HENRY W. ASBILL (HANK)PARTNER

Business & Tort Litigation

Investigations & White Collar Defense

Securities Litigation & SEC Enforcement

Antitrust Criminal Investigations

Washington

(T) +1.202.879.5414

(F) +1.202.626.1700

hasbill@jonesday.com

Hank Asbill has extensive, winning first-chair jury trial and appellate experience. His practice is national. He has successfully defended

individual and corporate clients for nearly four decades against a broad spectrum of criminal and civil charges in more than 100 major trials.

Hank lectures widely on substantive legal and trial strategy issues, including innovative jury selection, opening and closing arguments,

advanced cross-examination, creative motions practice, entrapment, antitrust and securities fraud defenses, character evidence, government

attacks on lawyers and politicians, investigation of complex cases, surviving RICO megatrials, and joint defense agreements and practices.

Hank was profiled in The National Law Journal's special "Winning" report highlighting successful strategies from 11 of the nation's top litigators

and in SmartCEO magazine as a "go to" lawyer for white-collar criminal defense and commercial litigation.

Hank is a Fellow of the American College of Trial Lawyers, past president and Fellow of the American Board of Criminal Lawyers, Fellow of

Litigation Counsel of America, member of the NY Council of Defense Lawyers, and past president of the D.C. Association of Criminal

Defense Lawyers. He is a former two-term director of the National Association of Criminal Defense Lawyers and present Advisory Committee

member of NACDL's White Collar Criminal Defense College, which honored him with its 2015 White Collar Defense Lawyer of the Year Award.

Hank also has been an adjunct professor of criminal and civil trial practice at Georgetown University Law Center and an instructor at numerous

trial advocacy programs and the Federal Judicial Center training program for new federal district judges.

EXPERIENCE HIGHLIGHTS

Former Virginia Governor Robert McDonnell's corruption convictions unanimously vacated by Supreme Court

In a decisive victory for Jones Day client and former Virginia Governor Robert F. McDonnell, the Supreme Court unanimously vacated

Governor McDonnell's convictions for public corruption offenses, rejecting the Department of Justice's legal theory and holding that the

instructions given to the jury were erroneously overbroad.

University student permitted to return to school after his freedom of expression is defended

Following Jones Day's involvement and advocacy in the matter, George Washington University agreed to allow one of its students to return to

school.

Man charged with assault found not guilty following trial

On September 29, 2014, Judge Stephen Eilperin of the D.C. Superior Court found a Jones Day client not guilty of assault charges filed against

him by the United States Attorney's Office for the District of Columbia.

American Board of Criminal Lawyers files amicus curiae brief in significant Fifth Amendment case before U.S. Supreme Court

In February 2013, Jones Day filed an amicus brief before the U.S. Supreme Court on behalf of the American Board of Criminal Lawyers

seeking reversal of a Texas Court of Criminal Appeals ruling that the Fifth Amendment Self-Incrimination Clause does not protect a

defendant's refusal to answer law enforcement questioning before arrest or the reading of Miranda rights.

Brother of former Afghan president successfully defends grand jury investigation

Jones Day defended Mahmood Karzai, the brother of former President of Afghanistan Hamid Karzai, during a Southern District of New York

grand jury investigation of alleged tax, money laundering, and Foreign Corrupt Practices Act violations.

From life to three and one half years in pro bono resentencing representation

In 1995, the late Judge Williams sentenced Robert Lee Bruce, Jr., to life in prison for his role in a crack-distribution conspiracy.

Gosselin wins second favorable post-trial judgment

On December 24, 2014, the Eastern District of Virginia issued a favorable judgment to Jones Day clients Gosselin Worldwide Moving N.V. and

its CEO, Marc Smet, overturning a jury verdict against them under the False Claims Act (FCA).

Estate of Michael Jackson prevails on appeal in D.C. Circuit case relating to evidence that plaintiff claimed was “newly discovered”

On behalf of the Estate of Michael Joseph Jackson and MJJ Productions, Inc., Jones Day successfully argued on appeal that plaintiff failed

to exercise reasonable diligence in seeking out a letter that she claimed was “newly discovered evidence.”

HONORS & DISTINCTIONS

Top 100 Washington, D.C. Area Super Lawyers

D.C.'s "Top 100 Trial Lawyers," NTLA

Washington's Top Lawyers, Washingtonian magazine

"Top 20 DC FCPA Lawyers," Shark Tank Legal

"Appellate Hot-List," NLJ

Best Lawyers in America (Bet-The-Company litigation)

Chambers (White Collar Crime Litigation Leading Lawyer)

Euromoney's World's Leading White Collar Crime Lawyers

Master — Edward Bennett Williams Inn of Court

EDUCATION

Georgetown University (J.D.); Princeton University (A.B.)

BAR ADMISSIONS

District of Columbia; New York; U.S. Supreme Court; U.S. Courts of Appeals for the Second, Third, Fourth, Tenth, Eleventh, and District of

Columbia Circuits; and U.S. District Courts for the District of Columbia, Districts of Colorado and Maryland, Eastern Districts of Michigan and

Pennsylvania, Southern and Eastern Districts of New York, and Northern Districts of Texas, New York, and Ohio

CLERKSHIPS

Law Clerk to Hon. John W. Kern III, D.C. Court of Appeals

PUBLICATIONS

January 22, 2016

Conflict Between the Department of Justice and the U.S. Supreme Court -- A Current Trend in American Law, Expert Guides

Updated July 10, 2015

U.S. Attorneys » Middle District of Florida

Meet the U.S. Attorney

A. Lee Bentley, III

Lee Bentley is currently the United States Attorney for the Middle District of Florida. Previously, he served as the First Assistant to United States Attorney Robert E. O'Neill. Mr. Bentley has been an Assistant United States Attorney in the Middle District of Florida since 2000. Prior to that, he worked at the law firm of Hogan & Hartson in Washington, DC as an associate (1990-1992) and a partner (1993-2000). Mr. Bentley also has served as a Special Assistant United States Attorney in the Southern District of Florida (Miami), an Attorney-Advisor in the Office of Legal Counsel, Department of Justice (Washington, DC), a law clerk to Hon. Lewis F. Powell, Jr., United States Supreme Court (Washington, DC), and a law clerk to Hon. Clement F. Haynsworth, Jr., United States Court of Appeals for the Fourth Circuit (Greenville, South Carolina). He graduated with the highest honors from the University of Georgia (1980) and the University of Virginia School of Law (1983).

700 Sixth Street, N.W.Washington , DC 20001 Tel +1 202 862 2426 ray.banoun@cwt.com

Raymond Banoun Senior Counsel - Washington

Practice Areas

Anti-Money Laundering & Asset Forfeiture

Corporate Governance

Cyber and National Security

FCPA and International Anti-Bribery

False Claims Act

Financial Regulation

Litigation

OFAC and Export Control

Securities Enforcement & Investigations

White Collar Defense and Investigations

Admissions

District of Columbia

Profile

Raymond Banoun is one of the leading business fraud litigators in the nation. A Fellow of the American College of Trial Lawyers who has been named among the top litigators in the country by Lawdragon and recognized by Chambers USA, Legal 500, The Best Lawyers in America, US News and World Report, and other leading publications. He represents corporations and financial institutions, their audit committees, law firms, and executives in all aspects of criminal and civil enforcement matters; defends federal and state investigations, and in litigation, both pre- and post-indictment, including in whistleblower, False Claims Act and RICO actions in all courts. He has served, and serves, as outside compliance counsel to several international companies, and as a monitor as part of a Department of Justice corruption settlement. He regularly conducts compliance audits, formulates compliance programs, and advises with respect to their implementation and related governance issues.

Ray also has represented clients in matters involving the Foreign Corrupt Practices Act, money laundering and asset forfeiture, foreign bank secrecy, data privacy and blocking statutes, the anti-fraud provisions of the securities and commodities statutes, economic sanctions, export control and anti-boycott laws and regulations, criminal tax and antitrust violations, banking, healthcare, government procurement, and bankruptcy fraud. In 2013 he was recognized as an “FCPA Master” by Main Justice for his record of achievement in anti-corruption defense work. Ray also was recognized by Who's Who Legal's The International Who's Who of Business Crime Defence Lawyers in 2014.

New York

Education

George Washington University Law School - J.D., 1968, with honors

City College of New York - B.A., 1965

He has represented companies and their executives and audit committees before the U.S. Department of Justice, U.S. Attorneys' Offices throughout the country, the divisions of enforcement of the Securities and Exchange Commission and the Commodity Futures Trading Commission, the Federal Reserve, the FDIC, the Treasury Department's Office of Foreign Assets Control and FinCen, the Internal Revenue Service, the various Inspectors General, Department of Defense suspension and debarment boards, the European Investment Bank, and U.S. Congressional Committees.

He is well-versed in the money laundering laws of the United States and foreign countries, including the USA PATRIOT Act and the Bank Secrecy Act and has co-authored a treatise entitled Money Laundering, Terrorism and Financial Institutions, published by The Civic Research Institute. He has conducted audits of U.S. and foreign financial institutions to ensure compliance with such laws, and devised remedial plans, policies, procedures, and forms to comply with laws and regulations in this area. He is also knowledgeable of foreign secrecy and confidentiality laws, European and other data privacy and blocking statutes, international mutual assistance and tax treaties. His expertise in these areas extends to Switzerland, England, France, Luxembourg, Hong Kong, Bermuda, the Cayman Islands, the Bahamas, Panama, and other European and Caribbean countries.

Prior to joining Cadwalader, he served for 13 years as an Assistant United States Attorney for the District of Columbia, where he headed the Fraud Division, and for three years as a Special Assistant to the United States Attorney for the Central District of California in Los Angeles. He was a partner at the Washington, D.C. firm of Arent, Fox, Kintner, Plotkin & Kahn where he chaired the Business Fraud Group. He also clerked for U.S. District Court Judge Harold H. Greene.

He served as Chairman of the American Bar Association Criminal Justice Section's White Collar Crime Committee, and as Chairman of the Business Crimes Committee of the International Bar Association's Section of Business Law. He is the founder and chair of the highly acclaimed American Bar Association's annual National Institute on White Collar Crime, currently in its twenty-ninth year.

DAVID BITKOWER

PRINCIPAL DEPUTY ASSISTANT ATTORNEY GENERAL

CRIMINAL DIVISION

U.S. DEPARTMENT OF JUSTICE

David Bitkower is the Principal Deputy Assistant Attorney General for the Criminal Division of

the Department of Justice, and assists the Assistant Attorney General in the supervision of the

Division’s more than 700 federal prosecutors who conduct investigations and prosecutions

involving fraud, public corruption, cybercrime, intellectual property, organized and transnational

crime, child exploitation, and other matters. As Principal Deputy, Mr. Bitkower helps oversee

all of the Division’s cases involving financial misconduct, including Foreign Corrupt Practices

Act violations, corporate healthcare fraud, and Bank Secrecy Act violations.

Prior to his appointment as Principal Deputy Assistant Attorney General, Mr. Bitkower served as

a Deputy Assistant Attorney General, and supervised the Criminal Division’s Computer Crime

and Intellectual Property Section, Organized Crime and Gang Section, and Human Rights and

Special Prosecutions Section.

Before joining the Criminal Division, Mr. Bitkower served as an Assistant United States

Attorney for the Eastern District of New York, most recently as Chief of the National Security

and Cybercrime Section. In that role, he oversaw counterterrorism, counterespionage,

international organized crime, and cybercrime prosecutions, among others. Mr. Bitkower has

also personally prosecuted some of the country’s most significant and high-profile terrorism

cases, including serving as the lead prosecutor in the cases involving the 2009 Al-Qaeda plot to

attack the New York City subway system.

Mr. Bitkower also previously worked at the Department’s National Security Division and on the

President’s Guantanamo Bay Review Task Force. Before joining the Department, Mr. Bitkower

was a law clerk to U.S. Circuit Judge Pierre N. Leval of the Second Circuit Court of Appeals and

to U.S. District Judge Leonard B. Sand of the Southern District of New York.

Mr. Bitkower is a graduate of Yale University and earned his law degree from Harvard Law

School.

(/)

Patrick BraleyPatrick Braley is a Partner in and the Service Line Leader for our Disputes, Valuation and Forensics

practice. Patrick has extensive experience assisting his clients with corporate investigations, compliance

reviews, litigation support, economic damage analyses, complex accounting issues and anti-fraud

consulting services. Given his experience, Patrick speaks regularly and writes articles regarding fraud,

healthcare compliance and litigation matters.

Prior to joining Bennett Thrasher in 2008, Patrick spent six years at KPMG LLP and an Atlanta-based CPA

firm in their forensic accounting and litigation support practices. Patrick began his career in 1995 at Arthur

Andersen LLP where he spent seven years in the assurance and business advisory practice providing

financial statement audit services to both publicly-registered and privately-owned companies. Patrick’s

experience in public accounting combined with his extensive accounting and compliance experience in

the healthcare, professional services, high technology/software, retail, manufacturing and construction

industries provide him with a broad base of functional and business knowledge that affords him the

opportunity to add significant value to each engagement.

Patrick is a Certified Public Accountant (CPA), Certified in Financial Forensics, a Certified Fraud Examiner

and a Certified Valuation Analyst.

phone: 770.396.2200fax: 770.390.0394

vcard (/fullpanel/uploads/files/patrick--braley.vcf) (http://www.linkedin.com/in/patrickbraley)

PRACTICE AREAS

Anti-Fraud Consulting

Commercial Disputes / Litigation Support

Compliance & Integrity Services

Corporate Investigations

Economic Damage Analysis

Financial Reporting & Assurance

Independent Review Organization (IRO) Engagements

INDUSTRY EXPERIENCE

Healthcare

Manufacturing

Professional Services

Retail

Software

Technology & Communications

EDUCATION

Bachelor of Business Administration (Accounting), University of Notre Dame

PROFESSIONAL AFFILIATIONS

American Institute of Certified Public Accountants (AICPA)

Association of Certified Fraud Examiners

Georgia Society of CPAs (GSCPA)

Health Care Compliance Association (HCCA)

National Association of Certified Valuation Analysts

COMMUNITY INVOLVEMENT

Atlanta Youth Lacrosse

Georgia Southern University Forensic Accounting Advisory Board

Notre Dame Alumni Club of Atlanta

Sandy Springs Youth Baseball

St. Jude the Apostle Catholic Church and School

PEOPLE

Managers (/people/managers)

Operations (/people/operations)

Williams & Connolly LLP | 725 Twelfth Street, N.W. Washington D.C. 20005 | wc.com

Robert M. CaryPartner

Rob Cary is a Fellow of the American College of Trial Lawyers and Co-Chair of the firm’s Legal Malpractice and Ethics practice group. He focuses his civil practice on representing law firms, having represented over a dozen law firms and successfully trying a multi-month legal malpractice trial. In addition to representing law firms, Rob’s civil litigation experience includes a trial against the Federal Trade Commission and a number of State Attorneys Generals, as well as cases ranging from real estate to securities to contracts to products liability to allegations of civil fraud. He also serves as an adjunct professor of law at Vanderbilt Law School and Georgetown University Law Center.

Rob is well known for his representation of the late U.S. Senator Ted Stevens, who was indicted on ethics charges less than 100 days before he was to stand for re-election. Senator Stevens was exonerated when it was revealed that the prosecution had hidden evidence from the defense that contradicted the prosecution's principal theory. The American Lawyer described Williams & Connolly’s work on the case as “one of the best criminal defense performances in memory, resulting in a heightened scrutiny of prosecutors that will affect the Justice Department for years to come.”

With client permission Rob has written a book about the Stevens case. Bob Woodward of The Washington Post describes the book Not Guilty: The Unlawful Prosecution of U.S. Senator Ted Stevens as a “public service…a shocking, deeply sobering tale that every American worried about the concentration of power in the federal government should read and study.” Barry Scheck, co-director of the Innocence Project, describes it as a “riveting account from one of our country’s great lawyers.” Retired federal judge Nancy Gertner describes it as “an extraordinarily important book, a must read not only for lawyers, but federal judges.”

Rob, together with his colleagues Craig Singer and Simon Latcovich, has also authored Federal Criminal Discovery, the first book devoted entirely to the topic of discovery in federal criminal cases. The American Bar Association describes the book as an “invaluable resource for judges, academics, prosecutors, and defense lawyers.”

Rob has also been involved in a number of high-stakes appeals, and represented clients in connection with criminal and civil investigations conducted by various government agencies, including the Food and Drug Administration, the Securities and Exchange Commission, and federal and state prosecutors.

rcary@wc.com

D 202-434-5175

Practice FocusLawyer LiabilityCivil Litigation and Trial PracticeCriminal Defense and Government

InvestigationsCongressional InvestigationsFalse Claims Act and Qui TamFinancial Services and BankingHealth Care FraudPublic CorruptionSecurities EnforcementSecurities Litigation

Recognitions

Fellow, American College of Trial Lawyers

Fellow, American Bar Foundation and Litigation Counsel of America

"AV-Rated" by Martindale-Hubbell®

Williams & Connolly LLP | 725 Twelfth Street, N.W. Washington D.C. 20005 | wc.com

Rob has been recognized as a leading lawyer in white collar crime and government investigations in the 2013-2016 editions of Chambers, and in the 2015 edition of The Legal 500; as a commercial litigation local "litigation star" in the 2012-2016 editions of Benchmark Litigation; as a “national star” in the 2015 edition of Benchmark Litigation; in the 2012 edition of Chambers as a “rising star” in commercial litigation; in the 2010-15 editions of The Best Lawyers in America in white collar criminal defense; in the 2013 edition of The Best Lawyers in America as the Bet-the-Company Litigation Lawyer of the Year for Washington, D.C., and as one of "Washington's Top Lawyers" by Washingtonian magazine (2009, 2011, and 2015). In 2011, The National Law Journal named Rob and his partner, Brendan Sullivan, to its six-person list of the country’s “Most Influential Lawyers” in the area of white collar criminal defense. In addition to being a Fellow of the American College of Trial Lawyers, Rob is also a Fellow of the American Bar Foundation and Litigation Counsel of America. In 2015, The National Law Journal named Rob one of its "White Collar Crime Trailblazers."

Born in Evanston, Illinois, Rob grew up in Hannibal, Missouri before attending Dartmouth, where he was a member of the football team. Rob spent a year as a paralegal at the D.C. office of White & Case before entering the University of Virginia School of Law, where he received his J.D. and was on the Articles Review Board of the Virginia Law Review and a member of the Order of the Coif. Rob was a law clerk to Judge Eugene Lynch of the U.S. District Court for the Northern District of California before joining Williams & Connolly in 1990. He supervised the firm’s pro bono criminal practice from 2006 to 2008, was chair of the firm's Hiring Committee from 2008 to 2010, and is currently chair of the firm’s Partner-Associate Committee.

Rob has taught Defending a Criminal Case at Vanderbilt Law School and Federal White Collar Crime and Trial Advocacy at Georgetown University Law Center. He has lectured at a number of other law schools, including Duke and Yale. Rob is a frequent speaker on criminal law, legal ethics, and professional liability. His speaking engagements have included the Sixth Circuit, the Seventh Circuit, and the District of Columbia Judicial Conferences. He serves on the Lawyers Committee of the Innocence Project and the Advisory Committee for the National White Collar Criminal Defense College at Stetson Law, and was appointed by the Virginia Supreme Court to its faculty to teach professionalism to new lawyers. He currently serves on the American Bar Association’s Criminal Justice Standards Task Force charged with updating the ABA’s Discovery Standards.

Rob has served on the boards of the Juvenile Diabetes Research Foundation and the Mid-Atlantic Innocence Project, and was Chair of the Governing Board of the National Cathedral School. Rob is married and has two daughters.

“White Collar Crime Trailblazer,” The National Law Journal, 2015

“Most Influential Lawyers” in the area of White Collar Criminal Defense, The National Law Journal, 2011

“Local Litigation Star,” Benchmark Litigation, 2012-2016

“Litigation: White Collar Crime & Government Investigations (DC),” Chambers USA, 2012-2016

“Litigation: General Commercial (DC),” Chambers USA, 2012

"Washington’s Best Lawyers," Washingtonian magazine, 2009, 2011, and 2015

Recognized as one of The Best Lawyers in America ® for White Collar Criminal Defense, 2010-2016

“Bet-the-Company Litigation Lawyer of the Year for Washington, D.C.,” The Best Lawyers in America ®, 2014

EducationUniversity of Virginia School of Law,

J.D., 1990: Order of the Coif; Virginia Law Review

Dartmouth College, , cum laude, 1986

AdmissionsDistrict of ColumbiaVirginiaMarylandNew YorkUnited States Court of Appeals for the

District of Columbia, Fourth, and Tenth Circuits

United States District Court for the

Williams & Connolly LLP | 725 Twelfth Street, N.W. Washington D.C. 20005 | wc.com

Representative Experience

Though all cases vary and none is predictive, Rob’s experience includes:

● Has represented many law firms in legal malpractice cases, fraudcases, government investigations, and an age-discrimination case.Defense victory in the only of these cases to go to trial.

● Represented businessman in criminal investigation that resulted ininvestigation being terminated and four prosecutors resigning.

● Has represented many health care providers in criminal and civilinvestigations.

● Represented businessman and his company in trial against FTC,multiple state attorney generals and a prominent plaintiffs’ firm.Resolved during trial.

● Represented U.S. Senator Ted Stevens in criminal trial. Casedismissed based on government concealment of evidence favorableto the defense

● Has served as investigative counsel for audit committees of publictraded companies

● Defense verdict in most recent criminal trial

● Hung jury (11-1 for acquittal) in second most recent criminal trialcase. Charges dismissed

● Has represented college students accused of sexual assaultincluding assisting in the criminal defense of the captain of the DukeLacrosse team in what is now known as the Duke Lacrosse case.Subsequently represented two of the falsely accused studentathletes against former Durham District Attorney, a private DNA lab,and other defendants.

● Represented widow of businessman in litigation with creditors

● Represented sports franchise in government investigation

● Has represented entities and individuals in SEC EnforcementDivision investigations

● Has represented business owners in business valuation litigation

● Represented tractor manufacturer in product liability actions

● Represented automobile dealership in administrative licenserevocation trial. Resolved during trial

District of Columbia, Eastern District of Virginia, Northern and Southern Districts of New York, and Eastern and Western Districts of Arkansas

Government ServicesLaw Clerk, Judge Eugene F. Lynch,

United States District Court for the Northern District of California, 1990-1991

Williams & Connolly LLP | 725 Twelfth Street, N.W. Washington D.C. 20005 | wc.com

● Represented seller of business in trade secrets and breach ofcontract litigation

● Represented alumni association of an Ivy League school ingovernance litigation

● Represented corporate entity in complete reversal of $1.8 billion juryverdict (Another firm represented entity at trial)

● Has represented federal officials in all three branches of federalgovernment

● Has represented biotechnology companies in licensing dispute andgovernment investigations

● Represented government contractor in dispute with competitor

● Has represented entities in New York Attorney General and NewYork Inspector General investigations

1

Matthew S. Chester

Of Counsel New Orleans Phone: 504.566.5231 Fax: 504.585.6931 mchester@bakerdonelson.com

Matthew S. Chester is of counsel in Baker Donelson's New Orleans office, and is a member of the Business Litigation Group and the Government Enforcement and Investigations Team. In his 11 years of practicing law in the private sector and at the Department of Justice, Matt has handled dozens of arguments, hearings and trials in state and federal court, achieving successful results on behalf of his clients.

Matt most recently worked at the Department of Justice as an Assistant U.S. Attorney (AUSA) in New Orleans, Louisiana. As an AUSA, Matt was a member of the Financial Fraud and Public Integrity units in the U.S. Attorney's office and was promoted to the position of Deputy Supervisor of the Public Integrity group. He spent most of his time as a federal prosecutor focusing on white collar crime, fraud and public/official corruption prosecutions. Matt's experience includes multiple high-profile trials and convictions obtained against former elected and public officials.

During those years as a federal prosecutor, Matt was honored as the recipient of multiple awards, including five Excellence in Law Enforcement Awards from the New Orleans Metropolitan Crime Commission for his work on public corruption prosecutions in and around New Orleans, as well as awards from the Internal Revenue Service, the U.S. Department of Homeland Security and the Social Security Administration Office of the Inspector General. Most notably, Matt was awarded the Department of Justice's Award for Superior Performance in Litigation in 2015 for his work in connection with a high-profile public corruption prosecution in New Orleans.

Before serving as Assistant U.S. Attorney, Matt practiced at an international law firm based in Dallas, Texas, where he handled numerous matters involving federal securities, financial class actions, complex civil litigation, white collar criminal matters and corporate compliance.

In addition to practicing law, Matt teaches Negotiation and Mediation Advocacy as an adjunct faculty member at his alma mater, Tulane University Law School.

Representative Matters

Representation of multi-million dollar contractor in connection with internalinvestigation relating to employee misconduct.

Representation of multi-billion dollar, publicly-traded international corporation inconnection with internal investigation.

2

Representation of two corporate principals in obstruction prosecution in connectionwith Berry Amendment violations.

Assisted publicly-traded infrastructure corporation in connection with multi-billiondollar acquisition of energy company.

Representation of a multi-billion dollar international construction company inconnection with federal class action and multiple state lawsuits concerning mass tortclaims allegedly totaling hundreds of millions of dollars.

Representation of domestic loan servicing company in connection with failed multi-million dollar loan relating to real estate project.

Representation of offshore oil and gas producer in connection with federal criminalinvestigation relating to explosion on company-owned platform.

Representation of former director of an international company in connection with aprice-fixing investigation.

Representation of marine consulting company in connection with criminalinvestigation relating to multi-billion dollar environmental project.

Representation of nonprofit board member in connection with federal criminalinvestigation of self-dealing and fraud.

Representation of corporate food producer in connection with federal criminalinvestigation involving hiring and harboring illegal immigrants.

Professional Honors & Activities

Board Member – The American Diabetes Association-Mississippi/Louisiana Chapter,2016 – 2017

Recipient – Department of Justice, Executive Office of U.S. Attorneys: SuperiorPerformance by a Litigative Team Award, 2015

Five-time Recipient – Metropolitan Crime Commission Excellence in LawEnforcement Award

City of New Orleans Corruption Investigation, 2015

Jefferson Parish Corruption Investigation and Orleans Parish Sheriff's Office Corruption Investigation, 2014

Plaquemines Parish Corruption Investigation, 2013

City of New Orleans Corruption Investigation, 2012 Recipient – DHS/FEMA Certificate of Appreciation, 2011 Recipient – SSA-OIG Anti-Fraud Award, 2010 Recipient – Internal Revenue Service Certificate of Appreciation, 2014 Adjunct Professor – Tulane University Law School, 2010 – present

Publications & Speaking Engagements

3

Quoted – "Sources: Ex-New Orleans DEA Task Force Officer Suspected of StealingDrugs, Money Faces Federal Charges," The New Orleans Advocate, July 26, 2016

Speaker – "Emerging Ethics and Compliance Issues in the Oilfield: Coping with theCriminalization of Oil and Gas Operations," Baker Donelson CLE program, April 19,2016

Co-author – "What To Do Before Government Agents Come Knocking," Attorney atLaw Magazine Metro Atlanta, Vol. 5 No. 1, March 2016

Co-author – "Supreme Court Deliberates Future of Scheme Liability," The CorporateGovernance Advisor, Vol. 16, No. 1., January/February 2008

Presenter – "Stoneridge Investment Partners v. Scientific-Atlanta and the Future ofScheme Liability," Securities Section of the Dallas Bar Association, September 2007

Author – "Electronic Discovery in the Fifth Circuit and Guidelines for Today'sCounsel," Dallas Federal Bar Association Newsletter, June 2005

Admissions

Louisiana Texas U.S. District Court, Northern, Eastern and Southern Districts of Texas U.S. District Court, Eastern, Middle and Western Districts of Louisiana U.S. Court of Appeals, Fifth Circuit

Education

Tulane University Law School, J.D., 2004, cum laude Virginia Wesleyan College, B.A., 2001, magna cum laude

Biography

Professional background Scott is a principal at Ernst & Young LLP, where he leads the Forensic Technology and Discovery

Services (FTDS) practice in Houston, Texas. Scott also leads the FTDS Energy Sector team, which

is composed of more than 15 individuals focused on delivering services to clients in the oil and

gas, utilities and chemicals industries. Scott primarily works in electronic discovery, data analytics

and computer forensics.

Scott’s end-to-end understanding of the electronic discovery lifecycle has positioned him to lead

complex global matters for Fortune 500 companies and their counsel. These large projects

focused on helping legal departments, internal audit and compliance functions, and law firms

respond to internal investigations, compliance assessments and pending legal matters with the

Securities and Exchange Commission, Department of Justice, Federal Energy Regulatory

Commission, public utilities commissions, Internal Revenue Service and private litigants.

Scott recently completed an internal compliance assessment for a global energy client that

included data preservation and collection in 26 locations throughout 12 countries. The collected

data was hosted in two EY global data centers to accommodate data privacy regulations in certain

jurisdictions. Scott’s team supported eight independent review teams with more than 200 active

reviewers. Scott’s team streamlined the reviews by leveraging various analytics, including social

network and behavioral analytics, data modeling and data categorization, which helped decrease

the volume of information for review and reduce overall costs.

Scott is a frequent presenter at industry conferences and has written articles on electronic

discovery and ESI mapping in local and national publications. Scott has developed and led training

courses in the disciplines of computer forensics, electronic discovery and data analytics. He is a

Certified Fraud Examiner and an Electronic Records Management Master, and he holds a BBA from

Texas A&M University.

Scott Clary Principal

Contact information Office: +1 713 750 1593

Mobile: +1 713 865 3183

Fax: +1 866 674 6446

scott.clary@ey.com

Education BBA from Texas A&M University

Memberships Association of Certified Fraud

Examiners

EY | Assurance | Tax | Transactions | Advisory

About EY EY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities.

EY refers to the global organization, and may refer to one or more, of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization, please visit ey.com.

Ernst & Young LLP is a client-serving member firm of Ernst & Young Global Limited operating in the US.

About EY’s Fraud Investigation & Dispute Services Dealing with complex issues of fraud, regulatory compliance and business disputes can detract from efforts to succeed. Better management of fraud risk and compliance exposure is a critical business priority — no matter the industry sector. With our more than 2,000 fraud investigation and dispute professionals around the world, we assemble the right multidisciplinary and culturally aligned team to work with you and your legal advisors. And we work to give you the benefit of our broad sector experience, our deep subject matter knowledge and the latest insights from our work worldwide.

© 2014 Ernst & Young LLP. All Rights Reserved.

1401-1182277

ey.com

Aaron M. Danzig Partner

Atlanta Office 171 17th Street NWSuite 2100Atlanta, Georgia 30363

404.873.8504 phone404.873.8505 fax

aaron.danzig@agg.com

Aaron M. Danzig is a partner in the Healthcare and Litigation Practices and is chair of the firm’s Government Investigations and Special Matters Practice. Mr. Danzig has significant trial experience, having served as lead counsel in numerous civil and criminal cases before juries in state and federal courts.

Mr. Danzig focuses his practice on white collar criminal defense, internal corporate investigations, corporate compliance and governance matters, and business and intellectual property litigation. His clients range from individuals to large public companies, and he has represented clients in criminal investigations as witnesses, subjects, targets or defendants. Mr. Danzig has represented clients in antitrust, bank fraud, healthcare fraud, insider trading, securities fraud, and mail/wire fraud investigations and prosecutions brought by the Department of Justice, U.S. Attorney’s Offices across the nation, the Securities and Exchange Commission, the Environmental Protection Agency, and various state Medicaid Fraud Control Units, among other investigative agencies. Due to the government’s focus on healthcare fraud and abuse, Mr. Danzig has significant experience representing healthcare providers and government contractors in False Claims Act cases. In addition to government investigations and regulatory matters, Mr. Danzig is experienced in litigating intellectual property cases. Mr. Danzig has defended companies in class action lawsuits and has litigated trademark, copyright, and patent cases on behalf of corporate defendants and plaintiffs. Mr. Danzig has previously been retained as an expert on Georgia trade secrets law and federal discovery issues in a case pending before the High Court of Justice in London, England.

Mr. Danzig began his legal career at AGG and, before returning in 2008, spent years as an Assistant United States Attorney in the U.S. Attorney’s Office for the Northern District of Georgia in Atlanta. As a federal prosecutor, Mr. Danzig investigated and prosecuted white collar criminal cases across a wide range of matters including mail and wire fraud, healthcare fraud, securities fraud, mortgage fraud, bank fraud, money laundering, antitrust violations, pharmaceutical investigations, and computer-related crimes such as computer intrusion/hacking, spamming, spoofing and identity fraud. Mr. Danzig investigated and prosecuted matters with complex international aspects and traveled to various countries to work with foreign law enforcement entities.

Mr. Danzig is a graduate of the Leadership Atlanta Class of 2015. He is the Board Chair for Our House, Inc., a daycare center for homeless children and a shelter for newborns and their parents.

Featured Experience Successfully represented former Chairman and CEO of public healthcare company in a civil lawsuit brought by the SEC alleging the client disclosed material inside information to someone outside the company who then traded securities based on that information. SEC dismissed case with prejudice after losing multiple pre-trial motions.

Represented a large refrigeration warehouse company in EPA criminal investigation regarding ammonia releases at refrigeration facility. Investigation closed with no charges filed or any adverse action taken by the government against the company.

Successfully represented owner and senior executive of a refrigeration hardware company in criminal antitrust investigation alleging customer allocation in violation of the Sherman Act. No charges were filed against the firm’s client.

RecognitionBTI Client Service All-Star, 2016

Best Lawyers in America (Criminal Defense: White Collar), 2013-17

Georgia Super Lawyers (White Collar Criminal Defense), 2011–15

“Legal Elite,” Georgia Trend (Criminal Law), 2009–11

“Rising Star,” Georgia Super Lawyers (Criminal Defense), 2009–10

“Rising Star,” Georgia Super Lawyers (Criminal Prosecution), 2005–06

EducationGeorgetown University Law Center, Juris Doctorate, 1997, Magna Cum Laude

Order of the Coif

Harvard University, Bachelor of Arts, 1992, Cum Laude

AdmissionsState of Georgia, 1997

Court AdmissionsUnited States District Court for the Northern District of Georgia, 1997

United States Court of Appeals for the Eleventh Circuit, 1997

Superior Courts of Georgia, 1997

Georgia Court of Appeals, 1997

Supreme Court of Georgia, 1997

In a prior career, Mr. Danzig was a public school history and English teacher in Louisiana, where he also coached a state champion high school wrestling team.

© 2012-2016 Arnall Golden Gregory LLP

RICHARD H. DEANE JR. (RICK)PARTNER

Investigations & White Collar Defense

Business & Tort Litigation

Global Disputes

Securities Litigation & SEC Enforcement

Health Care

Atlanta

(T) +1.404.581.8502

(F) +1.404.581.8330

rhdeane@jonesday.com

EXPERIENCE HIGHLIGHTS

Former CEO defends federal criminal investigation involving allegations of

potential violations of the Anti-Kickback statute

CEO of industrial services company defends federal criminal public corruption

investigation

Former CFO of multinational corporation defends DOJ and SEC investigation

involving allegations of potential FCPA violations

HONORS & DISTINCTIONS

Winner — Georgia: "Commercial Litigation Department of the Year" (April 23,

2014) and "General Litigation Department of the Year" (April 25, 2013), The Daily

Report

Listed in Best Lawyers in America (2016)

Named by Time Magazine in 2001 to the "Time 100 List of Innovators" featured

in the Georgia edition of Super Lawyers magazine

Listed in Chambers USA and Georgia Trend magazine's "Legal Elite"

EDUCATION

University of Michigan (LL.M. 1979); The University of Georgia (J.D. 1977; Earl

Warren Scholar; B.A. cum laude 1974)

BAR ADMISSIONS

Georgia

GOVERNMENT SERVICE

U.S. Attorney, Northern District of Georgia (1998-2001); Magistrate Judge, U.S.

District Court, Northern District of Georgia (1994-1998); and Chief of the

Criminal Division (1990-1994), Chief of the General Crimes Section

(1986-1990), and Assistant U.S. Attorney (1980-1986), Northern District of

Georgia, United States Department of Justice

Rick Deane represents clients who are facing all types

of criminal or civil investigations by the United States

Department of Justice and other investigative

agencies. He has extensive experience in dealing with

federal grand jury investigations. In addition to his

criminal trial work, Rick handles general litigation

matters.

Rick has broad experience trying cases in state and

federal courts and has gained extensive experience

appearing before the Fifth and Eleventh Circuit Courts

of Appeal. He recently served as lead counsel in

defending criminal charges against a major design-build

company. All charges against the company were

dismissed and the company paid a civil assessment.

He also recently served as lead counsel in a

month-long personal injury case tried in state court to a

complete defense verdict.

Representative clients include the Atlanta School Board,

The Facilities Group, the Fulton County District

Attorney's Office, The Public Warehousing Company

K.S.C., The Sherwin-Williams Company, and numerous

others.

Rick is Partner-in-Charge of the Atlanta Office and

heads the litigation group in Atlanta. He is a member of

the American College of Trial Lawyers. Rick was

recently chosen by the State Bar of Georgia's bench

and bar committee as the attorney recipient of the 12th

Annual Chief Justice Thomas O. Marshall

Professionalism Award. The award honors "one lawyer

and one judge who have demonstrated the highest

professional conduct and paramount reputation for

professionals." In addition, he received the Atlanta Bar

Association Distinguished Service Award in 2016. Rick

is also a past president of the National Association of

Former United States Attorneys (NAFUSA).

Biographical Information James D. Durham

First Assistant United States Attorney Southern District of Georgia

James (“Jim”) Durham received his undergraduate degree from Princeton University in 1990. Before entering law school, Mr. Durham taught history at a public high school in Brunswick, Georgia. In 1995, Mr. Durham received a Juris Doctorate degree from the University of Georgia School of Law. Upon graduating from law school, Mr. Durham joined Chilivis, Cochran, Larkins and Bever, a small Atlanta firm specializing in white collar criminal defense and complex civil litigation. Mr. Durham was elected partner of the firm in 2001.

In 2002, Mr. Durham left private practice and joined the U.S. Attorney=s Office for theSouthern District of Georgia as a line prosecutor. During his 14 years with the U.S. Attorney=sOffice, Mr. Durham has prosecuted hundreds of defendants in cases involving public corruption, health care fraud, racketeering, money laundering, and other types of federal offenses. For his work as a prosecutor, the Department of Justice awarded Mr. Durham in 2006 and 2011 with the Director=s Award for superior performance by an AUSA, one of the highest honors awarded bythe Department. Additionally, HHS-OIG has twice awarded Mr. Durham with the Inspector General=s Integrity Award for his work in the fight against health care fraud. For his work as acourtroom lawyer, Mr. Durham was inducted into the American College of Trial Attorneys in 2014. Mr. Durham is the only current federal prosecutor in Georgia who is a member of the College.

In addition to carrying a full caseload of criminal cases, Mr. Durham is a member of the U.S. Attorney=s Office leadership team. In 2007, Mr. Durham was appointed as the Chief ofthe office=s Criminal Division. In 2009, Mr. Durham was appointed as the First AssistantUnited States Attorney, with the responsibility of leading the day-to-day operations of over 60 attorneys and support staff prosecuting cases on behalf of the United States.

ANDREW D. GOLDSMITH Associate Deputy Attorney General &

National Criminal Discovery Coordinator United States Department of Justice

950 Pennsylvania Avenue, NW Washington, DC 20530

andrew.goldsmith@usdoj.gov (202) 514-5705

Mr. Goldsmith was appointed in January 2010 as the Justice Department’s first National Criminal Discovery Coordinator. In this role, he oversees a wide range of national initiatives designed to provide federal prosecutors and other law enforcement officials with training and resources relating to criminal discovery, including electronic discovery. As Associate Deputy Attorney General, he is also responsible for environmental matters, topics concerning professional responsibility, and recording of custodial statements.

Mr. Goldsmith previously served as the First Assistant Chief of DOJ’s Environmental Crimes Section, and successfully prosecuted the Atlantic States case in New Jersey during 2005-06, an eight-month trial that is the longest environmental crimes-related prosecution in U.S. history. His articles on criminal e-discovery have appeared in the United States Attorneys’ Bulletin.

In 2010, Mr. Goldsmith earned his third Attorney General’s Award when he received the Award for Excellence in Information Technology in recognition of his work in the area of e-discovery.

He previously served as an Assistant U.S. Attorney for the District of New Jersey. Mr. Goldsmith started out his legal career as an Assistant District Attorney in the Manhattan D.A.'s Office during the high crime era of the 1980’s.

Mr. Goldsmith graduated cum laude in 1983 from Albany Law School, which presented to him in 2008 its Distinguished Alumni in Government Award. He received his B.S. degree in biology in 1979 from Cornell University, which selected him in 2014 for inclusion on its list of Distinguished Classmates.

Daniel P. GriffinMemberPhone: 404-962-6154Fax: 404-962-6364

Atlanta OfficeRegions Plaza Suite 2100 1180 West Peachtree Street, N.W.Atlanta, GA 30309-3407

Practice AreasWhite Collar & Corporate InvestigationsLitigationCrisis ManagementHealth Care

EducationJ.D., cum laude, The University of Georgia, 1986

Georgia Law ReviewB.B.A., The University of Georgia, 1983

Bar AdmissionsGeorgia

Danny Griffin has 28 years of experience in civil and criminal litigation. He has represented more than 30 clients who were "targets" of federal criminal investigations where no charges were ever filed, and has convinced federal prosecutors to dismiss indictments against his clients on seven different occasions. He has successfully defended False Claims Act (qui tam) cases brought by "whistleblowers" and also represents individual whistleblowers who seek rewards in return for "original source" information.

Mr. Griffin advises companies and individuals regarding effective responses to grand jury investigations. He has also conducted internal investigations for corporations in the banking, bottling, electronics, entertainment, health care and retail industries.

Mr. Griffin has handled cases involving alleged antitrust violations, bribery, customs violations, embezzlement, environmental offenses, Executive Order violations, the Foreign Corrupt Practices Act, FTCA violations, health care fraud, immigration offenses, income tax offenses, insider trading, money laundering, mortgage fraud, obstruction, perjury, public corruption, securities fraud, unlawful internet pharmacies, and mail, wire, honest services and bank fraud. He has also handled cases involving asset forfeiture, the recovery of stolen/embezzled funds, libel and slander, music royalties, stock options, products liability, medical malpractice and wrongful death.

Mr. Griffin clerked for United States District Court Judge Harold L. Murphy and served five years (1997-2002) as an Assistant United States Attorney for the Northern District of Georgia where he had responsibility for prosecuting fraud, tax and public corruption cases.

Chambers USA: America's Leading Lawyers for Business (Litigation: White-Collar Crime & Government Investigations 2013-2016)The Best Lawyers in America© (Criminal Defense: White-Collar 2007-2017)The Best Lawyers in America© (Qui Tam Law 2015-2017)Georgia Trend magazine's Legal Elite (Criminal Defense 2007-2015)Georgia Super Lawyers (2016 Top 100; White Collar Criminal Defense 2008-2016)Listed as one of the state's leading business crime lawyers in IBAWho's Who Legal: GeorgiaFellow, Litigation Counsel of AmericaBoard Member: General Practice and Trial Section, State Bar of Georgia (2002-2016)

Practice AreasWhite Collar & Corporate InvestigationsLitigationCrisis ManagementHealth Care

EducationJ.D., cum laude, The University of Georgia, 1986

Georgia Law ReviewB.B.A., The University of Georgia, 1983

Bar AdmissionsGeorgia

Steven D. Grimberg

Steve Grimberg serves as the Deputy Chief of the Financial Fraud and Cyber

Crime Section of the United States Attorney’s Office for the Northern District of

Georgia. In this position, he prosecutes a variety of complex white collar and

national security criminal cases, including violations of banking, tax, health care,

computer hacking and counter-proliferation laws. Mr. Grimberg supervises a

section of approximately 25 federal prosecutors in the office. He has been with

the Department of Justice since 2005. Prior to becoming a prosecutor, Mr.

Grimberg worked in private practice at a large law firm in Atlanta representing

businesses and employers in civil litigation across the country.

Steve Grimberg also serves as an Adjunct Professor at Emory Law School,

where he teaches courses on criminal law, criminal procedure and courtroom

advocacy skills. He graduated from Emory Law School with distinction in 1998.

Steve Grimberg is a first-generation American whose parents and sibling

immigrated to the United States from Argentina in 1969. He lives in Cobb

County with his wife and two boys, ages 6 and 3.

MARCOS E. HASBUN | 1

MARCOS E. HASBUN

PartnerTampa813.321.8220813.223.7961 faxmhasbun@zuckerman.com

Practice FocusBusiness DisputesCriminal DefenseFalse Claims ActHealth CareInternal InvestigationsLegal Profession & EthicsProcurement FraudPublic Integrity & Ethics

EducationGeorgetown University Law Center,J.D., cum laude, 1998Georgetown University, B.S., magnacum laude, 1995

LanguagesSpanishFrench

OVERVIEWRecognized since 2010 by The Best Lawyers in Americaand named a “Rising Star” by Law360 in 2012, Marcos E.Hasbun focuses his practice on white collar criminaldefense matters and complex civil litigation. He hassignificant experience representing health care providers,government contractors, companies, and individuals inconnection with both civil and criminal governmentinvestigations, including investigations conducted by theFederal Bureau of Investigation (FBI), U.S. Department ofHealth and Human Services (HHS) Office of InspectorGeneral, the Internal Revenue Service (IRS), the FederalDeposit Insurance Corporation (FDIC), and the DefenseCriminal Investigative Service (DCIS). He has likewiserepresented individuals and entities in the event agovernment investigation escalates into criminal charges,or results in a civil suit filed by, or on behalf of, thegovernment.

In the criminal arena, Mr. Hasbun has defended individualsagainst allegations of health care fraud, governmentcontracting fraud, tax fraud, bank fraud, criminalenvironmental matters, and public corruption. In the civilarena, his representations have included defendingindividuals and entities against allegations that theyviolated the False Claims Act, as well as litigating generalcommercial disputes. Mr. Hasbun is also a federalmediator.

Throughout his career, Mr. Hasbun has devotedsubstantial time to representing indigent defendants in probono matters. He has represented individuals who havechallenged the severity of their sentences on appeal, whowere charged with drug trafficking and firearm offenses,and who sought to obtain post-conviction DNA testing.

Professional Highlights● Mr. Hasbun represented a laboratory in connection with

alleged violations of the federal Anti-Kickback Statute,and achieved a global resolution for the laboratory thatresolved a False Claims Act suit, a parallel federalcriminal investigation, and related administrative issues.

● Mr. Hasbun represented a medical device company andits principal in a federal False Claims Act suit filed by aqui tam relator. A former independent salesrepresentative had alleged that the companyfraudulently promoted the sale of a spinaldecompression device, resulting in physicians submitting

MARCOS E. HASBUN | 2

false claims for payment. The court dismissed the suit with prejudice.

● Mr. Hasbun represented a pharmaceutical company alleged to have violated the False ClaimsAct by purportedly engaging in off-label marketing. We were able to obtain a dismissal after amotion to dismiss. The decision was upheld on appeal before the U.S. Court of Appeals,Eleventh Circuit, and the U.S. Supreme Court denied the whistleblower’s request for certiorarireview.

Honors● 2012 Rising Star: Health Law, Law360

● 2012 Community Volunteer of the Year, PARC

● 2011 Up and Comer Award, Tampa Bay Business Journal

● Benchmark Litigation, Local Litigation Star (Florida)

● The Best Lawyers in America, White-Collar Criminal Defense

● Super Lawyers (Florida)

EXPERIENCE● Zuckerman Spaeder is defending an executive and former general counsel of a major public

health care insurance company in connection with federal health care fraud charges. Theindictment involves complex legal and accounting issues regarding the Florida Medicaidbehavioral health care program. A related civil suit filed by the U.S. Securities and ExchangeCommission (SEC) alleges fraud, false filings, and related violations of the Securities Act.

● Currently represents a company in a criminal export control investigation.

● Currently represents a former executive of a health care company in connection with anongoing civil investigation.

● Currently represents a publicly traded company in a tortious interference lawsuit.

● Currently represents a government contractor in parallel civil and criminal investigations relatingto work performed for the military in Afghanistan.

● Currently represents a home health agency executive in a criminal investigation.

● Currently represents a home health agency in a False Claims Act suit alleging fraudulent billing.

● Represented a physician in a civil investigation related to allegedly improper referrals.

● Currently represents a pharmacy in a civil investigation relating to compoundedpharmaceuticals.

● Represented an individual in a criminal kickback investigation relating to contracts inAfghanistan.

● Represented a government contractor who received a target letter in connection with acriminal procurement fraud investigation relating to veteran-owned set-aside contracts. Thefirm's counter-investigation helped persuade the government to decline filing criminal charges.

MARCOS E. HASBUN

MEET THE U.S. ATTORNEY

John A. Horn is the United States Attorney in the Northern District of Georgia (NDGA). He has been a federal prosecutor since 2002 and previously served as First Assistant U.S. Attorney, Chief of the office's Appellate Division, and Deputy Chief of the Narcotics Section for the NDGA. His focus was mainly on prosecuting cases involving international drug cartels, but he also prosecuted computer crime and fraud cases and has argued appeals before the Eleventh Circuit Court of Appeals involving fraud schemes, child sex offenses, and violent crimes. Some of his notable cases include a takedown of a significant component of Mexico's Beltran-Leyva cartel including kingpin Edgar Valdez-Villarreal, aka "La Barbie," and illegal prescribing of pharmaceuticals by Carrollton doctor Philip Astin III. He also served as a member of the prosecution team for Centennial Olympic Park bomber Eric Rudolph.

John served as the first lead attorney of the David G. Wilhelm Organized Crime-Drug Enforcement Strike Force in Atlanta that brings together all federal investigative agencies, as well as state and local police, to focus on prosecuting international drug cartels. Before joining the U.S. Attorney's office, John worked in the white collar crime section at King & Spalding in Atlanta, Ga. and also clerked for Judge Stanley F. Birch Jr. of the Eleventh Circuit Court of Appeals, as well as Judge Harold L. Murphy of the U.S. District Court. John earned a law degree at the University of Virginia School of Law and a bachelor's degree at the College of William and Mary in Virginia.

CONTACT INFORMATION One Financial Plaza100 S.E. 3rd AvenueSuite 2700Fort Lauderdale, FL 33394 Phone: 954.764.7060Fax: 954.761.8135 gimperato@broadandcassel.com

Gabriel L. Imperato P.A.Managing PartnerFort Lauderdale

FOCUS AREAS AppellateGovernment Relations Health Law White Collar Criminal and Civil Fraud Defense

ACCREDITATIONS AND CERTIFICATIONSHealth Care Compliance (HCC)Health Care Compliance Association (HCCA) Health Law SpecialistThe Florida Bar

INDUSTRIES SERVEDHealthcare Pharmaceuticals Hospitals Physicians & Physician Groups Hospice & Home Health Medical Equipment & Devices

BAR MEMBERSHIPIllinois, 1977 Florida, 1987 District of Columbia, 1989

COURTSU.S. District Court of Appeals, 10th CircuitU.S. District Court of Appeals, 4th CircuitU.S. District Court, Middle District of FloridaU.S. District Court, Southern District of Florida

EDUCATIONDe Paul University College of LawChicago, Illinois, 1977J.D., Juris Doctor

University of MassachusettsAmherst, Massachusetts, 1973B.A., Bachelor of Arts

AFFILIATIONSThe Florida BarMember, Health Law and Criminal Law Sections American Bar AssociationMember, Antitrust Health Care and White Collar Crime Committees, and Subcommittee on Health Care Fraud American Health Lawyers AssociationChairperson, The Reimbursement and Payment Committee, and The Health Care Reform Task Force American Health Lawyers AssociationMember

EXPERIENCEGabriel L. Imperato is the Managing Partner of the Fort Lauderdale office of Broad and Cassel and serves on the Firm’s Executive Committee. He is a member of the Health Law Practice Group and is the co-chair of the Firm’s White Collar Defense and Compliance Practice Group.

Mr. Imperato’s personal practice includes representing individuals and organizations accused of health care fraud and assisting and advising health care organizations on corporate governance and compliance matters. Mr. Imperato is board-certified as a specialist in health law by the Florida Bar. He is also Certified in Health Care Compliance (CHC) by the Health Care Compliance Association (HCCA). This national accreditation reflects a professional level of competence and experience in compliance processes sufficient to assist healthcare business organizations to understand and address legal obligations and promote organizational governance and integrity through the operation of effective compliance programs. Mr. Imperato has served as a longtime member of the board of directors for HCCA and the Society of Corporate Compliance and Ethics (SCCE). He is currently the immediate past President of these organizations. Mr. Imperato has extensive criminal, civil and appellate trial experience in administrative, state and federal courts and has personally handled leading national cases concerning criminal and civil health care fraud and abuse and health care law and policy. He has also handled numerous matters involving the formation of integrated delivery systems and managed care organizations. He is considered a national leader on fraud and abuse, reimbursement and antitrust matters in the health care field and has lectured and published numerous articles on these subjects. He has been instrumental in the development of the Firm’s nationally recognized health law and white collar practice, which represents clients in Florida and throughout the United States. He has served as Deputy Chief Counsel, Office of the General Counsel, United States Department of Health and Human Services, Dallas, Texas. He advised and represented various agencies of the Department of Health and Human Services, including the Center for Medicare and Medicaid Services, the Public Health Service, the Social Security Administration and the Office of the Inspector General.Mr. Imperato represents many leading national companies, including Access Healthcare, Inc., Adventist Health Systems, American Health Associates, Cardinal Healthcare, Inc., Caremark Corporation, Children’s Psychiatric Center, Inc., Coastal Medical Equipment & Supply, Inc., DaVita, Inc., Delta Health Group, Inc., ELA Medical, Inc., Elite Home Health, Inc., Extended Care Recovery, Inc., Fonar Corp., Fresenius Medical Care, NA, Gambro Health Care Organization, Global Diagnostic Imaging, Inc., Health Management Associates, Inc., Home Health Corporation of America, Inc., Jewett Orthopaedic Clinic, Miami Children’s Hospital, Omni Healthcare, Inc., Oncology & Hematology Associates of South Florida, Senior Home Care, Inc., Southern Pharmaceuticals Corp., Team Health, Inc., Weston Outpatient Surgery Center.Mr. Imperato was recognized in the last eight consecutive years by Chambers USA: A Guide to America’s Leading Business Lawyers as a leading healthcare attorney, and in 2009 - 2016 achieved the highest ranking possible for a healthcare attorney. In 2006 - 2017, he was recognized by the top legal guide "The Best Lawyers in America®," published by Woodward and White. He was also designated a "Florida Legal Elite" in Florida Trend Magazine in 2007 and 2010, a "Florida Super Lawyer" by Super Lawyers magazine in 2006 - 2016, and a "Top Lawyer" in healthcare by the South Florida Legal Guide in 2008, 2013-2016.Mr. Imperato is an AV Preeminent®-rated attorney by Martindale-Hubbell, achieving the agency’s highest marks for both competency and ethics.

Mr. Imperato enjoys community service and is involved in a variety of organizations.

HONORS AND AWARDSSelected among the 2016 "Best of the Best USA" by ExpertGuides in Healthcare Honored among the Power Leaders in Law & Accounting by the South Florida Business Journal, 2014-2016 Named the Best Lawyers' 2012 Miami Health Care Law Lawyer of the Year Excellence in Leadership Award Named "Top Lawyer" in Health Care by the South Florida Legal GuideDesignated "Florida Legal Elite" in Florida Trend Magazine by his peers, 2007 and 2010 Recognized in "The Best Lawyers in America®" for health care law, 2006 - 2017 "Florida Super Lawyer" by Super Lawyers magazine, 2006 - 2016 Leadership Broward's "Profiles in Leadership" Leader of the Year Award, 2006 Chambers USA: A Guide to America’s Leading Business Lawyers - Healthcare, 2005-2016 Achieved AV Preeminent® Peer Review Rating with Martindale-Hubbell

PUBLICATIONSDepartment of Justice increases focus on organizational complianceCompliance TodayMarch 2016 Board oversight: Fiduciary duty of care and individual liabilityCompliance TodayMay 2016 Understanding the Halifax case and its implications for physician arrangementsCompliance TodayJune 2015 Compliance officer independence and compliance risksCompliance TodayApril 2015 Understanding the Internal Investigation ProcessSouth Florida Hospital NewsMarch 2015 More Than Just “Window Dressing”: A Salute to the Compliance ProfessionSouth Florida Hospital NewsJanuary 2015 Compliance Professionals Need to Have a "Seat at the Table," But What Does that Look Like? Journal of Health Care ComplianceJune 2014 Chapters: "Compliance and Governance for Health Care Organizations" and "A Guide to Retaining Legal Counsel and the Considerations of the Attorney-Client Relationship"Health Care Compliance Professional's ManualJune 2014

Scott K. McCulloch Trial Attorney Counterintelligence and Export Control Section National Security Division U.S. Department of Justice

Mr. McCulloch has served since 2015 as a Trial Attorney with the National Security Division, Counterespionage Section at the U.S. Department of Justice in Washington, DC. He prosecutes counter-intelligence, economic espionage, cyber, and proliferation matters.

Prior to joining the DOJ, Mr. McCulloch worked from 2009-2015 at Kobre & Kim LLP. From 2007-2009, Mr. McCulloch worked as an attorney at Davis Polk & Wardwell LLP. Mr. McCulloch served as a law clerk at the U.S. District Court, Southern District of New York from 2006 – 2007.

Mr. McCulloch received his J.D. from Harvard Law School, his M.P.A. from Harvard University Kennedy School of Government and an A.B. from Dartmouth College.

real people.

Areas of Focus

● False Claims Act Defense

● Government Investigations and Compliance-Civil and Criminal

● Health Care Industry

● Health Care Litigation

● Health Care Litigation

● Health Care Services

● Internal Investigations

● Litigation and Dispute Resolution

Education

● J.D., Georgia State University College of Law, 1997

● B.A., cum laude, Boston College, 1994

Bar Jurisdictions

● Georgia,1998

Court Admissions

● U.S. Court of Appeals, Eleventh Circuit, 1998

● U.S. District Court, Northern District of Georgia, 1998

● U.S. District Court, Southern District of Georgia, 1998

● U.S. District Court, Middle District of Georgia, 1998

● U.S. Court of Appeals, Third Circuit, 2013

real perspective. SM

Brian F. McEvoy Shareholder bmcevoy@polsinelli.com Atlanta 404.253.6021

"The best advice I have ever been given about practicing law is to treat every client as if they were my own family member and to handle difficult situations with both enthusiasm and compassion."

Overview Brian McEvoy is an accomplished litigator with a well-earned reputation for working tirelessly to achieve the best outcomes for clients and for thinking creatively and strategically to resolve difficult problems with efficiency and professionalism. Brian is a former federal prosecutor with a practice focus on white collar criminal defense and a special emphasis in health care fraud matters. During his service as a federal prosecutor, he received special commendation from the Department of Health and Human Services by receiving the Inspector General's Integrity Award for his work prosecuting Health Care Fraud matters. In 2008, he was named as the District's Health Care Fraud Coordinator and started the District's first Health Care Fraud Task Force.

Brian currently focuses his practice as a white collar criminal defense attorney handling health care fraud cases and other federal economic criminal matters. His practice also includes business litigation and government and internal corporate investigations. As a former federal prosecutor, he has extensive criminal trial experience and expertise in:

● False Claims Act defense

● Civil and criminal health care fraud

● Mortgage fraud

● Securities fraud

● Government contracting

● Environmental and other civil and criminal regulatory matters

● Foreign Corrupt Practice Act matters

Due to his extensive experience litigating civil and criminal health care matters, he is uniquely situated to represent physicians, physician practice groups and other health care providers in almost any type of proceeding.

Distinctions ● Preeminent AV Rating, Martindale-Hubbell

● Selected for inclusion in Georgia Super Lawyers, 2015

● Georgia Trend magazine Legal Elite, 2014-2015

● HHS-OIG Inspector General's award, 2007

● United States Secret Service Director's Award, 2008

Key Matters ● Counsel to physician practice group in federal civil health care fraud case in the District of

Massachusetts

● Counsel to specialty pharmacy company in False Claims Act investigation

● Counsel to numerous physician practice groups in defense of Federal False Claims Act investigations, government enforcement actions and internal investigations.

● Represented physicians and health care providers in federal criminal, civil, and administrative matters.

● Counsel to an international subsidiary related to a government investigation of defense contracting billing issues.

● Counsel to senior executives of an international automotive company in connection with a federal anti-trust investigation.

● Counsel to company executive in connection with alleged federal immigration violations.

● Counsel to actuarial analyst accused of insider trading in the Southern District of New York.

● Conducted numerous corporate internal investigations related to alleged government fraud, FCPA issues and antitrust matters.

● Represented numerous individuals in federal criminal mortgage fraud investigations.

● Counsel to numerous witnesses testifying before the SEC, Federal Grand Jury and other Federal Criminal and Civil Proceedings.

● Counsel to international logistics company in connection with a federal procurement fraud investigation

● State Attorney General/Medicaid Fraud Control Unit Investigation of national pharmacy company involving allegations of improper automated prescription refill program of HIV medications.

● Internal investigation associated with DOJ investigation of large physician practice group relating to FCA case involving allegations of over utilization of and billing for ancillary testing.

● Internal investigation involving DOJ FCA investigation of oncology physician practice group.

● Internal investigation on behalf of Hospice company defending DOJ FCA Claims of improper admissions.

● Representation of large orthopedic practice group in defense of DOJ FCA case involving allegations of AKS/Stark violations.

● Representation of multiple physician practice groups (internal medicine providers, radiation oncologists, critical care doctors, et al) in Medicaid/Medicare/private payor overpayment cases in which payor relied on statistical extrapolation and statistical sampling of alleged overpayments.

● Representation of compounding pharmacy in internal investigation regarding DOJ criminal/civil investigation of improper billing practices.

● Internal investigation of large orthopedic practice relating to DOJ investigation of billing practices.

● Representation of DME company in criminal DOJ over-billing case.

● Obtained dismissal of all claims against healthcare consulting firm in multimillion dollar FCA case against large orthopedic group 

● Secured declination to intervene from U.S. Attorney’s Office in qui tam suit against orthopedic practice 

● Achieved highly favorable settlements for hospice provider, internal medicine practice, and oncology practice in complex, high damages federal FCA cases 

● Successfully represented SEC-registered investment adviser in parallel DOJ and SEC securities fraud investigations

William (Mitch) R. Mitchelson, Jr.

Offices: Atlanta T: 404-881-7661 F: 404-253-8752 mitch.mitchelson@alston.com

Related Services

Litigation

Government & Internal Investigations

Commercial

International Litigation

State Attorneys General Practice Team

Health Care Litigation

Related Industries

Health Care

Education

University of Chicago (J.D., 1985)

Duke University (B.A., 1982)

Admitted To Practice

Georgia

California

William R. (Mitch) Mitchelson focuses his practice on the defense of government investigations, internal corporate investigations, false claims act litigation and corporate legal compliance. He is the former leader of the firm’s White Collar Crime Group and is the current chair of the firm’s False Claims Act Working Group and co-chair of the firm’s Health Care Litigation Team. He is a former federal prosecutor who has represented corporations and individuals in significant and high-profile government investigations across the United States. Mr. Mitchelson serves as the co-chair of the Southeast Subcommittee of the ABA Committee on White Collar Crime.

Following law school, Mr. Mitchelson served as a law clerk for The Honorable Cynthia Holcomb Hall of the United States Court of Appeals for the Ninth Circuit. At the request of the United States Department of Justice, Mr. Mitchelson has spoken to federal prosecutors about professionalism and ethics in the criminal justice system. He has also appeared as a legal analyst on CNN’s Wolf Blitzer Reports and in print media, including The National Law Journal and The Denver Post, commenting on high-profile government investigations.

Experience

News

Counsel to senior executives of a public pharmaceutical company in connection with a federal investigation into allegations of off-label marketing.

Counsel to national public health care companies in connection with Civil False Claims Act investigations.

Counsel to a senior executive related to a government investigation of defense contracting issues.

Counsel to a multinational energy company for a world-wide review of its compliance program, including compliance with the Foreign Corrupt Practices Act.

Counsel to the chairman of one of the world’s largest international banks in parallel federal, criminal and regulatory investigations relating to the acquisition of a U.S. insurance company.

Counsel to numerous hospitals, public health care and pharmaceutical companies in internal investigations, government enforcement actions and qui tam litigation.

Counsel to a public company’s corporate compliance officer in a federal criminal prosecution, resulting in the dismissal of all charges.

Counsel to one of the United States’ largest energy companies in an internal investigation into regulatory accounting issues.

Alston & Bird Attorneys Named to “Best Lawyers in America”

One-hundred and sixty Alston & Bird attorneys have been selected by their peers for inclusion in the 2017 edition of The Best Lawyers in America . The lawyers span the firm’s eight offices in the United States and represent more than 60 practice areas. August 16, 2016 Press Release

Alston & Bird Earns Wide Recognition in Chambers USA 2016

Alston & Bird has earned wide recognition in the 2016 edition of Chambers USA, the peer review directory of leading U.S. business lawyers. May 27, 2016 Press Release

Former U.S. Attorney Thomas Walker Rejoins Alston & Bird as Litigation Partner in Raleigh, Charlotte

Alston & Bird today announced that Thomas G. Walker, former U.S. Attorney for the Eastern District of North Carolina, has rejoined the firm as a partner in its Litigation & Trial Practice Group. March 9, 2016 Press Release

Alston & Bird Attorneys Recognized as “Georgia’s Top Rated Lawyers”

©

Events

Memberships and Affiliations

Eighty-two Alston & Bird attorneys have been named in the 2016 edition of “Georgia’s Top Rated Lawyers.” March 8, 2016 Press Release

Alston & Bird Hires Former Senior Official with California Attorney General’s Office to Lead State Attorneys General Practice

Alston & Bird today announced the hiring of Jeffrey Tsai, a former senior official with California Attorney General Kamala D. Harris’s office, as a litigation partner in the firm’s Silicon Valley and Los Angeles offices. September 8, 2015 Press Release

Best Lawyers in America Recognizes 153 Alston & Bird Attorneys

One hundred and fifty-three Alston & Bird attorneys have been selected by their peers for inclusion in the 2016 edition of The Best Lawyers in America . The lawyers span the firm’s eight U.S. offices and represent more than 60 practice areas. August 17, 2015 Press Release

Second Circuit Affirms $10 Million Judgment for Alston & Bird Clients

On June 11, the U.S. Court of Appeals for the Second Circuit affirmed a judgment in excess of $10 million in favor of Alston & Bird clients Kevin Brittingham and his company Random Ventures, Inc. June 16, 2015 Press Release

Alston & Bird Earns Broad Recognition in Chambers USA 2015

Alston & Bird has earned broad recognition in the 2015 edition of Chambers USA, the peer review directory of leading U.S. business lawyers. May 20, 2015 Press Release

Alston & Bird Attorneys Recognized as “Georgia’s Top Rated Lawyers”

Eighty-one Alston & Bird attorneys have been named “Georgia’s Top Rated Lawyers.” February 9, 2015 In the News

Recognized as a leading lawyer for white collar crime and health care in Chambers USA: America’s Leading Lawyers for Business, 2012-2016.

Named in The Best Lawyers in America, 2012, 2013 and 2016.

Listed as a top lawyer in “Criminal Defense: White Collar” in Super Lawyers magazine, 2012.

Identified in the International Who’s Who of Business Crime Lawyers, 2011.

Recognized in the list of “Top Lawyers,” Corporate Counsel magazine, 2011.

Selected as one of Georgia’s “Legal Elite” by Georgia Trend magazine.

©2016 ALSTON & BIRD LLP

©

Paul B MurphyPARTNER

ATLANTAT: +1 404 572 4730F: +1 404 572 5100

E-mail

PROFILE   |   NEWS & INSIGHTS

Paul Murphy is a partner in King & Spalding’s Atlanta office and a member of the firm’s Special Matters and Government Investigations Practice Group.  His practice is focused on white collar criminal defense, civil investigations and litigation under the federal and state False Claims Acts, other government enforcement matters, internal corporate investigations, and corporate compliance and governance counseling.  He represents and advises corporations, boards of directors and board committees, as well as individuals. 

Mr. Murphy brings more than twenty-five years of experience to clients confronting challenging and sensitive legal situations.  A former federal prosecutor, Mr. Murphy has handled significant and high-profile government investigations in jurisdictions across the country.  He has assisted clients in a wide variety of matters spanning a number of industries.  He has deep expertise in health care fraud investigations, having represented health systems, home health companies, pharmaceutical companies, medical device manufacturers, pharmacy providers, skilled nursing facilities, and health care insurers.  Other areas in which Mr. Murphy has represented clients include matters involving alleged environmental violations, immigration offenses, customs and other-trade related violations, tax offenses, violations of the Foreign Corrupt Practices Act, and public corruption.

Several publications have recognized Mr. Murphy as a leading white collar criminal defense attorney, including The Best Lawyers In America and Chambers USA.  In recognizing Mr. Murphy’s accomplishments, Chambers USA described him as “a go-to person for difficult cases.”  A frequent speaker and author on topics related to government investigations and prosecutions, Mr. Murphy co-chairs the annual White Collar Crime Seminar and Health Care Fraud Institute sponsored by the State Bar of Georgia.    

Mr. Murphy spent several years in a number of capacities with the United States Department of Justice.  He served as the United States Attorney for the Southern District of Georgia, under appointments by the Attorney General and later by the United States District Court.  Mr. Murphy previously worked in Washington, D.C. and held appointments as Associate Deputy Attorney General and Chief of Staff to the Deputy Attorney General.  In those positions, he was responsible, among other things, for overseeing the Department’s criminal and civil health care fraud enforcement program and was the principal policy liaison to the Department of Health and Human Services.  He also oversaw several Justice Department components, including the United Sates Marshals Service and the Federal Bureau of Prisons, and advised the Attorney General and Deputy Attorney General on various enforcement matters.  Mr. Murphy also served as an Assistant United States Attorney, during which time the Attorney General presented him with the Director’s Award for Superior Performance for his work prosecuting a large-scale alien smuggling operation.

Mr. Murphy received his B.A., magna cum laude, in 1985 from Vanderbilt University and his J.D., magna cum laude, in 1988 from the University of Georgia, where he was a member of the Georgia Law Review.  He is a member of Phi Beta Kappa and Order of the Coif. 

Mr. Murphy’s notable representations include the following matters:

Corporate Representations

• Represented Fortune 500 food, energy, and transportation company in criminal andcivil investigations conducted by U.S. Attorney’s Office, U.S. Department of Homeland Security, U.S. Department of Labor, U.S. Department of Health & Human ServicesOffice of Inspector General, and state Attorney’s General Office into alleged healthcare fraud and immigration worksite enforcement violations.

• Represented publicly held home health care company in civil investigation conducted by U.S. Department of Justice’s Civil Division and seven U.S. Attorney’s Offices, U.S.Department of Health & Human Services Office of Inspector General, and FederalBureau of Investigation stemming from multiple qui tam complaints alleging that beneficiaries were not homebound and that care was not medically necessary.

• Represented leading multi-state construction company in criminal investigation byU.S. Attorney’s Office and U.S. Department of Homeland Security into employeehiring practices and alleged immigration worksite enforcement violations.

• Retained by board of directors of publicly held food corporation to provide advice on all legal matters in the wake of highly publicized refinery explosion that spawned lengthy investigation by the Occupational Safety and Health Administration,shareholder litigation, and multiple wrongful death and personal injury cases.

• Retained by publicly held dialysis provider to assume representation of company in reopened discovery phase of a non-intervened qui tam case that claimed overbilling for alleged wastage of intravenous drugs reimbursed by the Medicare Program.

Healthcare Civil LitigationCrisis Management

Crisis Management: HealthcareCrisis Management:

Privacy/Information SecurityFalse Claims Act / Qui Tam

WhistleblowerFinancial Institutions:

Government InvestigationsForeign Corrupt Practices Act

(FCPA)Global Disputes

Health Govt InvestigationsSecurities Enforcement and

RegulationState Attorneys General

Healthcare IndustryPharma Government

InvestigationsWhite Collar Defense &

Government Investigations

PRACTICE AREAS

MEMBERSHIPSPhi Beta Kappa

Order of the Coif

EDUCATIONJ.D., magna cum laude, University of

GeorgiaB.A., magna cum laude, Vanderbilt

University

ADMISSIONSGeorgia

• Represented large national nursing home chain in civil investigation by U.S.Attorney’s Office, U.S. Department of Health & Human Services Office of Inspector General, Federal Bureau of Investigation, and state Attorney General’s Office arising from qui tam complaint alleging various issues related to the quality of care.

• Represented academic medical center in criminal and civil investigations by U.S.Attorney’s Office, U.S. Department of Health & Human Services, and Federal Bureau of Investigation related to alleged anti-kickback statute and Stark violations.

• Represented private equity firm in mortgage fraud investigation conducted by U.S. Attorney’s Office and U.S. Department of Housing and Urban Development.

• Represented academic medical center in criminal investigation by U.S. Attorney’sOffice and Internal Revenue Service related to certain intercompany transactions.

• Represented publicly held chemical manufacturer in criminal investigation by U.S. Attorney’s Office, Environmental and Natural Resources Division of U.S. Department of Justice, and Environmental Protection Agency into alleged violations of the Clean Water Act and the Resource Conservation and Recovery Act.

• Represented large multi-hospital health system in civil investigation by U.S.Attorney’s Office, U.S. Department of Health & Human Services Office of Inspector General, and state Attorney General’s Office prompted by multiple qui tam complaints alleging inappropriate admission and outlier charging practices.

• Represented large publicly held manufacturing company in internal investigation into financial arrangements with third-party customers, culminating in self-disclosure toU.S. Attorney Office related to potential violations of the Bank Secrecy Act.

• Represented Medicare Administrative Contractor (MAC) in civil investigation by U.S. Attorney’s Office, Civil Division of U.S. Department of Justice, U.S. Department of Health & Human Services Office of Inspector General, and Federal Bureau of Investigation stemming from multiple qui tam complaints focusing on a variety of issues, including the alleged failure to properly enroll Medicare providers.

• Represented large publicly traded data-aggregation corporation in one of the first national investigations by a multi-state attorneys general task force focusing on theloss and misappropriation of personal consumer information held by the company.

Individual Representations

• Represented chief executive officer of global pharmaceutical and surgical device company in investigation by U.S. Attorney’s Office, National Security Division of U.S. Department of Justice, and U.S. Department of Treasury’s Office of Foreign Asset Controls regarding alleged shipments into embargoed foreign countries.

• Represented chief executive officer of aircraft services corporation in investigation by U.S. Attorney’s Office and Environmental Protection Agency into alleged violations of the Clean Water Act and the Resource Conservation and Recovery Act.

• Represented real estate closing attorney in mortgage fraud investigation conducted by U.S. Attorney’s Office and U.S. Department of Housing and Urban Development.

• Represented high-ranking elected state official in highly-publicized public corruption investigation by U.S. Attorney’s Office and Federal Bureau of Investigation.

• Represented high-ranking executive with utility provider in public corruption investigation by U.S. Attorney’s Office and Federal Bureau of Investigation.

© 2016 KING & SPALDING

Gary P. Naftalis PartnerFirm Co-chairman; Co-chair, Litigation

gnaftalis@kramerlevin.com Phone: 212.715.9253 Fax: 212.715.9238New York

Overview Gary P. Naftalis is one of the nation’s leading trial lawyers and pre-eminent litigators. Mr. Naftalis represents corporations, as well as officers,directors and significant individuals, in all phases of complex high-stakescivil, criminal and regulatory matters. His work on behalf of these clientsspans more than four decades and includes many sensitive and high-profile matters, including governmental and regulatory inquiries and related civil litigation involving allegations of insider trading, market manipulation, accounting irregularities, stock options backdating and other financial fraud. Mr. Naftalis has also served as counsel to audit and special committees of a number of major public companies in connection with regulatory issues.Mr. Naftalis’ most notable work on behalf of clients includes his successful defense of Michael Eisner, the CEO of The Walt Disney Company, in the shareholder derivative lawsuit related to the hiring and termination of Michael Ovitz. After a 37-day trial in the Delaware Court of Chancery, Mr. Eisner and the other Disney directors prevailed on all counts. The National Law Journal chose the Disney decision as one of the top defense wins of that year. Mr. Naftalis also successfully secured dismissal for Kenneth Langone, former chair of the New York Stock Exchange Compensation Committee, of all charges brought against him by then-Attorney General Eliot Spitzer relating to the compensation of NYSE Chairman Richard Grasso. Following a decision by the Appellate Division of the New York State Supreme Court directing dismissal of the lawsuit, the attorney general announced he would not appeal and dropped the case.

Other notable matters include the representation of the city of New York in the inquiry by the New York County District Attorney relating to the fire at the Deutsche Bank building at the World Trade Center, in which no charges were brought against the city, any of its agencies or its officials, and the defense of Sirius XM Radio in a breach of contract action by Howard Stern seeking $330 million in damages, in which Mr. Naftalis secured summary judgment in favor of Sirius dismissing the case. The court found that the “clear, unambiguous language” of the contractdefeated Stern’s claim. The Appellate Division of the New York State

Related Practices

Litigation

White Collar Defense andInvestigations

Securities and Shareholder Litigation

Appellate and Constitutional Litigation

International Dispute Resolution

Commercial Litigation

Insurance Litigation

Internal Investigations

Education

Bar Admissions

Clerkships

- LL.B., Columbia Law SchoolEditor, Columbia Law Review

- M.A., Brown University - A.B., Phi Beta Kappa, Rutgers

University

- New York, 1967

- Honorable William B. HerlandsU.S.D.C., Southern District of New York

Supreme Court unanimously upheld the dismissal of Stern’s lawsuit. More recently, Mr. Naftalis defended Rajat K. Gupta, the former Managing Director Worldwide of McKinsey, in both a high-profile criminal insider trading trial and parallel SEC enforcement action, where he obtained a precedent-setting decision challenging the attempt by the Securities and Exchange Commission to utilize an administrative process rather than go to court.

Mr. Naftalis has long represented numerous securities industry clients in sensitive “bet the company” matters, including federal and state criminal actions, SEC investigations, and civil litigation. He successfully defended Salomon Brothers in the federal criminal and SEC investigations of U.S. Treasury auction bidding practices, and Kidder, Peabody in connection with the Wall Street insider trading scandal. In both instances, he persuaded the U.S. government not to bring criminal charges. He also represented Kidder, Peabody in multiple related civil litigations in which the company faced more than $2 billion in damage claims.

Mr. Naftalis is a fellow of the American College of Trial Lawyers. He has been repeatedly recognized as one of America’s premier litigators and trial lawyers. The National Law Journal named him a 2015 White Collar Trailblazer and also named him one of the “100 Most Influential Lawyers in America” the last two times it has compiled the list – in 2013 and in 2006. Legal 500 has named him one of the “10 Leading Trial Lawyers in the United States” every year since 2007 when it first compiled its list, and Super Lawyers also has named him one of the “Top 10 Lawyers in New York” every year since 2007 (ranking him number one in 2008, 2012 and 2015 and number two in 2009, 2010, 2013 and 2014). Mr. Naftalis has been recognized as a litigation star in Benchmark Litigation since 2008 and received the Lifetime Achievement Award in 2014. In 2015, he received the Milton Gould Award for Outstanding Oral Advocacy from the Office of the Appellate Defender. In 2012, he received the New York Council of Defense Lawyers Norman Ostrow Award in recognition of his white-collar defense achievements. Mr. Naftalis also received the 2011Chambers USA Award for Excellence in White Collar Crime andGovernment Investigations. He has been recognized by Best Lawyers inAmerica since 1993 in five categories — Bet-the-Company Litigation, White Collar Criminal Defense, Regulatory Enforcement, Securities Litigation and Commercial Litigation. He was also cited as one of America’s leading lawyers by Lawdragon 500 every year since 2006, as one of America’s leading trial lawyers by Chambers Global and Chambers USA and as one of the Nation's most highly regarded business crime defense lawyers by Who's Who Legal. In 2016, Chambers USAsaid: “‘Giant of the Bar’" Gary Naftalis is a nationally recognized trial lawyer whose experience includes some of the largest criminal and civil cases in recent history.” Chambers also named Mr. Naftalis one of the top four “star individuals” among white collar criminal defense lawyers in NewYork.

Court Admissions

Honors and Distinctions

- U.S. Supreme Court- U.S.C.A., 2nd Circuit- U.S.C.A., 3rd Circuit- U.S.C.A., 5th Circuit- U.S.C.A., D.C.- U.S.D.C., Eastern District of New

York- U.S.D.C., Southern District of New

York- U.S.D.C., Eastern District of

Michigan

NYSBA’s Empire State Counsel honor (2015)

-

American College of TrialLawyers, fellow

-

Pope Benedict XVI Benemerenti Medal

-

New York Lawyers for the Public Interest Law and Society Award (2009)

-

Police Athletic League Robert M. Morgenthau Award for the Legal Profession (2007)

-

American Friends of the Hebrew University George A. Katz Torch of Learning Award (2009)

-

Citizens Union of the City of New York Robert F. Wagner Jr. Award (2011)

-

Jewish Theological Seminary Judge Simon H. Rifkind Award (2015)

-

The Fund for Modern Courts John J. McCloy Memorial Award (2015)

-

Milton Gould Award for Outstanding Oral Advocacy, Office of the Appellate Defender (2015)

-

New York Council of Defense Lawyers Norman Ostrow Award (2012)

-

Euromoney Institutional Investor -PLC’s Benchmark Litigation (2008-2016)Euromoney Institutional Investor -PLC’s Benchmark Litigation Lifetime Achievement Award (2014)Woodward/White Inc.’s Best Lawyers in America (1993-2017),

-

Mr. Naftalis’ litigation successes have been the subject of numerous profiles over the years, including The New York Times in 2011 (“Columbo with a Law Degree”); The Wall Street Journal in 2006 (“The Zelig of the White Collar Bar: He’s Everywhere”) and in 2011 ("Gary Naftalis: Back in the Spotlight Again"); Super Lawyers in 2010 (“The Ultimate Lawyer Statesman”); The American Lawyer in 2006 (“The Velocity of Gary”); and the fall 2014 ABA Litigation Journal.

In addition to the many honors he has received over the course of hiscareer from within the legal profession, Mr. Naftalis was awarded theBenemerenti Medal by Pope Benedict XVI. He also received the Robert M. Morgenthau Award for the Legal Profession by the Police Athletic League, the George A. Katz Torch of Learning Award by American Friends of the Hebrew University, the Law and Society Award by New York Lawyers for the Public Interest, the Robert F. Wagner Jr. Award by the Citizens Union of the City of New York, the Judge Simon H. Rifkind Award by the Jewish Theological Seminary and the John J. McCloy Award by The Fund for Modern Courts.

Earlier in his career, Mr. Naftalis served as Assistant U.S. Attorney in the Southern District of New York and Deputy Chief of the Criminal Division. He also served as Special Counsel to the U.S. Senate Subcommittee investigating abuses in the nursing home industry.

Mr. Naftalis has been a lecturer at Columbia Law School and a member of the faculty of Harvard Law School. He is the author of numerous books and articles, including leading works on the grand jury system, The Grand Jury: An Institution on Trial (with the Honorable Marvin E. Frankel), and sentencing, Sentencing: Helping the Judges Do Their Jobs (also with Judge Frankel).

Experience

Successfully defended the general counsel and CFO of the Southland Corporation against proxy fraud charges.

Successfully represented a high-ranking investment banker from a major securities firm, who was not charged with any wrongdoing, in the investigation relating to Orange County California Municipal Financing.

Successfully represented a prominent Saudi Arabian banker against state criminal charges and in proceedings before the Federal Reserve Board relating to the disposition of his interest in the Bank of Credit and Commerce International, as well as complex civil litigation brought by the liquidators of BCCI seeking $10 billion in damages. All U.S. civil, criminal and regulatory charges were ultimately dismissed.

Professional Affiliations

Bet-the-Company Litigation, White Collar Criminal Defense, Regulatory Enforcement, Securities Litigation and Commercial Litigation Who's Who Legal, One of the Nation's most highly regarded business crime defense lawyers (2014-2015)

-

Chambers and Partners’Chambers Global Leading Lawyer (2006-2016)

-

Chambers and Partners’Chambers USA Award for Excellence in White Collar Crime and Government Investigations (2011)

-

Chambers and Partners’ Chambers USA Leading Lawyer (2003-2016)

-

Lawdragon 500 Leading Lawyer(2006-2015)

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Lawdragon 500 Legend (2016) -Legalease’s Legal 500 “10 Leading Trial Lawyers in the United States” (2007-2016)

-

The National Law Journal, 2015 White Collar Trailblazer

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The National Law Journal “100 Most Influential Lawyers in America” (2006, 2013)

-

Thomson Reuters’ New York Super Lawyers “Top 10 Lawyers in New York” (2007-2015), ranked No. 1 in 2008, 2012 and 2015 and No. 2 in 2009-2010, 2013and 2014

-

American College of Trial Lawyers, Fellow

-

The Grand Jury Project, Member, Appointed by Chief Judge Kaye of the New York Court of Appeals

-

Departmental Disciplinary Committee for the First Judicial Department, Member

-

Charles A. Pannell, Jr.United States District Judge

Judge Charles A. Pannell, Jr. was formally nominated for the United States District Courtby President William J. Clinton on July 14, 1999, confirmed by the United States Senate onOctober 15, 1999, and took the oath of office on December 1, 1999.

Judge Pannell was born January 24, 1946, at Emory Hospital in DeKalb County, Georgia. His family goes back multiple generations in the mountains of North Georgia, Tennessee, andthe Carolinas. He attended Georgia public schools in Atlanta, Murray County, and Dalton,graduating from Dalton High School in 1963. He received a Bachelor of Arts degree in 1967and a Juris Doctor in 1970 from the University of Georgia. During college he was a member ofthe Alpha Tau Omega, the Student Judiciary, ROTC and the Gridiron Secret Society.

Judge Pannell was commissioned as a second lieutenant in the U.S. Army, MilitaryPolice Corps, later transferred to the Judge Advocate Generals’ Corps, and served 29 years in theU.S. Army Reserves. He served as a military judge in the rank of colonel, graduated from theU.S. Army War College, and received the Legion of Merit.

In 1971 and 1972, he served as an Assistant U.S. Attorney in the Northern District ofGeorgia. From 1972 until 1976, Judge Pannell was an associate and later a partner at thePittman, and Kinney law firm in Dalton, Georgia. During that time, he had a general litigationpractice including representation of indigent defendants in criminal cases.

At age 30, Judge Pannell was elected as the District Attorney for the Conasauga Circuit(Murray and Whitfield Counties). In 1979, he became the youngest Superior Court Judge inGeorgia. During his twenty years on the Superior Court, he served as an Administrative Judge,on the Judicial Council of Georgia, and as President-Elect of the Council of Superior CourtJudges. As Judge he tried the “Bath Tub Strangler Case” in 1983 after its transfer from DeKalbCounty. It was the first death penalty trial that allowed Atlanta T.V. cameras. By 1999, he hadpresided or been lead counsel in over 800 jury trials.

In 1980, Judge Pannell was among the Five Outstanding Young Men named by theJaycees of Georgia for the state. He served for 20 years as district chairman for the STARStudent Recognition Program. Because of his work with the Boy Scouts of America, he wasawarded the Silver Beaver in 1999. The Cross and Flame Award and the Torch Award werepresented by the United Methodist Church for his work with youth. In 2011, Georgia TrendMagazine named him to its “100 Most Influential Georgians” citing his role in an overhaul ofGeorgia’s mental health system.

He is married to the former Kate Thompson Williams. They have two children: RuthPannell Crider, M.D., and Charles A. Pannell, III, attorney.

Updated April 8, 2016

U.S. Attorneys » Districts

G.F. "Pete" Peterman, III, Middle District of Georgia

G. F. “Pete” Peterman, III, became the Acting United States Attorney for the Middle District of Georgia by operation of law under the Vacancies Reform Act on November 30, 2015.

Mr. Peterman is a “Double Bear,” having received his Bachelor of Arts degree in English Literature from Mercer University in 1973 and his Juris Doctorate from the Walter F. George School of Law (Mercer Law School) in 1976.

During his career Mr. Peterman practiced privately in Macon for twelve years both in his own firm and as a partner in the Macon firm of Stone, Christian and Peterman. He also served as an Assistant District Attorney for the Macon Judicial Circuit. In 1990 he entered service with the United States Attorney’s

Office for the Middle District of Georgia, where he has practiced for twenty-six years. In that office he has served as the Criminal Division Chief and, for the past eighteen years, as the First Assistant United States Attorney. Mr. Peterman has been the Acting or Interim United States Attorney on three prior occasions. He has also received a Department of Justice Director’s Award for Outstanding Performance as an Assistant United States Attorney. He taught trial practice as an adjunct professor at his alma mater, the Walter F. George School of Law, from 1996 to 2014.

Mr. Peterman lives with his wife, Susan, in Macon.

PwC Advisory Mark C. Ray, Director

mark.c.ray@pwc.com 678-419-1149

Mark is a Director in PwC’s Cyber Investigations and Breach Response practice and a member of the Firm’s Financial Crimes Unit. With over 18 years of experience, Mark leads PwC’s Incident Response teams and is focused on delivering world-class cybercrime and fraud investigations, as well as cyber defense preparation services. He combines front-line cybercrime and crisis management expertise to help companies around the globe remediate data breaches and fraud events, as well as develop strategies to defend against advanced cyber threats.

Prior to joining PwC, Mark had a distinguished career as a Special Agent with the FBI’s Cyber Division, where he conceived, built, and led some of the FBI’s most preeminent criminal and national security cyber investigations. These transnational investigations resulted in the dismantlement of several major international cybercrime and money laundering organizations, including the SpyEye and Citadel malware crime rings, as well as the remediation of several high-profile data breaches across various industries. His investigations received distinguished recognition within the U.S. Government and the cybersecurity community, and received international attention, including featured stories in Newsweek and Wired, and a top-fold cover story in USA Today. Mark also served overseas as the FBI’s cyber liaison officer to the Netherlands and Bulgaria.

Mark has a BS in Management Information Systems from Purdue University, and an MBA from the University of North Carolina at Chapel Hill.

Judge W. Louis Sands

Judge Sands is a native of Bradley, Jones County, Georgia. He is a graduate of Mercer

University where he received the Bachelor of Arts Degree, double majoring in Political Science

and Music. He was also commissioned a second lieutenant in the United States Army Reserve

Signal Corps resigning his commission at the rank of captain upon completion of his required

service.

Judge Sands earned the juris doctor degree from Mercer University’s Walter F. George School

of Law. Immediately after law school he served as legal assistant to the district attorney for

the Macon Judicial Circuit where he later became an assistant district attorney, serving as major

crimes prosecutor and establishing one of the first child support recovery offices in the State

of Georgia.

He was appointed to be an Assistant U.S. Attorney for the Middle District of Georgia where

he served for nine years. Thereafter, he entered the private practice of law as a partner in the

law firm of Mathis, Sands, Jordan & Adams, PC in Macon and Milledgeville, Georgia. Judge

Sands served on the Georgia Chief Justice’s Commission on Professionalism and as vice-chair

of the Georgia Commission on Family Violence.

In 1991, Judge Sands was appointed to the Superior Court for the Macon Judicial Circuit by

Governor Zell Miller, and in 1994 he was appointed to the United States District Court for the

Middle District of Georgia by President Clinton, as first resident district judge for the Albany

Division. He served as Chief Judge of the Court from 2001 to 2006. Judge Sands was elected as

District Judge Representative for the Eleventh Circuit to the Judicial Conference of the United

States for the term 2012 - 2015. Judge Sands also served on the Judicial Council for the

Eleventh Circuit, serving on the Personnel Committee and the Bankruptcy Committee, which

he chaired.

Judge Sands presently serves as a Trustee for Mercer University and the Walter F. George

School of Law Foundation. He has also served on the boards of numerous civic, charitable,

religious, and business organizations and has received many awards and recognitions,

including Outstanding Alumnus Award, Walter F. George School of Law, Layman of the Year

Award, Sixth Episcopal District (Georgia), AME Church, and Doctor of Laws, the University

of Akron. He is a graduate of both Leadership Macon and Leadership Georgia, and a member

of the initial Board of Directors of the Community Foundation of Central Georgia.

Area(s) of Focus

GOVERNMENT ENFORCEMENT AND INVESTIGATIONS

Biography Experience Insights & Events Accolades

Related Practices

Jack Selden, a partner in the government enforcement and

investigations, litigation and healthcare Groups, has

practiced law for more than 33 years. Previously he served

as both the United States Attorney and as an Assistant U. S.

Attorney for the Northern District of Alabama. While United

States Attorney, he established the Affirmative Civil

Secretary

Tonya Fetner

P: 205.521.8770

tfetner@bradley.com

Birmingham

P: 205.521.8472

F: 205.488.6472

Jack W. SeldenPARTNER

jselden@bradley.com

LITIGATION

HEALTHCARE

ENVIRONMENTAL LAW

COMPLEX BUSINESS LITIGATION

GOVERNMENT CONTRACTS

University of Alabama

School of Law, J.D., 1981

University of Virginia, B.A.,

1978

Education

Licensed In

Admitted In

Professional &

Community

Activities

Enforcement (“ACE”) Unit of the United States Attorney’s

office, responsible for investigating and prosecuting all fraud

and qui tam actions under the False Claims Act. In March

2016, Jack won a summary judgment on behalf of

AseraCare Hospice in a case described by Law360 as

“dealing a blow to the U.S. Department of Justice and

capping one of the most extraordinary court battles in FCA

history." Jack serves as Chairman of the “DOJ Dialogue

Group” committee of the ABA’s Criminal Justice Section,

which meets quarterly with the Attorney General of the

United States and other leadership within the Department of

Justice to discuss criminal justice issues. Jack is a past vice

chair of the ABA Criminal Justice Section.

In the areas of white collar criminal defense, internal

corporate investigations, and corporate compliance, Jack

defends clients accused of criminal violations at the federal

and state levels. He also has extensive experience in

complex civil litigation, including cases arising from federal

fraud investigations under the Federal False Claims Act and

qui tam whistleblower actions. Jack litigates cases involving

healthcare and defense procurement fraud, securities and

financial fraud, FHA mortgage fraud, "off-label"

pharmaceutical matters, and antitrust and environmental

crimes. Jack regularly represents corporate and individual

clients under investigation by the Department of Justice,

various offices of United States Attorney and Inspectors

General, the Securities and Exchange Commission, and the

Department of Defense, as well as various State Attorneys

General.

Jack’s clients include hospitals, home health, hospice, and

other healthcare providers, defense contractors, banks,

manufacturers, and a long list of corporations and

individuals. From a parallel federal criminal investigation and

civil action relating to allegations of a massive financial fraud

to allegations of significant Medicare fraud, pharmaceutical

and securities fraud, his clients rely on his experience and

skillful guidance, as well as his courtroom abilities, to

resolve challenging situations. Jack’s clients include or have

included AseraCare Hospice, Community Health Systems,

HealthSouth Corporation, Golden Living, Raytheon

Company, Chevron, Stifel Financial Corp., Sterne Agee

Group, Inc., Caddell Construction Company, Tenet

Healthcare, McWane, Inc., Centex Corporation, and Charter

Communications.

Practices

Litigation and Dispute Resolution

White Collar Defense and Investigations

Foreign Corrupt Practices Act

Healthcare Fraud and Abuse

False Claims Act Defense

Compliance Services

Healthcare Litigation

Cybersecurity and Privacy

Latin American Investigations

Florida Government Advocacy

Consumer Protection Defense and Compliance

Education

EducationGeorgetown University Law Center, J.D.Georgetown University, A.B., English, History

Bar AdmissionsFloridaDistrict of Columbia

William N. ShepherdPartner

West Palm BeachT 561.650.8338william.shepherd@hklaw.com

Washington, D.C.T 202.663.7234

Profile | Publications | Speaking Engagements

William Shepherd is a trial lawyer in Holland & Knight's West Palm Beach and Washington, D.C., offices. Mr. Shepherd, who also serves as executive partner of the firm's West Palm Beach office, represents clients involved in civil and criminal government investigations. He also assists the general counsel of public and privatecompanies in conducting sensitive internal investigations and compliance matters. In addition to his enforcement practice, Mr. Shepherd handles complex civil litigation in related subject matters. Prior to joining the firm, Mr. Shepherd served, at the appointment of the attorney general, as the statewide prosecutor of Florida and earlier in his career, as a prosecutor in Miami, Florida.

In Chambers USA – America's Leading Business Lawyers 2013 guide, Mr. Shepherd was described as "first and foremost he has great judgment and a far greater sense of the bigger picture. He is not drawn in to unnecessary conflicts or fights if they do not serve the client." The 2015 guide includes “Bill Shepherd is a very strong lawyer, say market sources. He focuses on False Claims Act cases, internal investigations andcriminal proceedings.”

Mr. Shepherd was elected to serve as chair of the 20,000 member Criminal Justice Section of the American Bar Association and served as a member of its Global Anti-Corruption Task Force and as division director of its White Collar Crime Division.

White Collar Defense and Investigations

Mr. Shepherd has represented individuals and companies targeted for investigation and prosecution at the local, state and federal level. He has been engaged to represent individuals in complex international matters prosecuted by multiple U.S. Attorney's Offices and other matters prosecuted by the Fraud Section, Antitrust Division and Tax Division at the U.S. Department of Justice as well as matters investigated by the Securities and Exchange Commission.

Attorney General Practice

As a seven year veteran of the Florida Attorney General's Office and a former Division Director of the Year, Mr. Shepherd brings a great depth of knowledge and appreciation for the pitfalls, both civil and criminal, facing clients under investigation by state attorneys general.

In private practice, Mr. Shepherd has assisted Fortune 500 companies and family-

owned businesses to resolve matters with state attorneys general, including

qui tam litigation

consumer fraud and trade practices

environmental compliance and violations

healthcare/Medicaid Fraud Control Units (MFCU)

Internal Investigations

Given Mr. Shepherd's broad experience as a prosecutor directly handling and supervising hundreds of proactive investigations, he is regularly called upon by general counsel to handle and manage complex internal investigations. In the last several years, Mr. Shepherd has been retained by companies, their boards or specialinvestigative boards, in both public and private settings, to handle investigations in the following areas:

Foreign Corrupt Practices Act (FCPA)

cybercrime and data breaches

human trafficking and supply chain issues

theft and embezzlement

securities fraud insider trading

bank fraud and board self-dealing

university procurement and contracting

employee misconduct – financial misconduct and sexual misconduct

sports industry investigations

Civil Litigation

Mr. Shepherd's broad trial experience makes him well suited to assist clients in large-scale civil litigation. Having tried more than 40 jury trials to verdict, Mr. Shepherd is highly knowledgeable in the dynamics of trial work and based on his deep experience in this area, he was asked to write the introduction to Trying Cases to Win, a seminal work in the field that was updated in October 2013; it is used by lawyers and law professors around the country. As a former member of The Florida Bar Rules Committee, he also has a deep understanding of the academic aspect of the practice and how to maximize ways to be most effective.

Compliance Training

Realizing that most corporate actors understand that good ethics and compliance make for good business, Mr. Shepherd regularly meets with clients to update their existing compliance programs and to train global sales staff to assure that problems are avoided before they are created. Few things hinder corporate growth more than an employee or division looking for short-term progress by cutting corners on safety or regulatory compliance.

EDWARD J. TARVER UNITED STATES ATTORNEY

SOUTHERN DISTRICT OF GEORGIA

Edward J. Tarver was nominated by President Barack Obama to be the 48th United States Attorney for the Southern District of Georgia, on September 17, 2009. Following unanimous consent of the United States Senate, Mr. Tarver was formally appointed by President Obama and sworn in as the United States Attorney on November 12, 2009. Mr. Tarver is the first African-American United States Attorney in the 226 year history of the Southern District of Georgia.

Mr. Tarver received a B.A. in Political Science from Augusta College (presently Augusta University) in 1981. After obtaining his B.A., he entered the United States Army and served for seven years as a Field Artillery Officer attaining the rank of Captain. Mr. Tarver then attended the University of Georgia School of Law, where he earned his J.D. degree in 1991. Following graduation he served as a judicial law clerk to the Honorable Dudley H. Bowen, Jr., former Chief Judge of the U.S. District Court, Southern District of Georgia. Mr. Tarver entered private practice in 1992 as an associate with Hull, Towill, Norman and Barrett (presently Hull Barrett). He became a partner in the firm in 1999, practicing general civil litigation with an emphasis on employment discrimination law.

In 2005, Mr. Tarver was elected to the Georgia General Assembly representing State Senate District 22. As a Georgia State Senator, he held the position of Secretary of the Banking and Financial Institutions Committee and served on the Appropriations, Economic Development, Government Oversight, Military Affairs and Special Judiciary Committees. Mr. Tarver also served on the Criminal Justice, Judicial and Public Safety Subcommittees to Appropriations, and on the Joint Economic Development Subcommittee of Regulatory Reform. He was reelected in 2006 and again in 2008.

Mr. Tarver has been, and continues to be, a committed member, supporter and contributor to the NAACP. In 2008 he received the Branch President’s Award in recognition of his selfless support of the Augusta Branch of the NAACP. Additionally, in 2008 the Augusta Branch of the NAACP

honored Mr. Tarver by presenting him with the Drum Major for Justice Award in appreciation for his dedicated support of the NAACP’s mission.

Mr. Tarver also serves on the Court Advisory Committee for the U.S. District Court, Southern District of Georgia. He is an active member of the State Bar of Georgia as well as the Augusta and Savannah Bar Associations. He previously served on the Executive Committee, the Law Day Committee and the Admissions Committee of the Augusta Bar Association. Mr. Tarver has also presented instructional materials on professionalism across Georgia at State Bar-sponsored Continuing Legal Education seminars.

In the past, Mr. Tarver has served as Chairman of the Augusta Metro Chamber of Commerce, President and Chairman of the Board of Trustee of the Leadership Georgia Foundation, Chairman of the Leadership Augusta Board, President of the Academy of Richmond County Boosters Club, Chairman of the St. Johns’ Towers Advisory Board, President of the Augusta Technical College Board of Directors, President of the East Georgia Easter Seals Society, and as a member of the Board of Trustees of the Episcopal Day School in Augusta. He was the chairman of the Coastal Georgia Combined Federal Campaign in 2012 and remains an active member of the Local Federal Coordinating Committee. Mr. Tarver is a board member of the Augusta Chapter of the American Red Cross and a member of the Exchange Club of Augusta. He serves on the Attorney General Advisory Committee’s Controlled Substances and Asset Forfeiture Working Group, the Civil Rights Subcommittee and the White Collar/Fraud Subcommittee. He is also an active member of the Department of Justice’s Racial Disparities Working Group.

Mr. Tarver previously served as a Director of the Georgia Bank and Trust Company, Pro Assurance (formerly Georgia Lawyers Insurance Company), Southeastern Natural Sciences Academy, Trinity Hospital of Augusta (Advisory) and the Georgia Chamber of Commerce. He is the recipient of the 1995 Alvin W. Vogtle Volunteer of the Year Award, the 1996 Fran Upton Volunteer Award (Easter Seals) and the 2002 Leadership Augusta Community Service Award. He is also an active member of the Psi Omega Chapter of the Omega Psi Phi Fraternity Inc. and the Alpha Mu Boulé of the Sigma Pi Phi Fraternity, where he formerly served as chairman of the Isiah and Justine Washington Scholarship Foundation. Mr. Tarver earned the 100 Black Men of Augusta 2007 Outstanding Community Service Award, and was honored by Augusta State University as the recipient of the 2007 Golden Key Award. He was named the 2008 Citizen of the Year by the National Association of University Women (Augusta Chapter), and was a recipient of the 2011 Distinguished Alumnus Award from Augusta State University.

Mr. Tarver has two children, Edward, Jr., an attorney practicing in Atlanta, Georgia and Beverly Elizabeth, a first year law student at the University of Georgia.

Andrew Tomback Partner, New York

T +1 212 819 8428E andrew.tomback@whitecase.com

Clients benefit from Andrew Tomback’s experience spanning more than 25 years drawn from serving in the public sector, as corporate counsel and in private practice.

Overview

Andrew Tomback is a partner in the Global Commercial Litigation Group and is based in the New York office. He focuses his practice on litigations and investigations involving federal securities laws, complex litigation and the

Biography

Foreign Corrupt Practices Act. Andrew has over 25 years of experience drawn from business, private practice and government service. He handles a full range of civil and criminal litigation before the courts, US Securities and Exchange Commission and various other regulators.

Before entering private practice, Andrew was deputy general counsel of the Resolution Trust Corporation, where he managed several hundred attorneys handling federal savings and loan resolutions. He also served as senior advisor to the Under Secretary for Enforcement at the US Department of the Treasury. Earlier in his career, he served as an Assistant US Attorney in the criminal division of the US Attorney’s Office for the Southern District of New York, where he conducted grand jury investigations and prosecuted criminal cases, concentrating on complex securities frauds, including stock manipulations, insider trading, international tax evasion enterprises and penny stock schemes. He tried 12 cases, all to conviction, and successfully argued over a dozen appeals. Andrew also clerked for the Honorable Stanley Sporkin of the US District Court for the District of Columbia.

Prior to joining White & Case, Andrew was senior vice president and general counsel at Scientific Games Corporation where he secured a favorable resolution of the company’s largest exposure. Andrew also practiced litigation at another global law firm.

Bars and Courts

New York State Bar

District of Columbia Bar

US Court of Appeals for the Second Circuit

US District Court for the Southern District of New York

England and Wales (Registered Foreign Lawyer)

Education

JD, Yale Law School, 1986

BA, Yale University, summa cum laude, Phi Beta Kappa, 1982

227 West Trade StreetCharlotte , NC 28202 Tel +1 704 348 5222 anne.tompkins@cwt.com

T.+1 202 862 2496700 Sixth Street, N.W.Washington, DC 20001

Anne M. Tompkins Partner - Charlotte, Washington

Practice Areas

Corporate Governance

Cyber and National Security

False Claims Act

Financial Regulation

Fintech

Health Care

Health Care Fraud Strike Force

Litigation

Securities Enforcement & Investigations

Sports Law

White Collar Defense and Investigations

Education

University of North Carolina School of Law -

Profile

Anne M. Tompkins is a partner in the firm's White Collar Defense and Investigations Group, resident in the Charlotte, N.C. and Washington, D.C. offices. Her practice focuses on representing companies and financial institutions, as well as their officers and directors in criminal, civil, and administrative investigations. She has extensive experience in crisis management, internal investigations, and enforcement matters across a variety of industries, including financial services, telecommunications, pharmaceutical/healthcare, and government contracting.

Anne was the United States Attorney for the Western District of North Carolina from April 2010 to March 2015. She led numerous high-profile, complex criminal and civil investigations during her tenure, including a public corruption case involving the former mayor of Charlotte, the national security case against former general and CIA Director David Petraeus, numerous securities and financial fraud cases, as well as significant matters in the mortgage-backed securities business. Anne served on the Attorney General’s Advisory Committee, which acts on behalf of all of the other U.S. Attorneys in providing advice and counsel to the Attorney General. Anne was appointed Co-Chair of the Civil Rights Subcommittee and was an active member of the Health Care Fraud and White Collar Crime Subcommittees, giving her insight into the priorities and decision-making processes at the highest levels of the Department of Justice.

Prior to her recent service as U.S. Attorney, Anne was a partner in the white collar defense practice of a national law firm. In her over 20 years’ experience in government and private practice, Anne has tried more than 30 cases to verdict, and successfully represented clients in

University of North Carolina at Chapel Hill -

University of North Carolina at Charlotte -

among other matters, investigations involving the mortgage practices of a national homebuilder, Medicare reimbursements to a cardiac care hospital, and anti-kickback and reimbursement compliance at a national dialysis services provider. In addition, she has represented individuals in criminal investigations, including securities fraud, public corruption, and off-label marketing.

Anne also served as an Assistant U.S. Attorney in the Western District of North Carolina, during which time she was detailed for eight months to the Regime Crimes Liaison Office in Baghdad, Iraq, where she assisted the Iraqi Special Tribunal investigation into international humanitarian crimes committed by members of the regime of Saddam Hussein.

Anne was an adjunct professor at the Charlotte School of Law, teaching Criminal Procedure and White Collar Crime. She received her law degree from the University of North Carolina School of Law. She received a Master of Public Administration degree from the University of North Carolina at Chapel Hill, and a Bachelor of Arts from the University of North Carolina at Charlotte.

Amy Weil

Amy Levin Weil served for 25 years as a federal prosecutor in the United States Attorney's Office for the Northern Districtof Georgia, United States Department of Justice. For 18

years, from 1990-2008, she served as Chief of the Appellate Division, supervising the

appellate work of over 70 lawyers. From 1992-95, Ms. Weil served as Senior Litigation Counsel; from 1987-1993 she prosecuted a widerange of violent crime and drug cases in the

General Crimes Sectionof the Criminal Division; and from 1983-1987 she represented the United

States in civil litigation as an Assistant United States Attorney in the Civil Division.

Ms. Weil has argued and briefed hundreds of cases before the Eleventh Circuit Court of Appeals, five of which she argued before the full court sitting en banc. Valued for her experience,

Ms. Weil was appointed by the Attorney General of the United States to serve on the Department of Justice's Appellate Chiefs Working Group (ACWG), which advises the Attorney General

on appellate matters and helps shape legal positions for the Department of Justice. Ms. Weil

served on the ACWG from 2003 until 2008. In 1999, Ms. Weil received the highest honor awarded

by the Executive Office for United States Attorneys, the Department of Justice Director's Award, in recognition of her appellate work. In 2008, 2009, 2012, and 2013, Ms.Weil was named

a Georgia Super Lawyer in appellate law by Atlanta Magazine, and was named a Georgia Trend 2012 Legal Elite.

Ms. Weil also has been an active member of the appellate bar. In 1998, she was appointed by the

Chief Judge of the United States Court of Appeals for the Eleventh Circuit to serve on the

Eleventh Circuit Lawyers Advisory Committee (LAC), which advises the Court on

proposed rules of practice. Ms. Weil served on the LAC for nine years, the last four years as Chair

of the Committee. Currently, Ms. Weil is the Chair-elect of the Appellate Practice Section of the State Bar of Georgia. Ms. Weil was instrumental in establishing and organizing the

Eleventh Circuit Appellate Practice Institute (ECAPI), a biennial appellate seminar

sponsored by the Appellate Practice Sections of the Alabama, Florida and Georgia Bar

Associations.

Ms. Weil also has been active in local bar and community activities. Since 2002, Ms. Weil has

served on the Executive Committee of the Atlanta Chapter of the Federal Bar Association,

and served as the Chapter's President from 2006-2007. She served from 2005-2007 as a member

of the Emory University Board of Governors, and since 2003 has served on the Emory University Law School Advisory Board (formerly the Law School Council), which advises the

Dean of the Law School. She served from 1993-2001 as a member of the Executive Committee of

the Emory Law Alumni Association (ELAA), and served as President of the ELAA from 2002-

2003. Ms. Weil is active with the Atlanta Legal Aid Society, and is a member of the Lawyer's Club of Atlanta, the Eleventh Circuit Historical Society and the United States Supreme Court Historical Society.

Ms. Weil has authored several articles on appellate practice, criminal law and sentencing, and is a

frequent speaker.

Joe D. Whitley chairs the Firm's Government Enforcement and Investigations Group. He represents clients nationally and internationally in white collar criminal matters and regulatory enforcement, corporate internal investigations, Foreign Corrupt Practices Act (FCPA) and U.S. export controls and compliance. He also advises clients on corporate compliance, health care fraud and FDA-related matters.

Joe has had a wide-ranging career in the Department of Justice. During the Ronald Reagan and George H.W. Bush administrations, Joe served as the Acting Associate Attorney General, the third-ranking position at Main Justice in the Department of Justice. He was appointed by Presidents Reagan and Bush, respectively, to serve as the United States Attorney in the Middle (Macon) and Northern (Atlanta) Federal Districts of Georgia. Throughout his career, Joe served under five United States Attorneys General and four Presidents in a number of key operational and policy positions. Earlier in his career, he served as an Assistant District Attorney in the Chattahoochee Judicial Circuit in Columbus, Georgia.

In 2003, Joe was appointed by President George W. Bush as the first General Counsel of the United States Department of Homeland Security (DHS), the highest ranking legal official in DHS. He held that position for two years working for Secretary Tom Ridge and Secretary Michael Chertoff, before his departure and return to private practice. Joe continues to have a Homeland Security practice and he has chaired the ABA's Administrative Law & Regulatory Practice Homeland Security Law Institute for the last nine years.

Corporate defense and representation of clients in complex civil and criminal enforcement matters brought by the Department of Justice, other federal agencies, State Attorneys General and local prosecutors are the focus of Joe Whitley's practice. Joe has represented numerous individuals and corporations in major government investigations throughout the United States and internationally. He is a frequent speaker and lecturer on white collar, compliance and corporate governance issues.

Representative Matters

White Collar Defense

● Represented numerous clients regarding bid rigging and kickback investigation by the Department of Justice.

● Defended U.S. publicly traded chemical company in a major environmental criminal investigation convincing the government that no criminal charges should be filed against the company.

● Served as primary outside counsel for Homeland Security advice for major chemical company.

● Representation of health care providers, hospitals, pharmaceutical companies/labs, etc. in qui tam Civil False Claims Act (FCA) investigations.

● Representation of Urocor in FCA case – U.S. ex rel. Worner v. Urocor, Inc.

● Represented public school system in an internal investigation of land purchase practices.

● Defended metal manufacturer against alleged violations of The Resource Conservation Recovery Act (RCRA).

ShareholderMonarch Plaza 3414 Peachtree Road, N.E. Suite 1600 Atlanta, Georgia 30326

T: 404.223.2209 F: 404.238.9799

jwhitley@bakerdonelson.com

Joe D. Whitley

● Defended municipal waste water utility in Clean Water Act (CWA) investigation.

● Defended Middle East-based company regarding alleged criminal and civil wrongdoing regarding U.S. government procurement.

● Defended former NBA athlete in a grand jury investigation and criminal RICO matter regarding allegations of money laundering.

● Represented corporate employees in a FCPA investigation.

● Representation of corporate employee in a criminal antitrust market allocation conspiracy investigation.

● Represented major food manufacturer regarding FDA violations in an FDA and DOJ criminal investigation of salmonella poisoning.

● Represented several individuals in Presidential pardon matters.

● Represented client in a grand jury investigation handled by the Antitrust Division of DOJ regarding the antitrust and FCPA conduct of one of the world's leading tire and rubber companies.

● Defended chiropractor in criminal investigation of billing practices to Medicare and Medicaid.

● Represented major insurance carrier in criminal grand jury investigation of commissions reporting practices and disclosure to customers.

● Represented City of Boulder, Colorado – Wolf v. Ramsey

● Assisted one of the most renowned suppliers of corporate eLearning and eTraining content within German-speaking countries with Web-based training support on FCPA.

● Following Hurricane Katrina, represented a major university in business continuity issues and coordination with FEMA to insure full recovery.

● Advised poultry company targeted in an ICE raid for immigration violations.

● Worked with a number of public companies to structure and conduct internal investigations.

Homeland Security Experience

● General Counsel for the Department of Homeland Security (DHS), and responsible for providing legal advice to more than 180,000 employees of the Department.

● Responsible for directing the creation of a single legal department from the legal departments of the 22 agencies that were combined in the formation of DHS.

● Responsible for supervision of a total of 1,800 plus lawyers in agencies, directorates and offices, including attorneys in the following components, as these components were configured in 2006, of DHS:

❍ U.S. Secret Service (USSS);

❍ U.S. Coast Guard (USCG);

❍ Transportation Security Administration (TSA);

❍ U.S. Citizenship and Immigration Services (CIS);

❍ U.S. Customs and Border Protection (CBP);

❍ Federal Emergency Management Agency (FEMA);

❍ Federal Law Enforcement Training Center (FLETC);

❍ U.S. Immigration and Customs Enforcement (ICE);

❍ The Directorates for Border and Transportation Security;

❍ Information Analysis and Infrastructure Protection (IAIP);

❍ Emergency Preparedness and Response and Science and Technology (PRST); and

❍ The Offices for Privacy, Civil Rights and Civil Liberties.

● Responsible for a budget in excess of $10 million in the front office of General Counsel.

● Provided legal assistance to Secretary Tom Ridge and Secretary Michael Chertoff on key legal issues, such as:

❍ Worked closely with General Counsel counterparts throughout the federal government at the White House, Departments of Justice; State, Treasury, Defense and other agencies to include

the coordination of counterterrorism and federal law enforcement initiatives;

❍ Responsible for responding to frequent Congressional inquiries, and the timely proposal and adoption of hundreds of regulations;

❍ Provided guidance and input to staff attorneys representing the department in litigation on a variety of matters; and

❍ Worked closely with the Office of the Inspector General in conducting reviews of various department programs and responding to issues raised by those reviews.

Private Sector Homeland Security Experience

● Provides counsel to major corporations on public policy and legislative issues, such as: ❍ Chemical Facility Anti-Terrorism Standards (CFATS) implementation;

❍ SAFETY Act applications for certification and designation by DHS;

❍ Disaster recovery and forward-looking mitigation strategies;

❍ Cyber-security and critical infrastructure protection;

❍ Immigration compliance;

❍ Customs and trade compliance;

❍ Laws and regulations affecting all segments of the transportation industry; and

❍ Vulnerability assessments for members of the energy sector to include the broad spectrum of environmental regulations.

● Assisted in Homeland Security consultation and internal investigations for major U.S. defense contracting company.

● Assist companies with government procurement and contracting issues with DHS. 

Prosecution Experience

● Assistant District Attorney

● U.S. Attorney for the Northern District of Georgia

● U.S. Attorney for the Middle District of Georgia

● Deputy Assistant Attorney General Criminal Division

● Principal Deputy Associate Attorney General

● Acting Associate Attorney General

Lisa Godbey Wood is the Chief Judge of the United States District Court for the Southern District of Georgia. She was sworn in as Chief in 2010. In 2007, she was confirmed as a District Judge. She served as the United States Attorney for the Southern District of Georgia from 2004-2007. Prior to that time, she tried cases for fourteen years. She is a 1990 summa cum laude graduate of the University of Georgia School of Law and was First Honor Graduate of the University of Georgia as an undergraduate in 1985.

Lisa Godbey Wood