Marcus Asner is a trial lawyer and co-chair of the firm's White Collar Defense & Investigations practice. Mr. Asner has extensive experience with investigations and prosecutions involving alleged violations of the Foreign Corrupt Practices Act, and cases involving public corruption, financial fraud and money laundering, cyber crime, corporate espionage, data breaches, tax fraud, environmental and natural resources crime, and healthcare fraud. 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 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.

From 2013 to 2016, Mr. Asner served on the President's Advisory Council on Wildlife Trafficking.

Experience

  • Major art auction house in multiple related litigations involving allegations of fraud with respect to the purchase and sale of numerous art masterpieces.
  • 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.
  • Global telecommunications company in an internal investigation involving allegations of antitrust violations, bribery, and fraud arising out of company's business in the Ukraine.
  • 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. Successfully led company's cooperation with the DOJ, leading to declination. Lead company's ongoing cooperation with Austrian authorities.
  • Firearms manufacturer in FCPA investigation being 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 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 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.

Perspectives

District Court Limits Reach of the FCPA and Sheds Light on What It Means to Be an Agent of a US Subsidiary
Advisory
Regulatory and Enforcement Trends of 2020 for AML and Sanctions
Arnold & Porter Seminar, New York, NY
Pharmaceutical and Medical Device Investigations and Enforcement Forum
Arnold & Porter Seminar, Short Hills, NJ
DOJ's Revised Self-Disclosure Policy for US Trade Sanctions and Export Control Violations Offers 'Concrete and Significant' Benefits for Corporations (pdf)
Thomson Reuters, Westlaw
Global Anti-Corruption Insights: Winter 2020
Update on Recent Enforcement, Litigation, and Compliance Developments
More

Recognition

Chambers Latin America
Corporate Crime & Investigations (2019-2020)
The Legal 500 US
Cyber Law (including Data Privacy and Data Protection) (2017-2019)
Corporate Investigations and White-Collar CriminalDefense (Advice to Corporates) (2013-2019)
Corporate Investigations and White-Collar Criminal Defense (Advice to Individuals) (2018-2019)
Government Contracts (2019)
Technology: Data Protection and Privacy (2014-2019)
Financial Services: Regulatory (2011-2019)
Chambers Global
Corporate Crime & Investigations (Latin America-wide) (2019-2020)
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
  • 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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