Marcus A. Asner

Partner

New York Tel +1 212.836.7222

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." 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, 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. He also routinely advises clients on anti-corruption, supply chain and cyber security compliance issues.

Marcus 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.

Marcus clerked for the Honorable Walter K. Stapleton of the U.S. Court of Appeals for the Third Circuit and the Honorable John Feikens of the U.S. District Court for the Eastern District of Michigan.

Marcus 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.

Focus Areas

Experience

Publicly traded U.S. energy company in advising on compliance policies program, with a focus on anti-corruption compliance.
Major U.S. 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 U.S. 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.

Major food supplier regarding animal welfare investigation concerning meat supply in the UK.
Israeli national in connection with complex tax investigation by the DOJ.
Spanish family office and related companies in connection with investigation into possible self-dealing in U.S. real estate business.
Multiple venture capital firms in investigation by New York State Department of Financial Services into cryptocurrencies.
Leading restaurant franchisor in advising on a New York Attorney General inquiry on the possible credential stuffing cyberattacks on their customer loyalty accounts.

Multinational telecommunications company in industry security practices investigation being conducted by the Bureau of Internet and Technology of the New York Attorney General's Office.
Former Danish bank executive in cross-border investigation conducted by DOJ and SEC regarding allegations of money laundering in Eastern European branch.
Multinational company in DOJ investigation into Malaysia's 1MDB money laundering scandal.
Major art auction house and private art dealer in an investigation by the Senate Permanent Subcommittee on Investigations into AML and sanctions issues in the art market.
Multinational electronics company in investigation into fitness-related applications conducted by the New York State Attorney General's Office.
Major financial institution in internal money laundering and Bank Secrecy Act investigation.
Major retailer in connection with internal investigations of revenue recognition practices and potential diversion and structuring activities by company employees. Advised and represented the company in connection with self-reporting the findings of its investigation to the Financial Crimes Enforcement Network (FinCEN) and the DOJ.
Major pharmaceutical company in False Claims Act (FCA) and Anti-Kickback Statute (AKS) investigation conducted by the US Attorney's Office for the Southern District of New York.

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. Accent Delight v. Sotheby’s, 18 Civ. 9011 (JMF).
Major auction house in litigation in the Southern District of New York concerning ownership of major NFT sold at auction.
New York-based bank as victim in investigation and prosecution brought by the U.S. Attorney's Office for the Southern District of New York.
Multinational American IT services 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 Earn Intervention Program.
Multinational manufacturer in parallel civil litigation arising out of FCPA/anticorruption "Car Wash" investigation.

Individual in FIFA investigation and prosecution pending in the U.S. District Court for the Eastern District of New York.
Employee of defense contractor in prosecution pending in the U.S. District Court for the District of New Jersey alleging bribery in connection with construction contracts in Iraq.
Galil Medical in successful representation in expedited merger-related litigation in Delaware Chancery Court.
Headed investigation and prosecution of international bribery, fish poaching and smuggling scheme. Five arrested in the U.S.; all pleaded guilty, and the main defendants were sentenced to significant terms of imprisonment. Recovered $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, and the largest Lacey Act restitution award in U.S. history.
Headed investigation and prosecution of complex international bank fraud and money laundering scheme arising out of metals trading industry with losses of over $680 million to 20 banks worldwide. 14 defendants convicted in United States; five convicted after trial. Successfully argued appeal. Worked closely with the UK's Serious Fraud Office, assisting with the UK's parallel investigation and prosecution, including by testifying at trial in London.

Perspectives

February 15, 2024

Chambers Global 2024 Ranks 35 Arnold & Porter Lawyers, 31 Practice Areas

February 13, 2024

Practical Guidance for Companies to Detect and Prevent the Circumvention of Sanctions and Being Prepared for the Newest, Most-Sophisticated Techniques

AML & OFAC Compliance for the Insurance Industry, ACI

February 1, 2024

Arnold & Porter Notches Win for Sotheby’s

Enforcement Edge: Shining Light on Government Enforcement

January 31, 2024

Arnold & Porter Secures Victory for Sotheby’s in Art Fraud Suit

January 25, 2024

Webinar: 2024 Regulatory and Enforcement Trends for AML and Sanctions

Enforcement Edge: Shining Light on Government Enforcement

» Listen to the "Crime Spot meets SHERLOC" Podcast—How to Catch The Bigger Fish? Arnold & Porter Secures Victory for Sotheby's in Art Fraud Suit

Recognition

Thomson Reuters

Stand-Out Lawyers - Independently Rated Lawyers (2024)

Chambers Global

Corporate Crime & Investigations — Latin America-wide (2019-2024)

Chambers Latin America

Corporate Crime & Investigations (International Counsel) (2019-2024)

Education

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

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

Overview