Anthony S. Barkow is Co-Chair of the firm’s Investigations, Compliance and Defense Practice. He represents companies and executives in global and national criminal and regulatory investigations. He also conducts internal investigations for corporations and other institutions, provides counsel to senior management on enforcement and compliance issues, and serves as a corporate monitor. As a federal prosecutor for 12 years in the United States Attorney’s Offices for the Southern District of New York and for the District of Columbia, and in Main Justice, he prosecuted some of the most significant international terrorism and white collar criminal cases in the country. He has tried over 40 cases and briefed and argued over 10 cases on appeal. During his government service, Mr. Barkow was awarded the Attorney General’s Award for Exceptional Service, the highest award bestowed by the Attorney General in the Department of Justice.
Mr. Barkow’s engagements have included:
- Served as one of the team leaders conducting an investigation and producing an internal report to the board of directors for General Motors Company (GM) with regard to events leading up to certain recalls stemming from faulty ignition switches. In a 70-day period, a multidisciplinary team collected and searched in excess of 41 million documents and records and conducted more than 350 witness interviews. The firm team coordinated GM’s response to several federal agencies and Congress. He also represented GM in a related investigation by the US Attorney’s Office for the Southern District of New York, culminating in the resolution of the matter through a deferred prosecution agreement.
- Co-leading the monitorship of Credit Suisse AG following the bank’s $715 million settlement with the New York Department of Financial Services, part of a broader $2.6 billion settlement that involved the US Department of Justice and federal regulators.
- Representing a leading global cybersecurity company in an international investigation and prosecution conducted by a United States Attorney’s Office.
- Leading an internal investigation for a Fortune 100 financial services company.
- Leading a sensitive internal investigation for a major public university.
- Leading a sensitive international internal investigation for a leading international non-profit institution.
- Leading multiple internal investigations for and providing compliance advice to a global Fortune 500 manufacturing company.
- Representing an $8 billion hedge fund in multiple investigations conducted by the Securities Exchange Commission.
- Representing the New Jersey Legislative Select Committee on Investigation in its investigation of the decision to close access lanes to the George Washington Bridge, and other matters (generally referred to as “Bridgegate”).
- Defending an executive in an accounting fraud investigation by the United States Attorney’s Office for the Southern District of New York and the Securities and Exchange Commission, and related civil litigation.
- Defending an executive in an investigation by the United States Attorney’s Office for the Southern District of New York into alleged illegal trading and bank fraud.
- Representing executives, including a former CEO, in an accounting fraud investigation conducted by the Securities Exchange Commission.
- Representing executives of a major financial institution in connection with a Bank Secrecy Act and money laundering investigation by the United States Attorney’s Office for the Southern District of New York and the Financial Crimes Enforcement Network (FinCEN).
- Representing individuals in connection with domestic and international investigations of foreign exchange (FX) trading.
- Representing individuals in connection with domestic and international criminal and regulatory investigations into the setting of LIBOR rates.
- Representing executives of a global financial institution in connection with OFAC and money laundering investigations by banking regulators, the Department of Justice, the New York Attorney General’s Office, and the New York County District Attorney’s Office.
- Representing individuals in connection with investigations of swaps and derivatives markets, and ISDAfix benchmarks, by the United States Attorney’s Office for the Southern District of New York and the Commodity Futures Trading Commission (CFTC).
- Representing individuals in an honest services fraud investigation and prosecution involving the pharmaceutical industry conducted by the United States Attorney’s Office for the Southern District of New York.
- Monitoring Credit Suisse Securities (USA) LLC following its $5.3 billion settlement with the US Department of Justice over the sales of residential mortgage-backed securities in the run-up to the 2008 financial crisis.
- Representing an executive in the Southern District of New York indicted on mortgage fraud charges.
- Representing Chesapeake Energy successfully at trial in the Southern District of New York in a well-publicized civil dispute with a trustee concerning the timeliness of a redemption of a $1.3 billion bond offering.
- Representing a large pharmaceutical company in multiple shareholder derivative matters.
- Co-leading an investigation on behalf of a state public utilities commission into whether one of the nation’s largest utility companies misled the commission in connection with an application for merger approval.
- Conducting an internal investigation of a mortgage lender in connection with a fraud investigation by the Department of Justice.
- Representing an individual indicted on conspiracy and other charges in the Eastern District of New York.
- Successfully securing dismissal of all charges for individual criminally prosecuted by the Manhattan District Attorney’s Office.
Mr. Barkow is a prolific author, speaker, and commentator on criminal law issues, particularly regarding issues involving prosecutors. He has appeared on various news programs, including NBC Nightly News with Brian Williams, BBC News and the Fox Business Channel, and has been quoted in a variety of other media sources, including The New York Times, The Wall Street Journal, USA Today, and NPR. Mr. Barkow testified before the United States House of Representatives Judiciary Committee’s Subcommittee on Commercial and Administrative Law regarding proposed corporate monitoring legislation. He is the co-editor of and a contributing author to Prosecutors in the Boardroom: Using Criminal Law to Regulate Corporate Conduct (NYU 2011), a leading volume on deferred- and non-prosecution agreements and corporate monitors.
Mr. Barkow is a member of the firm’s Management Committee.