As sure as the sun rises in the east and dogs bark – and following a well traveled career path – DOJ FCPA Unit Chief David Last is joining a law firm (Cleary Gottlieb) for an FCPA practice. (See here).
According to the Cleary Gottlieb release:
“As part of our white-collar and enforcement practice, David will focus on criminal and civil FCPA matters, internal investigations, and defending companies and individuals in high-stakes enforcement actions.
As Chief of the FCPA Unit, David was responsible for managing all criminal FCPA matters brought in the United States, including supervising all FCPA-related investigations, prosecutions, corporate resolutions, trials, and corporate compliance monitorships. He oversaw the investigation and prosecution of more than two hundred matters involving the FCPA, money laundering, wire fraud, and other corruption-related offenses. These matters encompassed every significant industry sector and geographic region and involved conduct by corporate board members, high-level executives, and foreign officials at the highest levels of government.
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“We are thrilled to welcome David to our firm,” said Cleary Managing Partner Michael Gerstenzang. “Global enforcement of anti-corruption laws like the FCPA has grown exponentially over the last decade. Cleary has extensive experience advising clients in these matters, and we look forward to David joining our deep bench, which includes former federal prosecutors, former senior officials of the Securities and Exchange Commission, the Federal Trade Commission, and the Department of Justice’s Antitrust Division.”
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“We advise and defend the world’s leading multinational corporations and financial institutions, as well as boards of directors and senior executives, in a broad range of significant criminal and regulatory matters,” said white-collar and enforcement partner Matt Solomon. “David is going to continue to showcase Cleary’s breadth of subject-matter experience in the white-collar and enforcement space.”
“Cleary’s enforcement practice prides itself in being trusted by our clients to handle their most significant and sensitive investigations,” said white-collar and enforcement partner Joon Kim. “David’s arrival from his important position at the Department of Justice adds even greater strength and breadth to our leading white-collar practice.”
“Cleary’s reputation for legal excellence and its global footprint uniquely position the firm to provide clients with the most comprehensive legal representation to overcome complex challenges across multiple jurisdictions,” said David. “I look forward to joining a firm of such tremendous caliber, where I can contribute to their deep experience and work with the firm’s exceptional white-collar team to help clients navigate complex criminal and regulatory issues.”
Regarding the general issue of DOJ or SEC FCPA enforcement attorneys leaving for lucrative positions with FCPA Inc. to provide defense and compliance services to business organizations subject to the enforcement climate they helped create, for over a decade these pages have called for restrictions when DOJ / SEC FCPA enforcement attorneys with supervisory and discretionary authority leave the government for private practice careers devoted to the FCPA. (See here, here, here and here among other posts).
Indeed, the legitimacy and credibility of the DOJ and SEC’s entire FCPA enforcement programs hinge on this policy proposal being adopted.
