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MoFo Adds Ex-Prosecutors in NY, Forms State AG Practice

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Chuck Duross and Carrie Cohen spoke to Reuters about Morrison & Foerster adding two former prosecutors who bolster the firm’s investigations and white collar defense capabilities and help anchor a new practice group focused on state attorney general matters.

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Chuck Duross and Carrie Cohen spoke to Reuters about Morrison & Foerster adding two former prosecutors who bolster the firm’s investigations and white collar defense capabilities and help anchor a new practice group focused on state attorney general matters.Kate Driscoll and Nathan Reilly joined from the U.S. Attorney’s offices for the Eastern District of Pennsylvania and the Eastern District of New York, respectively.“The truth is that we’re busy,” Chuck said. “Our clients need the help, and we need the kinds of tremendous talent that we’re fortunate to get with Nathan and Kate joining us to help our clients deal with some of their most pressing and serious matters.”Carrie added: “What was particularly attractive to hiring both Kate and Nathan was their ability to help a wide variety of clients on a wide variety of matters,” noting that the firm is forming a state and local government enforcement group to help clients that are increasingly facing scrutiny from the state, local, and other government agencies.Read the <a href="https://www.reuters.com/legal/legalindustry/mofo-adds-ex-prosecutors-ny-forms-state-ag-practice-2021-09-13/" target="_blank">full article</a>.

MoFo Adds Ex-Prosecutors in NY, Forms State AG Practice

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Charles (Chuck) Duross serves as co-head of Morrison Foerster’s FCPA + Global Anti-Corruption practice. With more than twenty-nine years of experience principally focused on white collar cases, Chuck’s practice has an emphasis on complex white collar criminal matters, including internal corporate investigations, representing special committees, compliance counseling, due diligence regarding third parties and business transactions, and defense of clients before government enforcement agencies and multilateral investment banks. Chuck has handled cases and overseen investigations in dozens of countries. As a veteran trial attorney, Chuck has a proven track record in the courtroom in high-profile, high-stakes trials. Dubbed “Mr. FCPA” in The Washington Post, Chuck is routinely recognized in various rankings and publications, including Chambers Global, Chambers USA, and Legal 500 as a leading attorney in white collar criminal defense, with a particular specialty in FCPA and foreign corruption cases.<h4>Representative Experience</h4><ul><li>Serving as the DOJ-appointed independent corporate compliance monitor for a large South American company in the wake of a multi-jurisdictional resolution of one of the largest bribery schemes in history</li><li>Representing a leading U.S. company in a high-profile multi-jurisdictional government-facing bribery investigation in Africa</li><li>Representing multinational European company in a high-profile bribery investigation involving multiple jurisdictions</li><li>Representing a major manufacturing company in an emissions-related investigation</li><li>Representing a technology company before DOJ and SEC regarding a whistleblower employee alleging FCPA violations</li><li>Representing a Japanese company before DOJ and SEC in an FCPA investigation</li><li>Representing a leading U.S. company before DOJ regarding allegations of improper hiring issues</li><li>Represented former telecom executive before DOJ and SEC regarding conduct in China</li><li>Representing a former executive regarding allegations of misconduct in Latin America</li><li>Secured declinations on behalf of multiple corporate clients and individuals before DOJ and SEC</li><li>Secured a victory for a Chinese company before the Sanctions Board of the World Bank</li><li>Lead an internal investigation for a leading South American company concerning bribery allegations in Asia</li><li>Conducted pre-investment and pre-acquisition enhanced FCPA/anti-corruption due diligence in numerous multi-billion dollar deals in Africa, Asia, and Latin America</li><li>Assisting numerous companies, from start-ups to Fortune 50 corporations, with drafting codes of conduct and compliance procedures, conducting risk assessments, gap analysis and compliance benchmarking, and enhancing existing compliance programs</li><li>Go-to outside FCPA and anti-corruption legal and compliance counsel to leading Global 500 multinational corporations across industries and regions</li></ul>Chuck previously served as Chief of the Foreign Corrupt Practices Act (FCPA) Unit in the Fraud Section of the Criminal Division of the U.S. Department of Justice (DOJ), where he was in charge of all of the DOJ’s FCPA investigations, prosecutions and resolutions in the United States. Chuck is internationally recognized for his leading role in developing and implementing the government’s FCPA enforcement strategy, and he is widely credited with developing the current enforcement regime. Under his leadership, the FCPA Unit resolved more than 40 corporate cases resulting in approximately $1.9 billion in monetary penalties and prosecuted dozens of business executives and money launderers. As the head of the FCPA Unit, Chuck oversaw countless voluntary disclosures, decided which matters would be declined, administered DOJ’s FCPA Opinion Release Procedure and was responsible for interviewing, selecting and reviewing the work of nearly 20 independent corporate monitors.In investigating and prosecuting transnational bribery cases, Chuck worked with every major U.S. Attorney’s Office and law enforcement agency in the United States, the Securities and Exchange Commission (SEC), law enforcement counterparts around the world and numerous multi-lateral development banks, including the World Bank. For example, Chuck worked with the Australian Federal Police, Royal Canadian Mounted Police, the Tribunal de Grande Instance de Paris, Indonesia’s Anti-Corruption Commission, the Tokyo Public Prosecutor’s Office, Mexico’s Procuraduría General de la República, Norway’s Økokrim, the Swiss Attorney General’s Office, Thailand’s National Anti-Corruption Commission, and the United Kingdom’s City of London Police, Crown Prosecution Service, Metropolitan Police and Serious Fraud Office.While in the Fraud Section, Chuck led the development of a deferred prosecution agreement (DPA) template for FCPA cases, which formed the basis for a DPA template later adopted for use by the entire Criminal Division, and he also led the effort to update and restructure the enhanced compliance components used in resolving FCPA cases. As a recognized expert, Chuck was consulted by UK officials prior to the adoption of legislation permitting deferred prosecution agreements.Chuck’s tenure was also marked by his efforts to make FCPA enforcement more transparent and compliance with the statute more understandable to the business community. Working closely with his counterparts at the SEC, Chuck was one of the principal authors of the DOJ and SEC’s joint publication A Resource Guide to the U.S. Foreign Corrupt Practices Act, which followed a series of consultations with business and compliance leaders. The Guide has received wide praise from the business community, compliance and ethics professionals and private practitioners, and has been described as a “landmark document,” an “FCPA hornbook,” and a “must-read for compliance officers.”Chuck also served as DOJ’s principal representative to the Organisation for Economic Co-operation and Development’s Working Group on Bribery for many years and helped develop the OECD’s acclaimed Good Practice Guidance on Internal Controls, Ethics and Compliance. Besides his involvement in the OECD Phase 1 of Russia and Phase 2 of South Africa, Chuck’s leadership during the OECD Phase 3 of the United States earned him the Assistant Attorney General’s Exceptional Service Award, the Criminal Division’s highest award for employee performance.Prior to being appointed Chief, Chuck served as Assistant Chief of the FCPA Unit from October 2008 to April 2010, and as a line prosecutor with the Fraud Section from December 2006 to October 2008. Beyond FCPA enforcement, Chuck has supervised and tried all manner of white collar cases, including healthcare fraud, mail and wire fraud, money laundering, public corruption, securities fraud and tax evasion. A veteran trial attorney, Chuck is a recipient of the prestigious Attorney General’s Distinguished Service Award, the second-highest department-wide award for employee performance, as one of the lead prosecutors who secured the conviction of Congressman William Jefferson following a nearly nine-week trial.Chuck has been recognized for his work on FCPA matters by Law360, the Legal 500 US, the Washington Post, Washington Business Journal, and also by Chambers USA where a market commentator praises him as “a sage counselor, who is calm under pressure and solutions-oriented.” Who’s Who Legal also recognizes Chuck for his investigations work. In recognition of his contributions to the firm’s “Top Ten International Anti-Corruption Developments” monthly newsletter, Chuck has also been repeatedly honored with JD Supra’s “Reader’s Choice Top Author” award.Chuck earned his J.D., cum laude, from the University of Michigan Law School in 1996 and his B.A., magna cum laude, from the University of Michigan in 1993. After beginning his career as a litigation associate at an international firm in 1996, he joined the U.S. Attorney’s Office for the Southern District of Florida in 2001, where he prosecuted a variety of white collar cases, including bank fraud, embezzlement, mail and wire fraud, money laundering, securities fraud and trademark violations. Chuck rose to the position of Deputy Chief in the Major Crimes Section in Miami before moving to Washington, D.C., in 2006 to join the Fraud Section. Chuck has been an adjunct professor for seven years at Georgetown University Law Center, where he has taught trial advocacy, has been a guest lecturer at Harvard Law School’s Program on the Legal Profession, University of Pennsylvania Law School, and the University of Michigan Law School and Ross School of Business. As an internationally recognized expert on transnational bribery, white collar crimes, and compliance issues, Chuck is a sought-after speaker, and he routinely speaks at conferences across the United States and around the world. He is admitted to practice in Michigan and the District of Columbia.

Charles Duross

Partner

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

Katherine (Kate) Driscoll is a partner in Morrison Foerster’s Investigations + White Collar Defense Practice Group. Kate focuses her practice on investigations, enforcement actions, and compliance, representing companies and senior business executives. Kate has extensive experience in a wide range of criminal and civil cases, with an emphasis on pharmaceutical and life sciences clients, related to healthcare fraud, the Anti-Kickback Statute (AKS), the False Claims Act (FCA), and the Foreign Corrupt Practices Act. Kate routinely consults with clients on all manner of compliance matters, including providing risk assessments, gap analyses, and maturity evaluations. Kate also recently completed a secondment with a global consulting firm, leading government-facing investigations relating to healthcare matters.Prior to joining Morrison Foerster, Kate served as an Assistant United States Attorney in the U.S. Attorney’s Office for the Eastern District of Pennsylvania. Kate has significant trial experience, obtaining multiple jury and bench trial verdicts. As a federal prosecutor, Kate ran large-scale white-collar investigations, including complex wiretap and forensic financial investigations, involving healthcare fraud, illegal distribution of prescription drugs, money laundering, wire fraud, bank fraud, and tax fraud. Kate conducted parallel investigations with the Civil Division related to potential False Claims Act violations, and the SEC for potential violations of securities laws. Among her experience, Kate led the criminal prosecution of one of the largest theft of trade secrets cases in United States history, involving a leading multinational pharmaceutical company, and also led COVID-19-related government fraud investigations, involving the CARES Act and the Paycheck Protection Program.Kate received the 2019 Inspector General’s Award for Excellence in Fighting Fraud, Waste, and Abuse for the successful prosecution and conviction of healthcare professionals who illegally distributed millions of dollars in prescription drugs. She was also part of the prosecution team that was awarded the Prosecutor of the Year Award for 2021 from the Coalition Against Insurance Fraud regarding work on a significant arson, healthcare fraud, and tax fraud prosecution that impacted hundreds of victims and caused significant damage to the City of Philadelphia. Kate has advised and worked closely with a variety of federal and local law enforcement agencies.Kate is a lecturer at Yale University, teaching a course on white-collar investigations and prosecutions. Earlier in her career, Kate clerked for the Honorable Pamela K. Chen of the U.S. District Court Eastern District of New York. Kate earned her J.D. from the University of Pennsylvania Law School and her A.B. summa cum laude from Bryn Mawr College.<h4 dir="ltr">Representative Experience</h4>Defense Experience<ul><li dir="ltr">Represented McKinsey & Company in negotiating a $650 million five-year deferred prosecution agreement and civil False Claims Act settlement with DOJ and Corporate Integrity Agreement with HHS-OIG arising from McKinsey’s past work for opioid manufacturers, including Purdue Pharma.</li><li dir="ltr">Representation of Anthony Ornato, a former senior career civil servant who recently served as White House Deputy Chief of Staff of Operations, in the January 6 Select Committee investigation and related government investigations.</li><li dir="ltr">Representation of a multinational pharmaceutical and medical device manufacturer in various internal investigations relating to employees’ alleged kickback violations, submission of false claims, bribery, collusion with business partners, and corporate governance issues across North America.</li><li dir="ltr">Representation of a multinational holding company in a DOJ investigation arising from the client’s investment into a telehealth company under investigation for the unlawful prescription of controlled substances involving potential violations of the Controlled Substances Act (CSA) and the FCA.</li><li dir="ltr">Advising a pharmaceutical company seeking to mitigate AKS risk in supporting commercially insured patients in the transition to a new biosimilar therapy.</li><li dir="ltr">Representation of a global manufacturing company in reviewing and enhancing their anti-corruption and bribery codes of conduct, third-party due diligence protocols, and procurement policies.</li><li dir="ltr">Internal investigation in the U.S., Europe, and Latin America on behalf of a financial institution, which involved over US$1.3 billion in potential liabilities.</li></ul>Government Experience<ul><li dir="ltr">Matter involving scientists employed by a multinational pharmaceutical company who were criminally charged for conspiracy, theft of trade secrets, wire fraud, and money laundering, all relating to theft of cancer research platforms, valued at more than US$550 million.</li><li dir="ltr">Matter involving a scientist who was extradited from Switzerland after indictment for conspiracy to steal trade secrets related to the theft of research and other confidential information from several multinational pharmaceutical companies.</li><li dir="ltr">Matter involving physicians criminally charged for prescribing more than US$5 million in prescription drugs used to treat opioid addiction outside the course of professional practice and not for legitimate medical purposes.</li><li dir="ltr">Matter involving a financial advisor who was criminally charged for diversion of client funds through bank, mail, and wire fraud, and aggravated identity theft.</li><li dir="ltr">Matter involving arson that displaced hundreds of victims and injured several firefighters. Obtained convictions for all defendants and US$22 million in restitution for the victims. Brought related indictments charging additional criminal conduct, including healthcare fraud, tax fraud, and federal benefits fraud.</li></ul><h4 dir="ltr">Memberships</h4><ul><li dir="ltr">National LGBTQ+ Bar Association</li><li dir="ltr">Philadelphia LGBTQ Bar Association</li><li dir="ltr">Pennsylvania Association Criminal Defense Lawyers (Planning Committee)</li><li dir="ltr">Federal Criminal Law Committee in the Eastern District of Pennsylvania (Executive Committee)</li><li dir="ltr">University of Pennsylvania Inn of Court</li><li dir="ltr">Women’s White Collar Defense Association</li></ul>

Kate Driscoll

Investigations + White Collar Defense

Reuters