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The Catch 22 of Defending Parallel Civil and Criminal Proceedings

By Thomas Hanusik, Danielle Giffuni & Andrea Charles on October 17, 2023
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Defendants facing parallel civil regulatory and criminal proceedings brought by the same government raises important Fifth and Sixth Amendment questions for defendants.

We would like to thank Anna Kufta, Senior Law Clerk, for her contribution to this alert.

Click here to continue reading the full version of this alert.

Photo of Thomas Hanusik Thomas Hanusik

Tom Hanusik is a partner in Washington D.C. and a member of Crowell & Moring’s White Collar & Regulatory Enforcement Group, which Law360 named a “White Collar Group of the Year” in 2012 and one of ten “FCPA Powerhouses” in 2013. Tom is…

Tom Hanusik is a partner in Washington D.C. and a member of Crowell & Moring’s White Collar & Regulatory Enforcement Group, which Law360 named a “White Collar Group of the Year” in 2012 and one of ten “FCPA Powerhouses” in 2013. Tom is also chair of Crowell & Moring’s Investigations practice and a member of the firm’s Management Board.

Tom’s practice focuses on white collar defense, SEC Enforcement, FINRA Enforcement and internal investigations. He defends publicly traded and privately held companies, senior executives, board members and politicians during internal and government investigations, criminal and civil trials, regulatory enforcement actions, and appeals. Tom has over twenty years of trial and appellate experience. He also leads teams conducting internal investigations on behalf of companies, boards of directors and board committees, as well as advising corporate clients on remedial measures, compliance programs and training. Tom’s recent engagements include representing institutions and executives in matters involving alleged violations of federal securities laws including financial fraud, insider trading, FCPA and Section 5 violations, AML requirements, federal and state tax offenses, public corruption and violations of U.S. export controls and sanctions regulations.

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Photo of Danielle Giffuni Danielle Giffuni

Danielle represents individual, corporate, and institutional clients facing complex, high-stakes criminal and regulatory investigations initiated by the full slate of federal and state financial services regulators. Her understanding of law enforcement priorities and experience with agency officials enable her to develop sophisticated defense

…

Danielle represents individual, corporate, and institutional clients facing complex, high-stakes criminal and regulatory investigations initiated by the full slate of federal and state financial services regulators. Her understanding of law enforcement priorities and experience with agency officials enable her to develop sophisticated defense strategies and guide clients through the complex demands of regulatory investigations and criminal prosecutions. Danielle has advised clients in investigations launched by the Department of Justice (DOJ), Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), Office of Foreign Assets Control (OFAC), New York Department of Financial Services (NYDFS), Financial Industry Regulatory Authority (FINRA), and the offices of state attorneys general. She has also advised clients in numerous parallel actions conducted by federal and state officials.

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Photo of Andrea Charles Andrea Charles
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  • Posted in:
    Criminal
  • Blog:
    International Trade Law
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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