Joshua Berman. Partner K Street NW, North Tower - Suite 200 Washington, DC

Transcription

1 Joshua Berman Partner K Street NW, North Tower - Suite 200 Washington, DC Practices FOCUS: White Collar, Investigations and Compliance Antitrust and Competition Workplace Safety Environmental Entrepreneurial Ventures Appellate and Supreme Court Environmental Insurance and Health Care Fraud Patent Securities and Enforcement and Dispute Resolution Pharmaceutical and Life Sciences Industries Energy Health Care Medicare/Medicaid Reimbursement Joshua Berman, national co-head of Katten's White Collar, Investigations and Compliance practice, represents corporate and individual clients in white collar criminal and regulatory investigations, securities enforcement actions, CFTC matters, complex civil litigation, federal appellate litigation, multistate attorney general cases, qui tam and compliance matters. He regularly conducts internal investigations for corporate clients in the United States and overseas, and is experienced in handling securities fraud, Foreign Corrupt Practices Act (FCPA), virtual currencies, Office of Foreign Assets Control (OFAC), anti-money laundering, environmental, antitrust, and health care fraud and abuse matters throughout the world. Josh, an experienced appellate litigator, briefed and argued a number of cases before the US Courts of Appeals for the District of Columbia, Second, Fifth and Ninth Circuits. He was appointed by the US Sentencing Commission to serve as a member of its Practitioners Advisory Group. He served as a senior federal prosecutor at the Department of Justice and the US Attorney's office for the Southern District of New York. As an Assistant US Attorney, Josh investigated, prosecuted and tried cases relating to white collar crime, securities fraud, health care fraud, public corruption, obstruction of justice, bank fraud, anti-piracy and copyright infringement, money laundering, environmental, racketeering, cybercrime, espionage, counter-terrorism, and organized and violent crime. He was on an elite team of prosecutors who investigated and prosecuted al Qaeda members and associates overseas and within the United States. In 2001, he served as Associate Investigative Counsel on the Webster Commission, leading one of the teams that reviewed the FBI's national security and counterintelligence programs in the wake of FBI Special Agent Robert Hanssen's espionage. In 2002, Josh joined the Department of Justice's Public Integrity Section, where he investigated and prosecuted cases across the country relating to bribery, mail and wire fraud, and federal campaign and election laws. He served as an adjunct professor of law at Columbia Law School, Georgetown University, American University, The George Washington University, The Catholic University of America and Benjamin N. Cardozo School of Law, where he taught courses on white collar crime, federal prosecutions and cybercrime. Josh regularly provides commentary and insight on legal issues, recently providing his thoughts to The New York

2 Hospital-Physician Relations and Medico-Legal Health Care International Sports and Sports Facilities Recognition Super Lawyers, Washingtonian, Top Lawyers in the District of Columbia Katten Muchin Rosenman LLP Pro Bono Service Award, 2012 Best Lawyers in America, Criminal Defense-White Collar, Who's Who Legal, Global Leader, Investigations, Education JD, University of Michigan Law School, magna cum laude, Order of the Coif BA, Cornell University, magna cum laude Bar Admissions District of Columbia New York Illinois Maryland Times, The NewsHour with Jim Lehrer, CNN, The Wall Street Journal, Good Morning America, Nightline, Bloomberg, Chicago Tribune, CNBC and MSNBC, TIME, Legal Times, The Los Angeles Times, USA Today, NPR, Roll Call, Sports Illustrated, The Hill, The New York Sun, The Sporting News and The News & Observer. Selected Experience Conduct large internal investigation for private/public US entity. Representation of CEO and president of US energy company in connection with DOJ and SEC FCPA investigation. Representation of international official in OFAC matter. Representation of entities and individuals in the virtual currency space, including e- gold and bitcoin investors. Representation of publicly traded companies in SEC enforcement and DOJ actions relating to accounting practices, formal and informal inquiries, fraud allegations, fictitious revenues, related-party actions and other claims. Counsel to a multinational nonpublic company in connection with an internal investigation related to a $150 million SPAC transaction. Representation of seven current and former Major League Baseball players who were victims of the Allen Stanford Ponzi scheme in a matter related to the courtappointed receiver's efforts to claw back funds. Provision of advice to the treasurer of a publicly traded company in high-profile SEC and DOJ accounting fraud investigations. Representation of individual in Department of Justice criminal investigation into allegations of stranger-originated life insurance fraud. Counsel to the director of finance of a publicly traded company in high-profile SEC and DOJ accounting fraud investigations. Representation of the chief executive officer of a large, privately held New Yorkbased company in connection with insider trading allegations related to the expert consulting industry. Provision of advice to the senior executive of a global company in a DOJ criminal antitrust investigation related to the freight-forwarding industry. Counsel to multiple traders in connection with DOJ and SEC price fixing and fraud investigation into international dollars and LIBOR investigation. Representation of management officials in DOJ price fixing investigation into air cargo industry. Representation of numerous public and private companies in FCPA compliance and transactional due diligence efforts, and in development of training programs. Counsel to individuals in multiple high-profile FCPA investigations in Europe, Asia, South America, Central America, Africa and the Middle East by the DOJ and SEC.

3 Court Admissions District of Columbia Southern District of New York District of Maryland Northern District of Illinois District of Columbia Circuit Second Circuit Seventh Circuit Ninth Circuit US Supreme Court Representation of an oil executive in an FCPA bribery prosecution. Provision of advice to individuals in United Nations oil-for-food bribery and FCPA investigations. Representation of hospitals and national health systems in DOJ and HHS OIG investigations into kyphoplasty procedures, alleged Medicare fraud and "one-day stay" billings. Counsel to a major home health provider in an internal investigation into billing practices. Provision of advice to a major hospital system in an internal investigation related to Stark and Anti-Kickback Law issues. Counsel to hospitals and national health systems in DOJ and HHS OIG investigations into implantable cardiac defibrillators (ICDs). Representation of a major US hospital system in large $300 million DOJ and HHS OIG Medicare cost report investigation and related False Claims Act qui tam case. Provision of advice to a large US hospital in arbitration related to insurance coverage rate structures. Representation of a former senior US House of Representatives staffer in threeweek trial in federal district court in the District of Columbia. Provision of advice to a former senior US DOJ attorney in DOJ and congressional Abramoff investigation and prosecution. Counsel to a US Senate staffer in DOJ corruption case. Representation of a US House of Representatives staffer in DOJ corruption case. Provision of advice to an oil executive in a DOJ investigation into Department of Interior practices and alleged corruption. Counsel to a former state governor in DOJ corruption investigation and prosecution. Representation of an insurance company in congressional and DOJ investigation of Hurricane Katrina coverage. Counsel to a high-profile FEMA employee in congressional investigation of Hurricane Katrina response. Provision of advice to a senior DOJ official in a congressional investigation into an Abramoff scandal. Representation of a high-profile individual in connection with criminal, civil and congressional investigations into Deepwater Horizon Gulf of Mexico oil spill. Representation of a privately held company that owns and operates television broadcasting stations across the United States in civil shareholder trial in Delaware Court of Chancery.

4 Counsel to a trade association and individuals in connection with DOJ and international Internet gambling investigations. Representation of foreign nationals in connection with DOJ criminal tax investigation into tax shelter practices relating to Sharia law. Counsel to individuals and a trade association involved in DOJ investigations and seizures related to alleged online gambling operations. Provision of advice to an individual in an $800 million government contract fraud investigation. Counsel to multiple individuals in DOJ/OFAC asset seizure cases. Representation of the president and founder of Second Chance Body Armor in DOJ criminal investigation. Provision of advice to a high-profile professional athlete in connection with criminal and regulatory investigations into uses of performance-enhancing drugs. Memberships Federal Criminal Justice Act Panel, District of Columbia University of Michigan Depression Center, National Advisory Board US Sentencing Commission Practitioners, Advisory Group Advisories Fee Advancement Considerations Arise From Recent Delaware and Third Circuit Decisions (July 20, 2015) The Sixth Circuit Reins in the Government's Measure of False Claims Act Damages (May 18, 2015) Developments in White Collar Criminal Enforcement: The Government Remains Aggressive, and the Courts' Reaction Is Mixed (April 6, 2015) Recent Key Bitcoin and Virtual Currency Regulatory and Law Enforcement Developments (November 13, 2014) IRS Issues Pronouncement on Virtual Currencies (April 3, 2014) SDNY Holds No Attorney-Client Privilege Applies to Communications With In- House Legal Department in China (December 13, 2013) Bitcoin: Current US Regulatory Developments (November 26, 2013) CMS Issues Final ACO Regulations (November 10, 2011) Bribery Act 2010: Statutory Guidance Finally Issued (April 18, 2011) Government Issues Eagerly Awaited Proposed ACO Regulations (April 12, 2011) US Sentencing Commission Sends Congress New Requirements for an Effective Compliance and Ethics Program (May 10, 2010)

5 Articles Co-author, A Casualty of War: Reasonable Statute of Limitations Periods in Fraud Cases, Washington Lawyer (February 2014) "When No Knowledge Can Still Be a Dangerous Thing: The Potential Criminal Liability of Officers and Directors of Healthcare Companies for the Acts of Their Subordinates," American Health Lawyers Association Business Law and Governance Journal (December 2008) "Relationships Between the Medical Device Industry and Physicians: Tread Carefully," Psilos Scoop (October 17, 2008) "Fitting a Square into a Circle," Journal of Health Care Compliance (July 1, 2007) "Prosecuting Corporations: The KPMG Case and the Rise and Fall of the Justice Departments 10-year War on Corporate Fraud," American University Washington College of Law, Criminal Law Brief (April 1, 2007) "A Triumph for US Justice," Chicago Sun-Times featured letter (May 9, 2006) Newsletters Corporate and Financial Weekly Digest - Volume IX, Issue 5 (January 31, 2014) Health Care Credentialing Update (November 2011) Health Care Update (November 2011) Health Care Update (October 2010) Health Care Credentialing Update (October 2010) Speaking Engagements & Presentations Speaker Best Practices and the Representation of Individuals in White Collar Criminal Investigations, Washington, DC (September 17, 2015) Speaker, Crisis Management: Responding to Incidents Involving Hazardous Materials Air & Waste Management Association and EPA Colloquium on Waste Information Exchange, Washington, DC (May 14, 2015) Managing Risk: Lessons Learned From a Decade Representing Specialty Practice in Internal and Regulatory Investigations, Washington, DC (July 17, 2014) Risk Management in the Midst of Increased Government Investigations in the Defense Industry, McLean, Virginia (January 8, 2014) Presenter Health Care Industry: Government Investigation Preparedness, Webinar (November 11, 2013) United States Corruption Laws From a Defense Perspective Presentation to international law enforcement and prosecutors, Washington, DC (October 21, 2013)

6 Moderator, Public Corruption, Presented by the Practising Law Institute White Collar Crime 2013: Prosecutors and Regulators Speak, New York, New York (October 1, 2013) When the Government Comes Knocking: What Every Medical Practice Group Should Know in Advance, Washington, DC (June 20, 2013) Navigating the World of Laws and Regulations: Managing Legal Challenges for Small Business Entrepreneurs and Start-Ups University of Maryland Business School, Dingman Center for Entrepreneurship, College Park, Maryland (March 5, 2013) Legal Pitfalls for Start-ups and the Small Business Entrepreneur University of Maryland Business School, Dingman Center for Entrepreneurship, College Park, Maryland (May 8, 2012) Managing Physician Relationships in an Environment of Heightened Security, Washington, DC (March 5, 2012) Financial Investments In Health Care Institutions: A Strategic Approach For Lenders to Managing Risk in an Environment of Heightened Scrutiny, Bethesda, Maryland (November 7, 2011) Best Practices for Electronic Data Retention, Collection and Destruction, Client Presentation, Bethesda, Maryland (November 3, 2011) Rapid Incident Response in Environmental Cases Air Permitting Forum, Washington, DC (October 4, 2011) Speaker, Affirmative Responses to Grand Jury Investigations, Search Warrants and Subpoenas, and Private Contractor and Congressional Investigations The 21st National Institute on Health Care Fraud, American Bar Association, Miami, Florida (May 11, 2011) Speaker, Transparency What It Really Means in the Wake of Health Care Reform Self-disclosure Amidst Increased Investigative and Prosecutorial Activity, Webinar (December 15, 2010) Panelist, White Collar Sentencing: Calculation of Loss and Other Issues Under the Federal Guidelines for Economic Offenses American Bar Association: Third Annual Sentencing & Reentry Institute and Criminal Justice Legal Educators Colloquium, Washington, DC (November 4 5, 2010) Speaker Hot Topics in Corporate Internal Investigations, Washington, DC (October 5, 2010) To Tell or Not to Tell: Voluntary Disclosures Under Stark in the Post-Health Care Reform World, Webinar (September 27, 2010) Presenter, A Strategic Approach to Managing Risk in an Environment of Heightened Scrutiny Not Your Average Fraud Seminar, Chicago, Illinois (June 17, 2010)

7 FCPA and the Cost of Being Wrong ATK Import/Export Annual Conference, Arlington, Virginia (October 14, 2008) Foreign Corrupt Practices Act: Establishing Critical Controls for Routine Interactions? Solving Dilemmas Related to Healthcare Professionals, Charities and Political Activities, Foreign Corrupt Practices Act: Establishing Critical Controls for Routine Interactions? Solving Dilemmas Related to Healthcare Professionals, Charities and Political Activities American Conference Institute: Anti-Corruption for Pharma and Life Sciences Conference, New York, New York (May 1, 2007) Panel Moderator, Zealous Prosecution and the Right to Legal Representation: Paying the Price When Corporate Employees are Charged with White Collar Crime American University Washington College of Law, Washington, DC (February 22, 2007) Rules of the Road for Political Activity: When to Stop and Ask Directions A Political Risk Management Webinar, Washington, DC (January 26, 2006) Who Are You? Defining, Enforcing and Sharing Digital Identity in a Connected Society University of Michigan Business School, 2006 FutureTech Conference: Bridging The Gap? The Always Connected World, Ann Arbor, Michigan (January 24, 2006)