As co-chair of the firm's White Collar Defense & Investigations practice, Marcus Asner draws on his extensive federal government experience and trial work to represent clients in complex criminal and civil litigation and investigations across a wide range of industries. He wins widespread praise from clients, one of whom describes him as "an extraordinarily knowledgeable lawyer with formidable expertise and an extremely practical approach." Mr. Asner's white collar practice includes matters involving alleged violations of the FCPA, and cases involving cross-border disputes and investigations, allegations of money laundering, art fraud, healthcare fraud, cybercrime, data breaches, tax fraud, public corruption, and environmental crime. His civil litigation practice includes complex commercial and cross-border disputes, and expedited litigation matters in both federal and state courts. He also routinely advises clients on anti-corruption, supply chain and cyber security compliance issues.

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 Lawyers Council of the Citizens Crime Commission of New York City and on the Wildlife Justice Commission's Advisory Council. From 2013 to 2016, he served on the President's Advisory Council on Wildlife Trafficking.

Experience

  • Publicly traded US energy company in advising on compliance policies program, with a focus on anti-corruption compliance.
  • Major US government contractor in connection with sprawling corruption investigation in Romania.
  • UK and Israeli law firm in serving as expert witness in UK court proceedings relating to FCPA and other US law issues. Vale et al. v. Steinmetz et al.
  • Multinational technology company in SEC investigation involving company's business with the Middle Eastern government agencies.
  • Multinational manufacturer in Petrobras FCPA/anticorruption "Car Wash" investigation conducted by the DOJ, the SEC, and Brazilian authorities.
  • Multinational food and restaurant supply company in internal FCPA investigation into allegations of bribery in connection with company's business in the Ukraine.
  • Major luxury goods retailer in connection with internal investigation into allegations of bribery arising out of company's business in Mexico.
  • Global telecommunications company in FCPA investigation involving the company's activities in more than 15 countries in Europe, the Middle East, and Central America.
  • Firearms manufacturer in FCPA investigation conducted by the DOJ regarding allegations of bribe payments to Indian government officials in efforts to win government contracts.
  • Private equity firm in internal FCPA investigation involving allegations of bribery by portfolio company as part of an effort to win contracts in Romania and Colombia.
  • Multiple employees of major financial institution in connection with DOJ and SEC “Sons and Daughters” investigation into institution's hiring practices in China.

Perspectives

Agent Zero: Second Circuit (Again) Limits Criminal Liability in Long-Running Hoskins Case
Enforcement Edge: Shining Light on Government Enforcement
Global Anti-Corruption Insights: Summer 2022
Newsletter
Treasury Department Focuses on Emerging Digital Art Market and NFTs
Enforcement Edge: Shining Light on Government Enforcement
Regulatory and Enforcement Trends for AML and Sanctions in 2022
Arnold & Porter Webinar
Global Anti-Corruption Insights: Winter 2022
Update on Recent Enforcement, Litigation, and Compliance Developments
More

Recognition

Chambers Latin America
Corporate Crime & Investigations (2019–2023)
Latin Lawyer 250
Anti-Corruption Investigations and Compliance (2018-2022)
The Legal 500 US
International Litigation (2022)
Corporate Investigations and White-Collar Criminal Defense (Advice to Corporates) (2013–2019, 2021–2022)
Corporate Investigations and White-Collar Criminal Defense (Advice to Individuals) (2018–2019, 2021–2022)
Cyber Law (including Data Privacy and Data Protection) (2017–2019)
Government Contracts (2019)
Technology: Data Protection and Privacy (2014–2019)
Financial Services: Regulatory (2011–2019)
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, Eastern District of Michigan
  • US District Court, Southern District of New York
Government & 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
  • US District Court, Eastern District of Michigan, The Honorable John Feikens
  • US Court of Appeals for the Third Circuit, The Honorable Walter K. Stapleton
Activities
  • Member, New York Council of Defense Lawyers
  • Member, New York City Bar Association

  • President's Advisory Council on Wildlife Trafficking
  • Advisory Council, Wildlife Justice Commission

  • Lawyers Council for the Citizens Crime Commission of New York City
Overview

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