Marcus Asner is a seasoned trial lawyer with extensive experience handling both complex civil litigation and criminal defense matters. 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 across a wide range of industries. Marcus'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, trade sanctions violations, healthcare fraud, securities 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.
Marcus also routinely advises clients on anti-corruption, supply chain, and cybersecurity compliance issues. He wins widespread praise from clients, one of whom describes him as “an extraordinarily knowledgeable lawyer with formidable expertise and an extremely practical approach.” Another notes, “he is super smart and extremely responsive.”
As an Assistant United States Attorney for the Southern District of New York for nine years, Marcus served as the Chief of the Major Crimes and Computer Hacking/Intellectual Property (now known as Complex Frauds) unit as well as in the Public Corruption unit. During his tenure, he led investigations and prosecutions focused on fraud, bribery, money laundering, and other economic crimes.
Marcus is a member of the Lawyers Council of the Citizens Crime Commission of New York City and on the Wildlife Justice Commission’s Advisory Council. He previously served on the President’s Advisory Council on Wildlife Trafficking.
Experience
- Sotheby’s in a major victory after a three-week jury trial in the Southern District of New York. Defeated all claims that client had colluded with art dealer Yves Bouvier to sell works of art to a Russian oligarch at highly inflated prices. The alleged fraud had been considered one of the largest art frauds in history, valued at up to $1 billion.
- Former CEO of crypto company in litigation brought by the New York Attorney General alleging securities fraud and related causes of action, as well as parallel litigation matters brought in federal court in Connecticut and Pennsylvania and in Delaware Court of Chancery.
- Financial services company in New York Attorney General litigation regarding company’s business and advertising practices.
- Employee of defense contractor in prosecution in the U.S. District Court for the District of New Jersey alleging bribery in connection with construction contracts in Iraq. Successfully negotiated a cooperation agreement with the U.S. Attorney’s Office for the District of New Jersey, leading to a non-custodial sentence.
- Dunkin' Brands in investigation, litigation, and favorable settlement of a State Attorney General lawsuit involving consumer data security and privacy protection claims.
- Computer Sciences Corporation in a favorable settlement that resolved an eight-year state and federal FCA qui tam action alleging the use of certain coding conventions on claims seeking reimbursement from Medicaid for costs incurred by New York City's Early Intervention Program.
Perspectives
Recognition
Credentials
Education
- J.D., University of Michigan Law School, 1992, cum laude
- M.S., Mathematics, University of Michigan Rackham Graduate School, 1987
- A.B., Physics, University of Chicago, 1985, with honors
Admissions
- New York
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Southern District of New York
Government & Military Service
- Chief, Major Crimes and Computer Hacking/Intellectual Property Unit, U.S. Attorney's Office, Southern District of New York
- Assistant U.S. Attorney for the Southern District of New York
Clerkships
- U.S. Court of Appeals for the Third Circuit, The Honorable Walter K. Stapleton (September 1994-September 1995)
- U.S. District Court, Eastern District of Michigan, The Honorable John Feikens (August 1993-August 1994)
Activities
- Member, New York Council of Defense Lawyers
- President's Advisory Council on Wildlife Trafficking
- Lawyers Council for the Citizens Crime Commission of New York City