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Internal Investigations in Mexico and Beyond

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MoFo partners Brian Michael and Brian Kidd will lead a workshop on April 25, 2024, titled "Internal Investigations in Mexico and Beyond" for the International Chamber of Commerce Mexico (ICC Mexico) and the Anticorruption Commission's VII Anticorruption Specialized Course in partnership with Universidad Panamericana.

<p>MoFo partners Brian Michael and Brian Kidd will lead a workshop on April 25, 2024, titled "Internal Investigations in Mexico and Beyond" for the International Chamber of Commerce Mexico (ICC Mexico) and the Anticorruption Commission's VII Anticorruption Specialized Course in partnership with Universidad Panamericana. Together, they will discuss the "do's and don’t’s" of conducting an internal investigation, including key considerations and substantive areas to cover.</p><p>ICC Mexico has created the Anticorruption Course with the purpose of spreading a new way of doing business in Mexico. This course brings together high-level government officials, legal scholars, and the most prestigious practitioners in their fight against corruption in Mexico and abroad. Each session analyzes the phenomenon of combatting corruption from the nationwide and global perspective, with speakers who take action against corruption around the world, to provide a mixture of theoretical teachings and practical cases. </p><hr>

<p> Internal Investigations in Mexico and Beyond</p>

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<p>Brian R. Michael is a partner in Morrison Foerster’s Investigations + White Collar Defense Group, and the chair of the firm’s Global Ethics + Compliance practice.</p><p>Recognized as one of the top lawyers in California, Brian draws upon more than 25 years of high-profile experience in private practice, as an in-house leader, and as a federal prosecutor in the Southern District of New York and the Central District of California to represent entities and individuals who turn to him for the most complex, high-stakes white collar criminal cases, internal and government-facing investigations, securities and regulatory enforcement matters, and related litigation and trials. Brian routinely advises clients on a wide range of matters involving corporate and securities fraud, the Foreign Corrupt Practices Act and global anti-corruption laws, workplace misconduct, public corruption, cybersecurity, FinTech and blockchain technologies, trade sanctions, whistleblowing, and human rights and supply chain due diligence, among other areas.</p><p>Brian’s practice also focuses on providing sensitive crisis management and compliance counseling, and he has extensive experience leading the design, enhancement, and implementation of cross-border compliance programs. He regularly leads global risk assessments and provides compliance and crisis preparedness training to companies, boards, and employees.</p><p>In addition to his many years in private practice, Brian served as Deputy General Counsel and Group Chief Compliance Officer at media and entertainment company 21st Century Fox, and as an Assistant United States Attorney in both the Southern District of New York and the Central District of California. At 21st Century Fox, Brian played a critical role in the company’s response to multiple cross-border investigations, including the “UK phone hacking” crisis and the wide-ranging FIFA corruption matter, and oversaw global compliance for Fox broadcast, cable, digital, and sports media businesses, including National Geographic Partners and more than 300 channels in over 180 countries. As a federal prosecutor, Brian tried numerous cases and briefed and argued multiple appeals, as well as led criminal investigations and prosecutions involving complex financial, securities, and healthcare fraud, cybercrime, organized crime and racketeering, money laundering, violent crime, child sexual exploitation, and asset forfeiture, for which he received many commendations and awards. Brian also served as the Violence Against Women Act Coordinator and the Anti-Gang Coordinator for the Central District of California.</p><p>After graduating law school, Brian clerked for former Chief Judge Gilbert S. Merritt of the U.S. Court of Appeals for the Sixth Circuit.</p><p>Brian is a frequent public speaker and commentator on white collar crime, securities and regulatory enforcement, and compliance topics. He is a member of the board of directors of the Southern California Regional Subcommittee of the ABA’s White Collar Crime Committee, is a Fellow of the American Bar Foundation, and serves on the Executive Committee of Teach Democracy (formerly known as Constitutional Rights Foundation), a non-partisan nonprofit dedicated to advancing civics education and engagement among largely underserved youth.</p><p>Brian earned his B.A. with distinction in general scholarship from the University of California at Berkeley and earned his J.D. from Vanderbilt University School of Law, where he was elected Order of the Coif.</p><h4>Representative Experience</h4><h5>Government-Facing Investigations</h5><ul><li>Representation of a national governing body for an Olympic sport in an investigation led by the California Attorney General’s Office into historical allegations of sexual misconduct and abuse by local affiliates, resulting in successful resolution with no adverse findings.</li><li>Representation of a global auto manufacturer in connection with an investigation by the U.S. Attorney’s Office for the Central District of California into alleged foreign bribery and the prosecution of a former employee, successfully resulting in no adverse action against the company.</li><li>Representation of a prominent nonprofit entity in an internal investigation into multiple complaints regarding conflicts of interest, self-dealing, and other significant misconduct committed by top-level executives, resulting in successful separation of the executives on favorable terms for client.</li><li>Representation of a world-leading publisher of online video content in an investigation led by the New York Attorney General’s Office into alleged violations of state law regulating the nature of online content, resulting in successful outcome with no adverse action.</li><li>Representation of prominent private high school in Los Angeles embroiled in the Varsity Blues college admissions scandal, across from the U.S. Department of Justice.</li><li>Representation of a lobbyist in connection with a high-profile and wide-ranging corruption probe of the Los Angeles City Council led by the U.S. Attorney’s Office for the Central District of California, successfully resulting in no criminal action against client.</li><li>Representation of a fund and its three managing members in connection with investigations led by the U.S. Attorney’s Office for the Central District of California and the SEC related to a $500+ million Ponzi scheme and the prosecution of the perpetrator in the largest Hollywood Ponzi scheme ever, successfully resulting in no criminal or civil enforcement actions; featured in a lead story in <em>The New Yorker</em>, CNBC’s <em>America Greed</em>, and multiple documentaries, podcasts, and other publications.</li><li>Representation of senior executives for multiple entities in connection with U.S. Department of Justice criminal and civil enforcement investigations, and related FDA proceedings, related to COVID-19 testing protocols and devices.</li><li>Representation of a high-profile individual in connection with asset forfeiture and related proceedings concerning the 1MDB criminal prosecution in the Eastern District of New York.</li><li>Representation of a former senior research scientist of a multinational life sciences company in an internal investigation and parallel FDA investigation regarding alleged research misconduct by the former CEO in relation to the then-most expensive drug therapy ever, resulting in no enforcement action.</li></ul><h5>Internal and Board Investigations</h5><ul><li>Engaged by the California Department of Justice’s (DOJ) Office of the Attorney General to lead and conduct an independent review of DOJ’s public release of confidential personal information associated with firearms permit holders and applicants, and to prepare and release a public report setting forth detailed factual findings regarding the data release and recommendations for remedial actions.</li><li>Representation of a public multinational media company in multiple highly sensitive internal investigations into manipulation and tampering by third parties of core business activities and information, resulting in successful disruption and cessation of the improper activities and preservation of company’s business integrity.</li><li>Representation of a global auction house in an internal investigation of misconduct by senior executive and advising company leadership and board on mitigation and remediation arising from investigative findings.</li><li>Representation of a global FinTech entity in investigating alleged financial misconduct in Asia-Pacific region that came to light during due diligence for a time-sensitive and significant transaction, resulting in the successful closing of the transaction.</li><li>Representation of CEO and founder of prominent digital media company in board investigation of allegations of misconduct from co-founder, resulting in successful determination that allegations were unfounded.</li><li>Representation of senior public university executive in an investigation arising from whistleblower allegations of misconduct directed towards university’s leadership, resulting in successful finding of no wrongdoing.</li></ul><h5>Compliance Counseling, Crisis Management, and Due Diligence</h5><ul><li>Representation of a global FinTech entity in the design and implementation of a global compliance infrastructure related to the successful roll-out of a new payment tool.</li><li>Led crisis response for prominent investment funds in response to racially charged incidents at real estate developments in the wake of the George Floyd incident, resulting in successful resolution of the conflicts.</li><li>Led due diligence for prominent hedge fund in connection with potential/successful deal activity.</li></ul><h5>Complex Litigation and Trials</h5><ul><li>Representation of high-net-worth individual in dispute over distribution of significant marital estate in litigation across from former spouse, resulting in successful resolution for client.</li><li>Representation of a high-profile professional athlete in mediation and litigation across from former spouse regarding sensitive personal matters.</li><li>Representation of prominent Hollywood executive in connection with termination due to allegations of misconduct and subsequent successful arbitration resulting in finding that termination was unlawful, along with significant financial recovery for client.</li><li>Defense of a global auto manufacturer in consumer fraud litigation across California, including extensive trial preparation for multiple cases the led to successful resolution on favorable terms for client.</li><li>Representation of healthcare executive in complex financial dispute across from multiple insurance carriers, resulting in mediated settlement and dismissal of action.</li></ul>

Brian Michael

Partner

<p>Brian Kidd is a partner in Morrison Foerster’s Investigations + White Collar Defense Practice. His focus is on solving clients’ most difficult legal and regulatory challenges, often in the context of civil and criminal investigations and litigations. Brian has represented public and private companies and their executives in complex government-facing probes, which have resulted in favorable resolutions and declinations among other successes. He also represents boards of directors and companies in conducting complex internal investigations and compliance reviews. Brian regularly counsels his clients through sensitive matters, corporate crises, litigation, and other disputes involving U.S. federal and state law enforcement and regulatory agencies including the Department of Justice (DOJ), Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), Department of Education (DOE), District Attorney’s Offices, and state attorneys general, among others. Brian has served as first chair on over a dozen federal trials and is a member of the New York and Washington, D.C., bars.</p><p>Before joining MoFo, Brian served as chief of the Market Integrity and Major Frauds (MIMF) Unit of the Criminal Division’s Fraud Section at DOJ. As chief, Brian supervised a team of roughly 40 federal prosecutors and oversaw the majority of all major fraud cases brought by DOJ during his tenure, with a special focus on investigating and prosecuting complex securities, commodities, and other major corporate fraud cases. Brian oversaw cross-border and corporate prosecutions involving market manipulation, spoofing, insider trading, money laundering, bribery, cryptocurrency, accounting, and procurement fraud. Brian also served as chair of DOJ’s Securities and Commodities Fraud Working Group, where he worked closely with senior leaders at the SEC, CFTC, Federal Deposit Insurance Corporation, and the Federal Reserve.</p><p>Prior to his role as chief of the MIMF Unit, Brian served as an assistant chief of the MIMF Unit from January 2017 to May 2018 and as a trial attorney from October 2015 to January 2017. Prior to joining the Fraud Section, Brian was a trial attorney in the Public Integrity Section of the Criminal Division and an assistant U.S. attorney in the U.S. Attorney’s Office for the District of Puerto Rico.</p><p>Brian is a regular speaker on DOJ, SEC, and CFTC enforcement trends, cross-border investigations, cryptocurrency fraud, COVID-19 relief fraud, and compliance guidelines issued by U.S. regulators and law enforcement agencies, among other topics. He has appeared as a guest speaker on Yahoo Financial Live, has been quoted in <em>ABC News</em>, <em>CNN</em>, <em>USA Today</em>, and <em>Law360</em>, among other publications, and has served as a presenter for leading industry groups, including the Futures Industry Association, Ethisphere, the Society of Corporate Compliance and Ethics, and <em>Global Investigations Review: Live </em>on these issues.</p><p>Brian earned his J.D. magna cum laude from the Benjamin N. Cardozo School of Law and his B.A. from the University of California at Santa Cruz. Brian is also a three-time recipient of the Assistant Attorney General’s Exceptional Service Award. Brian has been an adjunct professor at Georgetown University Law Center since May 2019 and previously was an adjunct professor at the University of Puerto Rico School of Law. </p><h4>Representative Experience</h4><h5><span></span>Defense Experience</h5><p><strong>Securities and Commodities Fraud:</strong></p><ul><li>Representation of a start-up cryptocurrency company in proactive outreach to government agencies, including FinCEN.</li><li>Representation of an executive of a major cryptocurrency exchange in a SEC and CFTC investigation into allegations of financial misconduct.</li><li>Representation of an executive of a major broker-dealer in a DOJ and SEC investigation into allegations of financial misconduct by a former employer.</li><li>Representation of a major cryptocurrency exchange in providing counsel on U.S. commodities laws.</li></ul><p><strong>False Claims Act (FCA) and Misuse of Federal Funds:</strong></p><ul><li>Representation of a healthcare organization in an FCA matter involving kickback allegations.</li><li>Representation of a large for-profit college in multiple investigations involving allegations that the company improperly received and used federal funds. Obtained a declination from DOJ in an FCA investigation.  </li><li>Representation of a large for-profit college in multiple civil suits claiming improper use of financial loan instruments.</li><li>Representation of the board of a prominent advertising and marketing company in an investigation involving allegations that company insiders improperly obtained and used PPP funds. Obtained a declination from DOJ in a criminal investigation. </li><li>Served as the internal reviewer in a post-merger, privileged investigation of a fintech company’s conduct and business activities related to PPP loans to assess risk related to government and congressional investigations.</li><li>Representation of a venture capital firm in reviewing a potential affiliate problem related to $7+ million of SBA and PPP loan funds.</li></ul><h5>Other White Collar Defense and Compliance Matters</h5><ul><li>Representation of an international professional services firm related to its work for opioid manufacturers, which involves complex, multidimensional work involving state attorneys general, DOJ, CPB, and congressional investigations, as well as more than 140 civil lawsuits.</li><li>Representation of a national title insurance company in a criminal investigation being conducted by DOJ.</li><li>Representation of an executive at a U.S. defense contractor in an investigation being led by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives. </li><li>Representation of a multinational technology company in conducting a risk assessment across the company’s compliance program relating to anti-bribery and corruption, antitrust, anti-money laundering, data privacy and cybersecurity, sanctions, and export controls to recommend potential enhancements.</li><li>Representation of a major broker-dealer in undertaking compliance risk assessments and providing related counseling.</li><li>Representation of a former federal law enforcement officer in a House Oversight Committee investigation into allegations of misconduct.</li></ul>

Internal Investigations in Mexico and Beyond

25 Apr 2024 5:00 PM - 7:00 PM CDT