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

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

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

Mr. Asner serves on the President's Advisory Council on Wildlife Trafficking.

Experience

  • Fortune 500 company in an FCPA investigation involving the company's activities in more than 15 countries in Europe, the Middle East, and Central America. Mr. Asner leads the company's ongoing cooperation with the US Department of Justice (DOJ), the Securities & Exchange Commission (SEC), the UK Serious Fraud Office (SFO) and Austrian authorities.
  • Major South African financial institution in an FCPA investigation involving alleged bribery in connection with a tender to provide payment services to South African social grant beneficiaries. Coordinating company's cooperation with the DOJ and the SEC.
  • New York-area community hospital in a political corruption and health care fraud investigation being conducted by the United States Attorney's office for the Eastern District of New York.
  • Major luxury goods retailer in connection with embezzlement of millions of dollars in merchandise by former executive. Coordinated with law enforcement in investigation and prosecution, leading to arrest of former employee, followed by guilty plea and agreement to pay restitution to client.
  • Multiple employees of major financial institution in connection with ongoing DOJ and SEC investigation into institution's hiring practices in China.
  • Insurance company in a corruption investigation and prosecution involving New York State Senator Carl Kruger. Successfully obtained restitution for client, including legal fees incurred in assisting in the investigation and prosecution.
  • Major European insurance company in an FCPA investigation involving alleged bribery to win contracts in Indonesia. Successfully led company's cooperation with the DOJ and SEC, leading to declination from the DOJ and a favorable settlement with the SEC.
  • Fortune 100 company in prosecution arising out of a theft of the company's trade secrets. Worked closely with US Attorney's Office and FBI in investigation of former employee responsible for theft, leading to employee's conviction and payment of pay restitution to client for expenses incurred in investigation and prosecution.
  • Multiple clients in connection with ongoing regulatory inquiries into virtual currency businesses.
  • Multiple clients in connection with data breaches, including investigating and helping halt the impact of the breach, interfacing with law enforcement authorities, assisting with federal, state and EU victim notification requirements, and defending subsequent civil litigation.

Perspectives

New Cybersecurity Rules May Apply Imminently to a Wide Range of Financial Services Firms in New York State
Arnold & Porter Advisory
New York’s New AML Rule: Strategic Considerations and Alternatives
Arnold & Porter LLP
Protecting Wildlife - A Look at US and International Laws
PBI's 13th Annual Animal Law Conference 2016 (Philadelphia, Simulcasts, Live Webcast), Philadelphia, PA
Global Anti-Corruption Insights: Summer 2016
Update on Recent Enforcement, Litigation, and Compliance Developments
Data Security Roundup – August 2016
A publication of the Privacy and Data Security Team
More

Recognition

The Legal 500 US 2015-2016: Technology: Data Protection and Privacy
The Legal 500 US 2013-2016 for White-Collar Criminal Defense
Chambers USA: America's Leading Lawyers for Business 2013-2016 for Litigation: White-Collar Crime & Government Investigations (New York)
More

Credentials

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

  • Advisory Council to the Presidential Task Force on Wildlife Trafficking

  • Advisory Council, Wildlife Justice Commission

Overview

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