Michael J. Gilbert represents individuals and companies in internal investigations as well as matters being investigated by a range of enforcement authorities including the U.S. Attorney’s Offices for the Southern and Eastern Districts of New York, the Enforcement Division of the Securities and Exchange Commission, the New York Attorney General’s Office, the New York City Department of Investigation, the Manhattan District Attorney’s Office and other enforcement authorities.
He is a former Assistant U.S. Attorney for the Southern District of New York where he investigated, prosecuted and conducted jury trials in cases involving a wide variety of white collar criminal matters, including mail and wire fraud, embezzlement, bribery, health care fraud and violations of the Foreign Corrupt Practices Act (FCPA).
Mr. Gilbert has extensive experience with FCPA matters. He has represented numerous individuals and companies in connection with FCPA investigations. He is regularly consulted about FCPA issues in the context of business transactions such as potential mergers and acquisitions. He has published articles about the FCPA in publications such as the National Law Journal, Hedge Fund Law Reporter and the FCPA Law Reporter and presented at various conferences and seminars.
In addition to his work on FCPA matters, Mr. Gilbert has significant experience representing foreign individuals and entities dealing with U.S. regulators and/or litigation matters. These matters have included insider trading investigations, alleged market manipulation and defamation actions. Among his successful representations, he obtained a complete dismissal of a federal criminal indictment in the United States of a Mexican national who had been charged with money laundering. He also has represented U.S. individuals and entities in connection with matters under investigation by enforcement authorities in other countries, including Canada, Hong Kong, the United Kingdom and Luxembourg.
Mr. Gilbert also has a focus defending matters involving seizure of assets and forfeiture actions by the U.S. Department of Justice and money laundering allegations. He has repeatedly assisted clients in obtaining the return of funds frozen by law enforcement.