White-Collar Defense and Government Investigations

A law enforcement agent calls to request "a voluntary interview" in connection with an ongoing criminal investigation. A grand jury subpoena is received requiring testimony or the production of records. A search warrant is executed at a home or business location. These are just a few examples of events that can instantly imperil individuals and corporations – and that require a seasoned white-collar defense counsel to protect your interests.

David H. Laufman brings an uncommon breadth of experience to the defense of individuals and corporations in criminal investigations, as well as investigations by federal regulatory agencies and Offices of Inspector General.  A vigorous advocate for his clients, Mr. Laufman also understands the perspectives of law enforcement agents and federal prosecutors, having previously served as an Assistant United States Attorney, a Trial Attorney in the Fraud Section of the Department of Justice ("DOJ"), Chief of DOJ’s Counterintelligence and Export Control Section, Chief of Staff to the Deputy Attorney General, and an Associate Independent Counsel.

Representative Matters

  • Represented a government contractor in an investigation of criminal violations of the False Claims Act by the Office of Inspector General of a U.S. intelligence agency.
  • Represented a witness in a federal grand jury investigation regarding a public corruption matter.
  • Represented an employee of the Central Intelligence Agency (CIA) in a federal criminal investigation regarding the leak of classified information.
  • Represented an official of the Internal Revenue Service (IRS) in parallel investigations of IRS targeting of political advocacy organizations applying for tax-exempt status by the U.S. Department of Justice, the House Committee on Oversight and Government Reform, the Senate Committee on Finance, and the Department of the Treasury's Office of the Inspector General for Tax Administration.
  • Represented a senior official of the Bureau of Alcohol, Tobacco, Firearms, and Tobacco (ATF) in parallel investigations of "Operation Fast and Furious" by the House Committee on Oversight and Government Reform, the Senate Judiciary Committee, the Office of the Inspector General of the U.S. Department of Justice, and the Office of Special Counsel.
  • Represented a senior official of the Office of the Inspector General of an Executive Branch department in a federal grand jury investigation.
  • Represented a Trial Attorney in the Fraud Section of the Criminal Division of the U.S. Department of Justice in an investigation by the Office of Professional Responsibility of the U.S. Department of Justice.
  • Represented an FBI agent in a criminal prosecution by the U.S. Department of Justice regarding the misuse of a government computer system.
  • Presented a successful trial defense in United States v. Alavi, where the Department of Justice had charged an Iranian-American engineer employed at a major nuclear power plant in Arizona with violations of U.S. export control laws and other offenses relating to the plant's computer software. Despite being retained as counsel only three weeks before trial, Mr. Laufman obtained a mistrial of the main charge in the case, resulting in the government's subsequent offer of a plea agreement to lesser charges which dramatically minimized the defendant's sentence.
  • Obtained a misdemeanor plea in United States v. Yontz, a criminal prosecution by DOJ for the unlawful accessing of information from electronic passport records of the U.S. Department of State.
  • Represented an official of the Central Intelligence Agency in a criminal investigation by DOJ relating to the treatment of terrorism detainees. No charges were brought against the official.
  • Served as outside ethics counsel to the City of New Orleans in connection with ongoing criminal investigations.
  • Represented a former DOJ official in a criminal investigation by the Public Integrity Section of DOJ's Criminal Division regarding financial grants by DOJ. No charges were brought against the former official.
  • Resolved issues regarding compliance with a federal grand jury subpoena on behalf of a corporation in a criminal investigation of procurement fraud.
  • Persuaded the Department of Justice to implement an international treaty transfer that enabled a convicted defendant in a fraud case to serve the remainder of her sentence in her country of origin.

Related Publications

  • The Long(er) Arm of the Law: Extraterritorial Jurisdiction Over Public Corruption Offenses, ABA White Collar Crime Committee Newsletter, ABA Criminal Justice Section, Winter 2013
  • It Ain't Over 'Till It's Over: Legal Implications of a House Contempt Vote in the "Fast and Furious" Controversy, Huffington Post, June 28, 2012
  • For Whom the Law Tolls: Afghanistan, Iraq, and the Wartime Suspension of Limitations Act, Ethisphere, Q1, 2012
  • Managing Risk and Compliance Under the Foreign Corrupt Practices Act, Pharmaceutical Outsourcing, January/February 2010
  • Strategies for Avoiding FCPA Liability, Life Science Leader, June 2009
  • Doesn't Pay to Bribe Foreign Officials, Connecticut Law Tribune, March 30, 2009 (co-authored with Paul McCurdy)
  • When Congress Hauls in Your CEO, Legal Times, March 9, 2009 (co-authored with John Heintz)
  • Procurement Rules Are Changing, National Law Journal, March 9, 2009
  • Tougher Rules: Mandatory Disclosure Regime Raises Stakes for Government Contractors, National Defense, February 2009
  • Litigating Intent in Export Control Prosecutions, The Export Practitioner, January 2009
  • Give Justice a Break, Legal Times, August 18, 2008

Related Speaking Engagements

  • Perspectives From the Enforcement Authorities, Coping With U.S. Export Controls and Sanctions, PLI Conference, Washington, DC, December 15, 2017 (panelist)
  • Thieves From Abroad: The Threat of Intellectual Property Theft, National Security Law Today Podcast (with Adam Hickey), American Bar Association, Standing Committee on Law and National Security, December 14, 2017
  • Presentation on enforcement of U.S. export control and sanctions laws, National Council on International Trade Development, Washington, DC, November 8, 2017
  • Presentation on enforcement of U.S. export control and sanctions laws, OFAC practitioners’ group, Washington, DC, October 13, 2017
  • Speech on enforcement of U.S. export control and sanctions laws to Association of University Export Control Officers, St. Petersburg, Florida, May 16, 2017
  • Regulators’ Town Hall Q&A, ACI Conference on Economic Sanctions Enforcement and Compliance, Washington, DC, April 25, 2017 (panelist)
  • Economic Sanctions Year in Review: Agencies Speak on Enforcement and Regulatory Priorities, ACI Conference on Economic Sanctions Enforcement and Compliance, Washington, DC, April 24, 2017 (panelist)
  • Panelist on program concerning export control and sanctions enforcement, ABA’s Annual Institute on White Collar Crime, Miami, Florida, March 8, 2017
  • Speech on U.S. export control enforcement to C5 Advanced Forum on ITAR and the EAR, London, United Kingdom, January 31, 2017
  • Speech on the Justice Department’s enforcement of U.S. export control and sanctions laws to ABA Committee on Export Controls and Sanctions, Washington, DC, May 13, 2016
  • Liability for Cross-Border Activity: Increasing Enforcement of Economic Sanctions and Export Controls, ABA’s 30th Annual Institute on White Collar Crime, San Diego, California, March 2, 2016 (panelist)
  • Perspectives from the Enforcement Authorities, Coping with U.S. Export Controls and Sanctions 2015, PLI Conference, Washington, DC, December 18, 2015 (panelist)
  • Keynote address on U.S. export controls, cyber security, and the Justice Department’s new enforcement policy on individual corporate accountability to industry conference sponsored by Jones, Day, Washington, DC, September 15, 2015
  • Presentation on export control and sanctions enforcement to the National Council on International Trade Development, Washington, DC, May 13, 2015
  • How Best to Converse with the Government When Confronted by a Sanctions Violation, 8th Advanced Forum on Economic Sanctions Enforcement and Compliance, American Conference Institute, Washington, DC, April 29, 2015
  • Procurement Compliance: What You Need to Know, webinar panel discussion sponsored by Ethisphere, February 26, 2013
  • FCPA Bootcamp, law enforcement training conference sponsored by the Department of Justice and Securities and Exchange Commission, Washington, DC, June 27, 2011 (panelist)
  • Handling Import Violations in a New Enforcement Era, American Bar Association Section of International Law, Spring Meeting, Washington, DC, April 17, 2009 (panelist)
  • Climate Change: The New Ethics Compliance and Enforcement Regime for Government Contractors, 27th Annual Government Contract Management Conference, National Contract Management Association, Bethesda, Maryland, November 20, 2008
  • The Justice Department's Changing Guidelines on Corporate Prosecution, 2008 Administrative Law Conference, Administrative Law and Regulatory Practice Section, American Bar Association, Washington, DC, October 17, 2008
  • Maneuvering the Minefield: The New Ethics Compliance and Enforcement Regime Confronting Government Contractors, 2008 Annual Business Ethics and Compliance Conference, Ethics and Compliance Officers' Association, Orlando, Florida, September 24, 2008

Related Teaching

  • Collision Course: The Coming Struggle Over Cooperation in Corporate Fraud Prosecutions, Continuing Legal Education Seminar, New York, New York, January 14, 2009

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