White Collar Criminal Defense

Marcus Asner is a litigator in Arnold & Porter's New York Office. An experienced trial lawyer, Mr. Asner handles a wide range of complex criminal and civil litigation matters. Mr. Asner has extensive experience with criminal investigations and prosecutions involving alleged violations of the Foreign Corrupt Practices Act (FCPA), and cases involving financial fraud and money laundering, healthcare fraud, cyber crime, corporate espionage, data breaches, tax fraud, public corruption, scientific misconduct, and environmental and wildlife crime. Mr. Asner's civil litigation practices includes complex commercial and trade secret disputes, and expedited litigation matters in both federal and state courts.

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.

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.

White Collar Criminal Defense Representative Matters

Government Investigations

• Representing Fortune 500 company in connection with an FCPA investigation involving the company's activities in over fifteen countries in Europe, the Middle East, and Central America.  Mr. Asner leads the company's ongoing cooperation with authorities in the US, the UK and Austria. 
• Representing 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.
• Representing information technology company in connection with a False Claims Act investigation being conducted by the United States Attorney’s Office for the Southern District of New York.
• Representing Fortune 100 company in investigation arising out of a theft of the company’s trade secrets.
• Representing New York area hospital provider in connection with a health care fraud and public corruption investigation being conducted by the United States Attorney’s office for the Eastern District of New York.
• Representing 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.
• Representing founding members of an offshore internet gambling firm in connection with an ongoing investigation being conducted by the Department of Justice.

Litigation

• Reckitt Benckiser v. Motomco Ltd. - Trial counsel for plaintiff in Lanham Act false advertising case involving competing rodenticide products d-Con and Tomcat; obtained preliminary and permanent injunction.
• 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.
• 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. 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.

Environmental/Wildlife Crime

• Assist multiple clients with Lacey Act compliance investigations and compliance issues.
• 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. Successfully argued government appeal of district court's order denying restitution to South Africa, resulting in a groundbreaking court of appeals decision on the rights of victims of environmental crime.  United States v. Bengis et al., 07-4895-cr 2d Cir. (Jan. 4, 2011).

Government Investigations

• Representing Fortune 500 company in connection with an FCPA investigation involving the company's activities in over fifteen countries in Europe, the Middle East, and Central America.  Mr. Asner leads the company's ongoing cooperation with authorities in the US, the UK and Austria. 
• Representing 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.
• Representing information technology company in connection with a False Claims Act investigation being conducted by the United States Attorney's Office for the Southern District of New York.
• Representing Fortune 100 company in investigation arising out of a theft of the company's trade secrets.
• Representing New York area hospital provider in connection with a health care fraud and public corruption investigation being conducted by the United States Attorney's office for the Eastern District of New York.
• Representing 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.
• Representing founding members of an offshore internet gambling firm in connection with an ongoing investigation being conducted by the Department of Justice.

Litigation

• Reckitt Benckiser v. Motomco Ltd. - Trial counsel for plaintiff in Lanham Act false advertising case involving competing rodenticide products d-Con and Tomcat; obtained preliminary and permanent injunction.
• 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.
• 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. 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.

Environmental/Wildlife Crime

• Assist multiple clients with Lacey Act compliance investigations and compliance issues.
• 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. Successfully argued government appeal of district court's order denying restitution to South Africa, resulting in a groundbreaking court of appeals decision on the rights of victims of environmental crime.  United States v. Bengis et al., 07-4895-cr 2d Cir. (Jan. 4, 2011).

New York Super Lawyers 2010-12

Director’s Award, US Department of Justice, Executive Office for United States Attorneys (EOUSA), October 2007, for the successful investigation and prosecution of one of the largest identity theft cases in US history. The Director’s Award was one of 132 awarded nationwide and is the highest award bestowed by EOUSA.

Certificate of Commendation, US Department of Justice, Environment and Natural Resources Division, September 2004, for handling the successful investigation and prosecution of an international scheme to smuggle into the US massive quantities of illegally harvested lobster and Chilean sea bass.

Professional Activity

• Federal Bar Council

• New York City Bar Association

• New York County Lawyers' Association