Practice Focus

Marcus Asner is a partner in the white collar criminal defense practice group. His practice encompasses international and domestic criminal investigations and prosecutions, including complex business fraud cases, cases involving allegations of bank fraud, healthcare fraud, money laundering, accounting fraud, and securities fraud, and matters involving alleged violations of the Foreign Corrupt Practices Act (FCPA). He also handles complex civil litigation, including commercial, antitrust, and trade secret disputes. Mr. Asner has extensive experience in computer law and intellectual property disputes and investigations, criminal tax investigations and litigation, and public corruption investigations and prosecutions. He also has experience working closely with over a dozen law enforcement agencies, including the Federal Bureau of Investigation, the United States Secret Service, the Department of Homeland Security, Immigration and Customs Enforcement, the United States Postal Inspection Service, the Internal Revenue Service, and the United Kingdom's Serious Fraud Office, among others, both in the United States and abroad.

Prior to joining Arnold & Porter LLP, 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 Unit for two years (2007-2009). At the US Attorney's Office, Mr. Asner managed more than 200 criminal investigations and prosecutions, conducted over 15 trials, 20 appeals, and numerous evidentiary hearings. As Chief, he supervised 15 to 20 Assistant United States Attorneys involved in complex financial investigations and prosecutions.

He has experience in the prosecution of individuals and organizations involved in environmental and wildlife crime and art and antiquities fraud, and served as the bankruptcy fraud coordinator for the Southern District of New York. In private practice, he has handled expedited litigation matters in Delaware Chancery Court, and has worked on key securities fraud and antitrust actions, as well as complex commercial, healthcare, trade secret, and patent litigation.

Mr. Asner received his JD, cum laude, from the University of Michigan Law School in 1992, where he was Executive Editor of the University of Michigan Journal of Law Reform; he received an MS in mathematics from the University of Michigan Rackham Graduate School; and an AB in physics, with honors, from the University of Chicago.

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 is a frequent speaker and panelist on FCPA, money laundering, identity theft, and other federal issues. Most recently, Mr. Asner was a guest speaker at the UK's Serious Fraud Office, lecturing on the US approach to cooperation and self reporting.

Representative Matters

Complex Financial Crimes/Money Laundering

• United States v. Narendra Rastogi et al. (Allied Deals)-Headed investigation and prosecution of complex international bank fraud and money laundering scheme arising out of metals trading industry with losses of over US$680 million to 20 banks worldwide. 14 defendants convicted in United States; five convicted after trial before the Honorable Richard M. Berman. Successfully argued appeal. Worked closely with the United Kingdom's Serious Fraud Office, assisting with the UK's parallel investigation and prosecution, including by testifying at trial in London.
• United States v. Michael Reddy et al. (EDS case)-Lead prosecutor in trial of complex Wall Street corporate fraud scheme with losses of approximately US$60 million to Electronic Data Systems Corporation and a number of states. Two remaining defendants convicted after an 11-week trial before the Honorable Laura Taylor Swain. Successfully argued appeal, which resulted in seminal opinion on victims' rights to restitution for expenses incurred in connection with investigation and prosecution. United States v. Amato, 540 F.3d 153 (2d Cir. 2008). 
• United States v. Edward Goykhman-Prosecuted international wire fraud case involving multimillion dollar scheme to steal from a Ukrainian airline engaged in providing air services support to United Nations peacekeeping missions. Coordinated with experts on Ukrainian banking law. Defendant convicted after three-week trial before the Honorable Richard Owen. Successfully handled appeal.
• United States v. Victor Einhorn et al.-Prosecuted large, complex credit theft ring, successfully establishing that the ring stole over US$8 million from airlines, leasing companies, and credit card companies. Most defendants, including Einhorn, pleaded guilty in advance of trial, and were sentenced to lengthy terms of imprisonment following significant sentencing litigation. Convicted two defendants after a four-week trial before the Honorable Barbara S. Jones. Convictions upheld on appeal. 

Foreign Corrupt Practices Act

• Representing large US company in an internal investigation into possible violations of the FCPA in Europe and the Middle East.
• Representing former official of a foreign subsidiary of a US corporation in an FCPA investigation.

Healthcare Fraud

• Representing New York area medical equipment provider in investigation handled by the US Attorney’s Office for the Eastern District of New York.
• United States v. Carol Peirce-Lead prosecutor in investigation and prosecution of the former Director of the Women, Infants, and Children (WIC) program at New York-Presbyterian Hospital in a multifaceted scheme to defraud the WIC program and the New York State Department of Health. Defendant convicted after trial and sentenced to 87 months in prison by United States District Judge Richard J. Sullivan.
• United States v. Michael Brumer and Lawrence Klein et al.-Handled appeal and supervised sentencing’s in large, complex Medicare fraud scheme.
• United States v. Rosa et al.-Lead prosecutor in investigation and prosecution of large pharmaceutical diversion scheme operated out of pharmacies in northern Manhattan.

Securities and Business Litigation

• Galil Medical Ltd. v. Endocare, Inc. and Galil Medical Ltd.v. HealthTronics Inc.-Headed team in successful representation of Galil Medical in expedited merger-related litigation in Delaware Chancery Court.
• E.I. DuPont De Nemours & Co. Benlate Securities Litigation-Part of team in this securities fraud litigation arising out of a series of products-liability suits brought against DuPont. Worked closely with economics experts on issues relating to causation and damages.
• Kowal v. International Business Machines Corporation (IBM Securities Fraud Litigation)-Worked on this large securities fraud action arising out of IBM's 1993 decision to cut its dividend. Assisted in preparing successful summary judgment and appellate briefing.
• In re Mid-American Waste Systems Inc. Securities Litigation-Part of team that successfully represented a large brokerage house in this securities action arising out of the bankruptcy of Mid-American Waste Systems Inc.

Computer Crime/Data Security

• Represent internet gambling companies on matters concerning US criminal law and enforcement.
• Representing large US company in connection with theft of employee benefits data.
• United States v. David Copeland Reed (OSGold/OSOpps Ponzi scheme)-Prosecuted international, Internet-based Ponzi scheme arising out of "OSGold," a company which held itself out as an on-line "bank" that could provide customers with Internet banking services purportedly backed by gold bullion reserves. Defendant arrested in February 2009, and charged with conspiracy to commit money laundering and wire fraud. Case pending.
• The Philip Cummings Identity Theft Investigation-Led investigation and prosecutions of fraud ring involved in stealing identities of approximately 30,000 known victims, resulting in estimated losses of over US$100 million. Investigation led to 21 convictions, with last defendant pleading on the morning of trial. Engaged in lengthy evidentiary hearing addressed to sentencing. Successfully defended sentencing and convictions on appeal, leading to noted opinion bearing on myriad sentencing issues. United States v. Abiodun, 536 F.3d 162 (2d Cir. 2008).
• The BetOnSports Identity Theft Investigation-Led investigation and prosecutions of international identity theft ring engaged in stealing identity and credit information. Investigation led to arrest and conviction of six ring members, including insider who stole the identity information through work at the credit department of BetOnSports.com in Costa Rica.
• The New York-Presbyterian Hospital Identity Theft Investigation-Supervised a team of Assistant US Attorneys and agents in an investigation and prosecution of alleged theft and sale of approximately 49,000 patient records.

Intellectual Property

• United States v. Michael Chu et al.-Directed team of Assistant US Attorneys and agents in investigation and prosecution of scheme to smuggle over US$200 million worth of counterfeit merchandise (over 100 containers) into the United States through Port Elizabeth, New Jersey. Eleven defendants arrested and have pleaded guilty.

Corporate Prosecutions

• Bank of New York Matter-Supervised non-prosecution agreement with bank arising out of investigation into alleged money laundering activities.
• United Bank For Africa Matter-Supervised money laundering investigation and negotiations with bank, resulting in non-prosecution agreement.

Public Corruption

• United States v. Mark Marcucilli et al.-Led corruption investigation into activities of official with the New York State Division of Housing and Community Renewal. All defendants convicted.
• United States v. Jimmie Ortega et al.-Headed investigation and prosecution of high-level United States immigration officials engaged in selling United States citizenship to aliens. 10 defendants arrested and convicted.

Wildlife/Environmental Crime

• United States v. Arnold Bengis et al.-Headed investigation and prosecution of international scheme to smuggle into the United States illegally harvested Chilean sea bass and rock lobster in violation of the Lacey Act. Worked closely with South African authorities on parallel investigation and prosecutions. Five arrested in the United States; all pleaded guilty, and the main defendants were sentenced to significant terms of imprisonment. Recovered US$7.4 million in forfeiture.