNation to discuss the use and credibility of Michael Cohen as a witness in the Trump hush money case.
NewsNation: Dan Abrams Live, March 22, 2023“The question is, should you prosecute or not,” John Moscow explained. “There’s some thought that falsifying business records is too small a crime. My thought is it is a very small crime. But your choices are to prosecute or not to prosecute, and if the evidence is there, you’ve got to prosecute.”
New York Law Journal, March 21, 2023Marc Scholl, a former prosecutor in the Manhattan district attorney's office, told Reuters that Trump being given an opportunity to testify suggests that the grand jury had heard evidence implicating him in a crime. "The invitation should mean the prosecutor is preparing to seek criminal charges."
Reuters, March 9, 2023The International Bar Association (IBA) has appointed partner Cristián Francos as Co-Chair of its Business Crime Committee for a two-year term.
February 28, 2023Adam Kaufmann, who has served in the past as a top executive in the district attorney’s office and is now in private practice, said Pomerantz is exposing himself to “a lot of possible jeopardy from a bunch of different directions.”
The Washington Post, January 18, 2023Eric Lewis, a lawyer and expert on extraditions, said that Bankman-Fried’s decision to go along with extradition might have been due to his not wanting to spend months in a Bahamian jail, where conditions are notoriously bad. While Bankman-Fried has the legal right to challenge the extradition, prosecutors might view that negatively “when it comes time to look at both bail and a potential sentence.”
Washington Post, December 20, 2022Adam Kaufmann and John Moscow, both former financial crimes prosecutors, are quoted in this article on the possibility that a judge will give Allen Weisselberg more jail time than the five months promised as part of his plea deal.
Business Insider, December 17, 2022El Departamento de Justicia de los Estados Unidos colocó en el ojo público la actividad de transferencia de dólares sin licencia habilitante en los Estados Unidos. Las repercusiones para la industria financiera de Uruguay fueron tratadas por Cristián Francos y Jean-Jacques Bragard Cooper en el siguiente artículo publicado en el diario El Observador.
El Observador (Uruguay), November 15, 2022Aisha Bembry, managing partner of LBKM's Washington office, was featured in Law.com's "How I Made It" series.
Law.com, November 8, 2022The Lafarge case illustrates the extent companies with operations in high-risk jurisdictions must be aware of increasing ATA-related risk, including the risk of civil litigation.
November 2022En una demanda por confiscación de fondos presentada ante una corte del Distrito Sur de Nueva York, los fiscales estadounidenses explicaron porqué el movimiento de esos dólares en su entrada y paso por el país norteamericano sería ilegal.
La Nacion, November 3, 2022According to U.S. authorities, the U.S.-based activities of “blue dollar peso exchangers” are illegal, and those exchangers that maintain U.S. bank accounts are subject to asset forfeiture and criminal prosecution. The recent U.S. forfeiture case brought by U.S. authorities in the U.S. District Court for the Southern District of New York against Partners Capital Investment (“PCI”) illustrates intense interest by U.S. authorities in the “blue dollar peso exchange,” and additional U.S. actions should be expected.
October 27, 2022Solomon Shinerock joins LBKM from the Manhattan District Attorney's Office, where he worked in the Major Economic Crimes Bureau. Before that, he was an assistant U.S. attorney in the Northern District of New York.
Law360, October 13, 2022A senior prosecutor who played a key role in New York’s investigations into former President Donald Trump has moved into private practice.
Solomon Shinerock, who left the Manhattan District Attorney’s Office on Sept. 30, joined litigation boutique Lewis Baach Kaufmann Middlemiss on Tuesday as a partner.
New York Law Journal, October 12, 2022N.Y. Attorney General Letitia James has a solid case against Donald Trump and the Trump Organization, but it could take years for the case to get to trial, former prosecutors say.
September 26, 2022- The Daily Beast, July 8, 2022
As a Manhattan prosecutor, attorney John Moscow handled complicated white-collar criminal investigations. He's been following the public court filings in the AG's probe, and believes the lack of Trump documents is remarkable — and intentional.
Business Insider, June 19, 2022Cristián Francos has again been recognized as a global leader in the field of investigations by Who’s Who Legal in its Investigations: 2022 guide.
May 31, 2022- Business Insider, May 5, 2022
“Statements made in a civil deposition are admissible in a criminal proceeding against the person who made the statement. That’s why people can invoke their Fifth Amendment protections against self-incrimination at civil proceedings as well as criminal,” said Adam Kaufmann, a partner at the law firm of Lewis Baach Kaufmann Middlemiss who previously served as chief of the Manhattan DA’s investigative division.
The Daily Beast, April 27, 2022Arthur Middlemiss and Cristián Francos secured the return of all funds seized by the U.S. Department of Justice from U.S. accounts maintained by two broker-dealers based in Uruguay and New Zealand, respectively, both of which operated in Argentina.
April 18, 2022The Manhattan District Attorney’s investigation into former President Donald Trump seems doomed, but a little-known New York law is buying time for prosecutors to build a better case against him and convince the hesitant new DA to act—or wait until he’s replaced.
The Daily Beast, April 12, 2022- Business Insider, April 6, 2022
- Dan Abrams Live, February 23, 2022
Prosecutors must "go and verify each statement of fact in the return," said John Moscow, who also prosecuted complex economic crimes during his 30 years at the Manhattan DA's office.
"You don't say the return is false until you can prove that its constituent parts, taken together, are false," said Moscow, who is now senior counsel with Lewis Baach Kaufmann Middlemiss. "And that takes time."
Business Insider, February 22, 2022“This is bad news for Trump,” said John Moscow. “He can’t say, ‘I had top-level accountants doing this work.”’
BloombergQuint, February 14, 2022Adam Kaufmann, speaking to Fox5's Teresa Priolo, said, "It's a little bit like blood in the water, I would say. There has to be something hard and objective that says: 'This is a problem.' That gives an accountancy -- or perhaps a law firm, in certain situations -- the signal they need to take some kind of adverse action."
Fox 5 NY, February 14, 2022Adam Kaufmann joined Dan Abrams on NewsNation Now to discuss New York's ongoing investigation into the Trump Organization.
NewsNation Now, October 5, 2021Lewis Baach Kaufmann Middlemiss PLLC is pleased to announce that John Moscow has been named to the 2021 New York Super Lawyers list. Each year, no more than five percent of the lawyers in each state are selected to receive this honor. In addition, A. Mackenna White has been named to the 2021 New York Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected to receive this honor.
September 30, 2021"The fact that they are having sealed proceedings is consistent with an ongoing grand jury investigation and suggests the district attorney may be considering further charges or defendants," said Adam Kaufmann, a former investigations division chief at the Manhattan District Attorney's Office who is currently a partner with the law firm Lewis Baach Kaufmann Middlemiss.
NPR, September 20, 2021Weisselberg may now be questioning whether continued loyalty will be rewarded, said John Moscow, a former senior white-collar prosecutor in the Manhattan district attorney’s office. Though still at the Trump Organization, Weisselberg was removed as CFO following the indictment, and he no longer serves as treasurer and secretary for many of the company’s subsidiaries.
“That’s a big change in his life, and if other people at the company are being told not to talk to him because they might be called to testify, that’s a change too,” said Moscow. “If I’m representing someone in that office, I would have to advise my client that someone like him may flip and may be wearing a wire.”
Bloomberg, September 17, 2021“This case had many flaws,” said Angerame’s lawyer Anthony Capozzolo. “The clients had their reputations tarnished in a way that simply was not fair or just.
“We are thankful for this decision, and the clients are eager to move on with their lives.”
New York Post, July 29, 2021In what defense attorneys characterized as a rare outcome for a government corruption indictment, a Manhattan judge dismissed charges that the New York Attorney General’s office brought against a former World Trade Center electric operations manager and two subcontractors.
[Judge] Wiley dismissed the full indictment based on testimony before a grand jury, which Lewis Baach Kaufmann Middlemiss partner Adam Kaufmann said is a not a common outcome for a bribery indictment filed by the AG. “Indictments don’t get tossed on grand jury minutes to begin with,” Kaufmann said. He added: “This was one of the most deeply flawed cases I have ever seen.”
New York Law Journal, July 28, 2021"The most initial impact on Trump himself will be financial," Anthony Capozzolo, a former prosecutor in the Manhattan District Attorney's office and a former federal prosecutor in Brooklyn, told Insider. "One of the biggest collateral effects of a company being indicted is its banking relationships and other business relationships because, immediately, all of those companies have obligations, especially banks that are highly regulated. They are obligated to not do business with companies breaking the law."
Business Insider, July 2, 2021Former President Donald Trump's company and its Chief Financial Officer Allen Weisselberg were indicted on 15 criminal charges Thursday for allegedly evading about $900,000 in taxes with the help of the Trump Organization and its payroll corporation. Yamiche Alcindor reports with Adam Kaufmann, former prosecutor and chief of the investigative division in the Manhattan district attorney's office.
PBS News Hour, July 1, 2021Adam Kaufmann appeared on ABC News Prime to discuss the Trump Organization indictment and what might be next in the prosecution.
ABC News, July 1, 2021- Reuters, July 1, 2021
- MSNBC, June 1, 2021
Adam S. Kaufmann, who served as chief of the office's investigative division, said that "it really suggests they've reached a point in their investigation where the district attorney believes there's evidence of a crime. You don't empanel a special grand jury unless you think you have a viable case."
CNN, May 26, 2021Adam Kaufmann, who served 18 years as a prosecutor in the Manhattan district attorney’s office, appeared on MSNBC's The Last Word to discuss why witnesses are granted immunity when testifying before a grand jury in New York and what to expect of the grand jury in the criminal probe of Donald Trump.
MSNBC, May 26, 2021John Moscow, who headed the DA office’s complex crimes unit under Vance’s predecessor, said Trump’s lawyers will take aim at every aspect of a prosecution, asking even whether unauthorized persons attended grand jury sessions.
Trump lawyers may invoke the five-year statute of limitations on conduct that occurred before 2016, saying some acts can’t be prosecuted, Moscow said. The DA could respond that Trump’s absence from New York during his presidency extended the period under scrutiny to 2012 -- a back-and-forth that will chew up more courtroom time.
Bloomberg, April 28, 2021John Moscow, a former top assistant to Manhattan District Attorney Robert Morgenthau, who competed with Giuliani for big cases and headlines in the 1980s, said the latter’s former positions more likely raised the bar for the prosecutors who sought the warrant and the judge who signed it.
“This is a search warrant for the home of the former mayor of New York City, a former high-ranking Justice Department official, and they’re saying there’s now probable cause to believe there’s evidence of a crime, that evidence exists, and it’s at his home,” said Moscow, who’s now in private practice.
Bloomberg, April 28, 2021John Moscow was quoted in a Bloomberg article on the U.S. Supreme Court's refusal to block a subpoena by the Manhattan District Attorney for Donald Trump's tax returns and other financial records.
“Now they have the evidence that the accounting firm and the corporation have,” said John Moscow, a former chief prosecutor for serious economic crimes at the Manhattan district attorney’s office. “At this point, Trump’s position has to be that he didn’t do anything wrong, because if he did, they’d find it.”
Bloomberg, February 22, 2021- Líder Legal, February 10, 2021
- Idealex Press, February 3, 2021
Adam Kaufmann was quoted in an analytical piece on Manhattan District Attorney Cyrus Vance’s investigation into Trump and his organization.
Financial Times, January 27, 2021LBKM partner Cristián Francos has been appointed as Senior Vice Chair of the IBA’s Business Crime Committee.
January 26, 2021Cristián Francos been recognized as a Global Leader in Who’s Who Legal: Investigations 2021. Who’s Who Legal is one of the world’s leading directories of legal practitioners.
January 2021Spanish newspaper El Mundo reported on a ruling by Spain's Constitutional Court holding that the imprisonment of Nervis Villalobos, a former Venezuelan official, was unconstitutional. Partner Manuel Varela represented Mr. Villalobos in the appeal.
El Mundo, December 23, 2020Adam Kaufmann appeared on WNYC's "Trump, Inc." podcast to discuss what the Manhattan DA's investigation could mean for Trump.
WNYC Studios, December 17, 2020- Law360, July 10, 2020
- Accounting Today, July 9, 2020
Mr. Truppel was sentenced in the U.S. District Court for the Southern District of New York to time served, with no supervisory probation or fine imposed, and was allowed to return to Argentina.
March 17, 2020This article sets out the basic process for obtaining extradition to the United States and reviews certain recent cases that suggest that the United States is trying to leverage its political power to bring defendants to the United States either to fulfill political agendas or where the United States’ interest is tangential at best in view of the demonstrable interest of other countries.
New York Law Journal, February 3, 2020Six LBKM professionals have been selected to the 2019 New York and Washington, DC Super Lawyers lists - an honor limited to 5 percent of the lawyers in each state. In addition, one LBKM professional has been selected to the 2019 New York Rising Stars list.
October 2019Former Assistant U.S. Attorney Anthony Capozzolo — who headed a tax fraud case against former U.S. Rep. Michael Grimm and other high-profile investigations — was retained by the city when Nassau County District Attorney Madeline Singas launched an investigation last year, in conjunction with an audit into the city’s payout practices by State Comptroller Tom DiNapoli’s office.
LI Herald, August 29, 2019Colleges and universities must recognize the risk of potential corruption in their admissions process, and build intelligent controls to guard against fraud. Lewis Baach’s Arthur D. Middlemiss explains that schools should employ cost-efficient compliance measures and warns of the dangers in failing to do so.
Bloomberg Law Insight, March 29, 2019A government coverup of the Cohen reports “makes no sense,” said Aaron Wolfson, a lawyer who previously oversaw suspicious activity reporting for JPMorgan Chase. “I find that laughable.”
Washington Post, May 17, 2018Mr. Francos was quoted in the article saying, “If someone received a bribe, then someone had to have paid the bribe,” he said. “Companies should be well prepared [to be investigated].” He continued to say, many Argentinian companies that are contracted by the state do not have established policies in terms of compliance and integrity, and will likely rush to put together new compliance programmes. Francos said “this shock could be good” to improve standards quickly. “This [scenario] creates a problem for companies, but also an opportunity that will bring change to Argentina’s business culture,” he said.
Global Investigations Review, November 13, 2017On Monday, Dec. 12, the U.S. Supreme Court issued a unanimous decision clarifying subsection 1 of the bank fraud statute, 18 U.S.C. §1344, in Shaw v. United States. Notwithstanding a veritable ocean of case law, regulations and statutes that delineate the difference between a bank’s property and that of its customers, the court quickly pushed such technical arguments to the side, holding that — for the purposes of the bank fraud statute — there is no practical difference between targeting a bank customer’s funds and targeting the bank’s own funds.
Law360, December 13, 2016“The court’s decision is in keeping with the long-standing principle that a fraud can be prosecuted under the criminal law even if the victim does not suffer a loss — which is an important distinction between criminal fraud and civil fraud,” said A. Katherine Toomey, a partner at Lewis Baach PLLC.
Law360, December 12, 2016- Insiders 'Back on the Hook' After U.S. Supreme Court Insider Decision
For two years, stock traders and the attorneys who represent them said the law surrounding insider trading was a muddle, with no one knowing what exactly is or isn’t legal.
The U.S. Supreme Court Dec. 6 said it had ‘‘easily’’ settled the question (Salman v. United States, 2016 BL 404795, U.S., No. 15-628, 12/6/16).‘‘Going forward, even remote tippees of inside information are at risk if the government can demonstrate that the defendant knew he was trading on inside information and the chain of disclosure is sufficiently close, even if no money changes hands.’’ Eric Lewis, Lewis Baach PLLC
Bloomberg BNA White Collar Crime Report, 2016 Both the speed and the unanimity of the decision sent a strong message re-affirming existing insider trading prosecutions, according to Eric Lewis, a partner at Lewis Baach, a Washington DC law firm specializing in financial crimes.
"It was somewhat surprising that the Supreme Court took this case," Lewis told ValueWalk, noting that it had been two decades since the high court took up an insider trading case.
ValueWalk, December 6, 2016- KYC360, May 3, 2016
- Adam S. Kaufmann lauded as "high-powered attorney and crisis manager," Vanity Fair, February 16, 2016
- A former Siemens executive became the first person to plead guilty to U.S. criminal charges of helping run a bribery campaign that moved tens of millions of dollars to Argentine officials in connection with a $1 billion national ID card project.
Mr. Francos is mentioned in the article.
Law360, September 30, 2015 - Law360, August 11, 2015
- Juristas norteamericanos y chilenos analizaron avances en materia de regulación del lavado de dineroMarch 25, 2013
- Iranian's check raises 70 million questionsThe arrest of an Iranian official in Germany provided indications that Venezuelan banks may be helping Iran evade economic sanctions.El Nuevo Herald, 2013
- The Deal Pipeline, February 22, 2012
- Saudi Arabia’s most high profile legal battle indicates just how dangerous the world’s capital markets remain a decade after Sept. 11, 2001.Trends Magazine, September 11, 2011
Publications, Presentations & Events
- IBA Annual Conference Mexico City 2024
Cristián Francos co-moderates a panel on business crime crisis situations in a corporate environment at the International Bar Association's Annual Conference taking place in Mexico City on 15–20 September 2024.
Mexico City, September 17, 2024 - 7th Marval Summit on Compliance, Anti-Corruption, and Investigations
Cristián Francos will be speaking at the 7th Marval Summit on Compliance, Anti-Corruption, and Investigations. Together with renowned speakers and colleagues, he will share experiences on the challenges, developments, and trends in this practice area.
Buenos Aires, September 3, 2024 LBKM is proud to sponsor this year's CenterForce Driving Diversity in Law & Leadership Summit in Washington, DC, where Managing Partner Aisha Bembry will be a panelist at a session titled "Shattering Glass Ceilings: The Unwritten Playbook for Career Success Beyond Hard Work."
Washington, DC, June 12, 2024- 26th Annual Transnational Crime Conference
As part of the IBA's 26th Annual Transnational Crime Conference in Milan, Cristián Francos co-moderates a panel dissecting the intricate landscape of subsidies fraud in the aftermath of the Covid-19 pandemic.
Milan, May 9, 2024 - IBA Arbitration and Criminal Law Conference
Cristian Francos will moderate a panel at the inaugural IBA Arbitration and Criminal Law Conference.
São Paulo, Brazil, January 31, 2024 - IBA Annual Conference 2023
Cristián Francos moderated a panel exploring the growing trend to arbitrate disputes emerging from compliance investigations related to potential criminal conduct and will discuss the varying ways national courts review and accept any arbitral decisions in this area.
Paris, November 1, 2023 Cristián Francos discussed the operation of Money Service Businesses without a license, US government enforcement and prosecution, and the impact for local financial actors.
Le Biblo, Montevideo, Uruguay, April 13, 2023Cristián Francos is Senior Vice Chair of the IBA’s Business Crime Committee and will be co-chairing “The transfer of criminal liability in M&A” session on November 3rd.
Miami, November 3, 2022Adam Kaufmann served as a panelist for this CLE on federal and local enforcement trends in the construction industry.
June 22, 2022Adam Kaufmann co-chaired the panel "Covid-19 fraud: law enforcement and where we are now."
London, UK, May 2022- July 2021
The United States needs to consider carefully whether its treaty advantages and broad jurisdictional statutes should be aggressively used to bring foreign defendants to the United States when the American interest is limited and when other countries may have a greater interest in applying their own statutes, and their own penalty structures.
New York Law Journal, March 26, 2021The Manhattan District Attorney’s investigation has nothing to do with federal law, public acts, or violations involving the political or electoral process. Moreover, as possible charges brought by a sovereign state, they cannot be pardoned by an outgoing President.
New York Law Journal, January 12, 2021- Practical guidance for individuals and companies to consider if served with a federal grand jury subpoena.New York Law Journal, July 31, 2020
The increasing global focus on corruption has led to stronger international cooperation and coordination among regulators, resulting in landmark enforcement actions in new jurisdictions. [...] This panel offered private and public sector prespectives on the latest enforcement trends, the key elements of the new anti-corruption laws, and what all this means for businesses and individuals involved in transnational corruption cases.
Krakow, Poland, May 16, 2018- November 2017
- For global transparency and financial integrity, the US must ensure that the dollar remains dominanthttp://www.independent.co.uk, October 31, 2017
Mr. Liston, an attorney for Rogicki in both the SEC and state court matters, told Law360 on Friday that his client has "accepted full responsibility for his actions.", an attorney for Rogicki in both the SEC and state court matters, told Law360 on Friday that his client has "accepted full responsibility for his actions."
www.law360.com, October 20, 2017- May 16, 2013
- April 24, 2013
- April 9, 2013
- Annual Review - Financier WorldwideApril 2012
- Co-author, "Criminal Prosecution Under New York State's Martin Act"LJN Business Crimes Bulletin, Vol. 18, Number 1, September 2010
- June 13, 2009