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Michael J. Gilbert is a former Assistant U.S. Attorney for the Southern District of New York. During his tenure as a federal prosecutor, he investigated, prosecuted and conducted jury trials in cases involving a wide variety of white collar criminal matters, including mail and wire fraud, embezzlement, bribery, health care fraud and violations of the Foreign Corrupt Practices Act (FCPA).

Since entering private practice, Mr. Gilbert has had a broad-ranging practice in which he represents individuals and companies in internal investigations as well as matters being investigated by a range of enforcement authorities including the U.S. Attorney’s Offices for the Southern and Eastern Districts of New York, the Enforcement Division of the Securities and Exchange Commission, the New York Attorney General’s Office, the New York City Department of Investigation, the Manhattan District Attorney’s Office and other enforcement authorities.

Mr. Gilbert has extensive experience with FCPA matters. He has represented numerous individuals and companies in connection with FCPA investigations. He is regularly consulted about FCPA issues in the context of business transactions such as potential mergers and acquisitions. He has published articles about the FCPA in publications such as the National Law Journal, Hedge Fund Law Reporter and the FCPA Law Reporter and presented at various conferences and seminars.

In addition to his work on FCPA matters, Mr. Gilbert has significant experience representing foreign individuals and entities dealing with U.S. regulators and/or litigation matters. These matters have included insider trading investigations, alleged market manipulation and defamation actions. Among his successful representations, he obtained a complete dismissal of a federal criminal indictment in the United States of a Mexican national who had been charged with money laundering. He also has represented U.S. individuals and entities in connection with matters under investigation by enforcement authorities in other countries, including Canada, Hong Kong, the United Kingdom and Luxembourg.

Mr. Gilbert also has a focus defending matters involving seizure of assets and forfeiture actions by the U.S. Department of Justice and money laundering allegations. He has repeatedly assisted clients in obtaining the return of funds frozen by law enforcement.

Many of Mr. Gilbert’s matters involve representations of individuals or entities in the financial services industry, including hedge fund advisors, portfolio managers and analysts, as well as executives of major financial institutions. Mr. Gilbert has represented entities or individuals in matters arising from: the market timing/late trading scandal in the mutual fund industry, the stock options backdating scandal, various investigations involving the residential mortgage backed securities (“RMBS”) industry, auction rate securities, insider trading investigations and investigations relating to the setting of the LIBOR rate. In 2012, Mr. Gilbert obtained a complete dismissal of a federal criminal indictment against an investment professional who was charged with tax fraud.

Mr. Gilbert also maintains a civil litigation practice. In addition to handling civil securities fraud and derivative actions, he has represented clients in commercial disputes in the New York State Supreme Court’s Commercial Division. Among his successful civil representations, he won the complete dismissal of a civil RICO action filed in the U.S. District Court for the District of Connecticut.

Mr. Gilbert has an active pro bono practice. In 2003, he was appointed to the Criminal Justice Act (“CJA”) Panel for the U.S. District Court for the Southern District of New York, through which he represents individuals in federal criminal cases who cannot afford to pay for a lawyer. In connection with his CJA Panel work, he regularly appears before federal judges in the Southern District of New York federal court. He recently obtained a complete dismissal of criminal charges for an individual following a suppression hearing based on an unlawful “stop and frisk.”

Mr. Gilbert has been recognized for his outstanding advocacy by his designation as a Super Lawyer in the area of white collar criminal defense. He is featured in a book entitled Inside the Minds – Responding to White Collar Investigations and Indictments. In 2014 Mr. Gilbert was appointed by Law360 to its White Collar Editorial Advisory Board.

Representative Matters

  • obtained complete dismissal of criminal charges for an individual who had been indicted by the U.S. Attorney’s Office for the Southern District of New York in a tax fraud case
  • obtained a complete dismissal of criminal charges for a Mexican national who had been indicted by the U.S. Attorney’s Office for the Southern District of New York for money laundering
  • representation of a London businessman in a FCPA investigation by the SEC and U.S. Attorney’s Office for the Eastern District of New York
  • representation of a former employee of a major investment bank in connection with a FCPA investigation by the SEC and Department of Justice
  • representations of several employees of a major investment bank in connection with an investigation by law enforcement authorities in several jurisdictions in connection with the setting of LIBOR
  • representation of a former Chief Compliance Officer of an investment advisor whose owner was indicted for operating a Ponzi scheme
  • representation of a Brooklyn-based business in connection with an investigation of alleged unlawful “structuring” and money laundering
  • representation of a hedge fund in connection with an insider trading investigation of a current and former portfolio manager
  • representation of a hedge fund in responding to subpoenas from the SEC relating to an insider trading investigation
  • representation of a non-profit agency in connection with investigations by the New York Attorney General, the New York City Department of Investigations and the U.S. Attorney’s Office for the Southern District of New York of alleged financial improprieties
  • representation of an executive of a major investment bank regarding residential mortgage-backed securities
  • representation of a former employee of a major investment bank in connection with auction rate securities
  • representation of a boutique investment bank in a civil case alleging negligent misrepresentation in connection with a merger
  • representation of a Hong Kong-based hedge fund in connection with a market manipulation investigation and a civil defamation action in New York State Supreme Court
  • representation of an individual in a criminal tax prosecution by the U.S. Attorney’s Office for the Southern District of New York

Education

Tufts University, B.A., 1991, Cum laude
University of Pennsylvania Law School, J.D., 1994, Magna cum laude, Order of the Coif, Comments Editor of the University of Pennsylvania Law Review

Court Admissions

United States Court of Appeals for the Second Circuit
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York

Bar Admissions/Qualifications

New York

Clerkships

Honorable Donald VanArtsdalen, United States District Court for the Eastern District of Pennsylvania
Honorable J. Daniel Mahoney, United States Court of Appeals for the Second Circuit
Honorable Joseph McLaughlin, United States Court of Appeals for the Second Circuit