Marcus A. Asner

Marcus A. Asner

Partner

Marcus Asner is a trial lawyer and Co-Chair of the firm's Anti-Corruption practice. Mr. Asner has extensive experience with investigations and prosecutions involving alleged violations of the Foreign Corrupt Practices Act (FCPA), and cases involving public corruption, healthcare fraud, financial fraud and money laundering, cyber crime, corporate espionage, data breaches, tax fraud, and environmental and natural resources crime. His civil litigation practice includes complex commercial and trade secret disputes, and expedited litigation matters in both federal and state courts. He also routinely advises clients on anti-corruption and supply chain compliance issues.

Prior to joining the firm, Mr. Asner served as an Assistant United States Attorney for the Southern District of New York (2000-2009), where he was the Chief of the Major Crimes and Computer Hacking/Intellectual Property (now known as Complex Frauds) unit for two years, and served in the Public Corruption unit.

Mr. Asner clerked for the Honorable Walter K. Stapleton of the US Court of Appeals for the Third Circuit and the Honorable John Feikens of the US District Court for the Eastern District of Michigan.

From 2013 to 2016, Mr. Asner served on the President's Advisory Council on Wildlife Trafficking.

Experience

  • Fortune 500 company in an FCPA investigation involving the company's activities in more than 15 countries in Europe, the Middle East, and Central America. Mr. Asner leads the company's ongoing cooperation with the US Department of Justice (DOJ), the Securities & Exchange Commission (SEC), the UK Serious Fraud Office (SFO) and Austrian authorities.
  • Multinational manufacturer in ongoing Petrobras FCPA investigation being conducted by the DOJ and the SEC.
  • Firearms manufacturer in ongoing FCPA investigation being conducted by the DOJ regarding allegations of bribe payments to Indian government officials in efforts to win government contracts.
  • Multinational electronics company in investigation into fitness-related applications being conducted by the New York State Attorney General's Office.
  • Major luxury goods retailer in connection with internal investigation regarding revenue recognition practices.
  • Multiple employees of major financial institution in connection with ongoing DOJ and SEC investigation into institution's hiring practices in China.
  • Major retailer in connection with nationwide internal investigation of potential diversion activities by company employees, wherein the employees were structuring cash transactions, and causing the company to fail to file federally-required Reports of Cash Payment Over $10,000 Received in a Trade or Business. Advised and represented the company in connection with self-reporting the findings of its investigation to the Financial Crimes Enforcement Network and the DOJ.
  • Insurance company in a corruption investigation and prosecution involving New York State Senator Carl Kruger. Successfully obtained restitution for client, including legal fees incurred in assisting in the investigation and prosecution.
  • Real estate company in connection with embezzlement of over US$1.5 million by former CEO. Matter currently being prosecuted by the United States Attorney's Office for the Southern District of New York.
  • Major European insurance company in an FCPA investigation involving alleged bribery to win contracts in Indonesia. Successfully led company's cooperation with the DOJ and SEC, leading to declination from the DOJ and a favorable settlement with the SEC.
  • Fortune 100 company in prosecution arising out of a theft of the company's trade secrets. Worked closely with US Attorney's Office and FBI in investigation of former employee responsible for theft, leading to employee's conviction and payment of pay restitution to client for expenses incurred in investigation and prosecution.
  • Multiple clients in connection with ongoing regulatory inquiries into virtual currency businesses.
  • Multiple clients in connection with data breaches, including investigating and helping halt the impact of the breach, interfacing with law enforcement authorities, assisting with federal, state and EU victim notification requirements, and defending subsequent civil litigation.
  • Major South African financial institution in an FCPA investigation involving alleged bribery in connection with a tender to provide payment services to South African social grant beneficiaries. Coordinating company's cooperation with the DOJ and the SEC.
  • New York-area community hospital in a political corruption and health care fraud investigation being conducted by the United States Attorney's office for the Eastern District of New York.

Perspectives

Cybercrime for Breakfast: What Your Business Needs to Know About Cybersecurity
Arnold & Porter Kaye Scholer LLP
Deskbook on Internal Investigations, Corporate Compliance and White Collar Issues (2nd Edition)
PLI Practising Law Institute
New York Department of Financial Services Issues Final Cybersecurity Regulations
Advisory
Global Anti-Corruption Insights: Winter 2017
Update on Recent Enforcement, Litigation, and Compliance Developments
To Catch a Wildlife Thief: Strategies and Suggestions for the Fight Against Illegal Wildlife Trafficking (pdf)
U. of Penn. Asian L. Rev. - Vol. 12, Issue 1
More

Recognition

The Legal 500 US
Cyber Law (2017)
White-Collar Criminal Defense (2013-2016)
Technology: Data Protection and Privacy (2015-2016)
Financial Services: Regulatory (2014-2015)
Chambers USA
Litigation: White-Collar Crime & Government Investigations (New York) (2013-2017)
Latin Lawyer 250
White Collar Crime and Compliance (2017)
More

Credentials

Education
  • JD, University of Michigan Law School, 1992, cum laude
  • MS, Mathematics, University of Michigan Rackham Graduate School, 1987
  • AB, Physics, University of Chicago, 1985, with honors
Admissions
  • New York
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Third Circuit
  • US District Court, Eastern District of Michigan
  • US District Court, Southern District of New York
Government and Military Service
  • Chief, Major Crimes and Computer Hacking/Intellectual Property Unit, US Attorney's Office, Southern District of New York
  • Assistant US Attorney for the Southern District of New York
Clerkships
  • US District Court, Eastern District of Michigan, The Honorable John Feikens
  • United States Court of Appeals, Third Circuit, The Honorable Walter K. Stapleton
Activities
  • Member, New York City Bar Association

  • Advisory Council to the Presidential Task Force on Wildlife Trafficking

  • Advisory Council, Wildlife Justice Commission

Overview

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