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Whose Case Is It Anyway? The Tug-of-War Between State and Federal Criminal Law

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We are pleased to offer a complimentary recording of our webinar featuring former federal and state prosecutors Carrie H. Cohen...

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We are pleased to offer a complimentary recording of our webinar featuring former federal and state prosecutors Carrie H. Cohen and Leif Dautch on navigating parallel state and federal criminal investigations.The program explores the complexities of dual sovereignty, multi-jurisdictional enforcement, and the strategic challenges that arise when state and federal authorities simultaneously investigate the same conduct. Viewers will gain practical guidance on coordinating responses across jurisdictions, managing investigative risks, and developing effective defense strategies for both corporate and individual clients.To access the recording at no cost, please register using the complimentary discount code below.Discount code: CLEDGE2026<a href="https://int.cerifilegaledge.com/program_guide/course_detail.jsf?videoCourseId=100530976&ADMIN_PREVIEW=true" target="_blank">View the recorded webinar</a>.<hr>

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Carrie H. Cohen is global co-chair of the Investigations + White Collar Defense practice group and the firm’s State + Local Government Enforcement team. Prior to joining the firm, Carrie served as an Assistant U.S. Attorney in the Southern District of New York (SDNY) where she prosecuted public corruption and securities matters, including obtaining the first trial conviction of former Speaker of the New York State Assembly Sheldon Silver. Carrie also served in the New York State Attorney General’s Office as Chief of the Public Integrity Bureau and an Assistant Attorney General in the Civil Rights Bureau where she received the Louis J. Lefkowitz Memorial Award for outstanding service. As a former federal and state prosecutor, Carrie routinely represents corporations, boards, and c-suite executives in government-facing investigative and regulatory matters with a particular focus on state and local government matters. Carrie’s extensive trial experience and distinguished record of success in high‑stakes, white collar defense matters cement her position as a leading lawyer who often is called upon for particularly sensitive matters. Carrie’s trial and white collar expertise have been recognized by a variety of organizations including Chambers USA, which describes her as “a terrific trial lawyer with great judgment and timing, [who] knows how to present complex cases in a digestible way.” Carrie also routinely prepares clients who are called to testify before Congress and state and city legislatures and works on matters that involve multijurisdictional investigations and significant media attention.Carrie is a recognized industry expert in public corruption and state and local government actions. She is frequently selected by government agencies to serve as independent counsel and issue public reports, including her appointment as independent monitor for the Federal Deposit Insurance Corporation, special counsel to the New York City Council, special independent counsel to the City of Rochester, and counsel to the California Attorney General’s Office (CA AG) as well as being part of the Monitorship Team appointed by DOJ for the global Odebrecht corruption matter. She was also appointed by Governor Kathy Hochul to the Metropolitan Transit Authority Inspector General’s Board and serves as its acting chair, and was appointed by the Chief Judge of the U.S. District Court for the Eastern District of New York as counsel to the Court’s Grievance Committee. Carrie is also an adjunct professor at the University of Pennsylvania Law School, where she teaches a seminar on Public Corruption and the Law.Carrie serves on multiple bar committees and task forces as part of her efforts to promote the rule of law. She was appointed as chair of the New York State Bar Association (NYSBA) Task Force on Domestic Terrorism and Hate Crimes and served as a member of the NYSBA Task Force on Wrongful Convictions. As a leader of the Bar, Carrie was appointed as co-chair of the Federal-State Judicial Advisory Council and previously served as a vice president and trustee of the Federal Bar Council and president of its Inn of Court as well as prior service as a vice president of the New York City Bar, chair of its Executive Committee, and member of its Nominating Committee. Carrie was also appointed by the SDNY to its Criminal Justice Act Panel to serve as counsel to indigent defendants in federal criminal cases.<h4>Representative Experience</h4>Government Appointments/Public Corruption Matters. Independent counsel for federal, state, and local government agencies. Representing elected and appointed public officials, public entities, and individuals doing business with the government in a variety of public corruption-related matters with a focus on public-facing reports, including:<ul><li>Independent monitor for the Federal Deposit Insurance Corporation related to workplace issues.</li><li>Special independent counsel to the New York City Council related to investigations of certain council members for misconduct and corruption.</li><li>Special counsel to the MTA related to an examination of time, attendance, and overtime, which included presenting a report to the MTA Board.</li><li>Independent counsel to the CA AG related to conducting a review of its public release of confidential personal information associated with firearms permit holders and applicants, which included the preparation and release of a public report.</li><li>Service on the DOJ-appointed Monitorship Team for the global Odebrecht corruption matter.</li><li>County officials related to allegations of official misconduct and bid rigging.</li></ul>Trial Counsel. Serving as first-chair trial counsel for individuals in federal and state court criminal matters. Representations include Rochester Mayor Lovely Warren for state campaign finance charges; Hon. John A. Michalek for state and federal public corruption offenses; and Hon. Sylvia Ash for federal obstruction of justice charges.Financial Institutions/Securities Matters. Representing banks and other financial institutions in investigations of regulatory and consumer-related matters. Representing corporations and individuals in a variety of criminal investigations and regulatory matters involving federal and state securities laws.Foreign Corrupt Practices Act (FCPA). Representing corporations in FCPA investigations across industries and in numerous jurisdictions. Serving on the DOJ-appointed Monitorship Team in the criminal prosecution of Odebrecht.Workplace Misconduct. Conducting investigations for corporations and boards related to workplace misconduct and #MeToo issues and providing related advocacy and legal advice.Cybersecurity. Conducting investigations of cybersecurity incidents and representing companies in related government and regulatory matters concerning disclosures of data and privacy issues.RICO/Civil Fraud/Commercial Litigation. Representing a wide variety of public and private corporations in civil fraud, RICO, and commercial litigation including at trial. Represented UPS at trial in SDNY in a case brought by the NYAG and the City of New York alleging illegal transportation of untaxed cigarettes.

Carrie Cohen

Partner

Leif Dautch is a partner in Morrison Foerster’s Investigations + White Collar Defense practice group. Leif draws on nearly 15 years of experience as a federal and state prosecutor advising clients on government investigations and enforcement matters. His experience spans all phases of criminal matters, from investigation through trial and appeal. Leif focuses his practice on guiding clients through complex investigations, enforcement actions, and strategic advice, informed by his experience overseeing wide-ranging investigations and prosecutions. He advises companies and individuals on white-collar, financial, and cybersecurity-related matters, with particular strength in navigating parallel proceedings, responding to government scrutiny, and addressing evolving regulatory and enforcement challenges. Most recently, Leif served as chief of the Organized Crime Strike Force in the U.S. Attorney’s Office for the Northern District of California, where he led a team of prosecutors and staff handling racketeering and complex conspiracy cases. As an assistant U.S. attorney, he worked closely with federal law enforcement agencies to investigate and prosecute more than 200 federal criminal cases involving fraud, cyber intrusion, cryptocurrency, money laundering, RICO, import/export controls, and drug and firearms trafficking. Leif handled a wide array of jury and bench trials, receiving the U.S. Attorney Award for Outstanding Trial Achievement and being nominated for the FBI Director’s Award for Outstanding Criminal Investigation following a three-month racketeering jury trial. Before joining the U.S. Attorney’s Office, Leif was a deputy attorney general in the California Department of Justice’s Criminal Division, where he litigated more than 400 cases in state and federal trial and appellate courts, including the California Supreme Court and the U.S. Court of Appeals for the Ninth Circuit. He also served in a supervisory role and worked closely with the Attorney General’s policy and legislative teams on initiatives pertaining to cybercrime, data transparency, and money laundering. Leif began his legal career as a litigation associate at an international law firm. He earned his J.D. cum laude from Harvard Law School and his B.A. magna cum laude in ethics, politics, and economics from Yale University.

Leif Dautch

Investigations + White Collar Defense

State + Local Government Enforcement

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Whose Case Is It Anyway? The Tug-of-War Between State and Federal Criminal Law

16 Jul 2026