Daniel A. Petalas Principal

Transcription

1 Principal Flour Mill Building 1000 Potomac Street NW Suite 200 Washington, D.C T F dpetalas@gsblaw.com Dan delivers strategic and practical advice to help navigate even the most challenging enforcement, litigation, and compliance matters. Dan Petalas brings to the service of his clients over 18 years of experience in commercial litigation, white collar and government investigations, and political law. In his white collar and government investigations practice, Dan counsels companies, their officers and directors, and other individuals in responding to inquiries and investigations brought by DOJ and other federal and state enforcement agencies. He conducts internal investigations and provides compliance advice to clients in the United States and abroad. Building on his role as a former general counsel and head of enforcement at the FEC, Dan also guides individuals, companies, trade associations, and other groups through the complex regulation of federal and state political advertising and campaign finance activities, lobbying and pay-to-play restrictions, government ethics, congressional inquiries, and related election and political issues. An accomplished trial lawyer and courtroom advocate, Dan also represents businesses and individuals in commercial disputes at all stages of the litigation process from investigation through trial and appeal when necessary. Practice Focus White Collar Defense and Investigations Election and Political Law, Public Policy and Lobbying Litigation Workplace Misconduct Admissions Texas, 1999 District of Columbia, 2000 U.S. Court of Appeals, Fifth Circuit, 2000 U.S. District Court, Northern District of Texas, 2000 U.S. District Court, District of Columbia, 2001 U.S. Court of Appeals, D.C. Circuit, 2002 U.S. District Court, Western District of Texas, 2007 U.S. District Court, District of Puerto Rico, 2011 U.S. District Court, District of Nebraska, 2016

2 Professional Background Dan is the immediate past acting General Counsel and former head of the Enforcement Division of the Federal Election Commission. He managed more than 100 attorneys and staff and supervised the comprehensive litigation, enforcement, and investigative programs of the FEC. He was responsible for overseeing dozens of federal lawsuits before district and appellate courts and advised the Commission in its rulemaking and advisory-opinion processes. He also supervised the resolution of hundreds of enforcement matters and all enforcement investigations and settlements. For nine years prior, Dan was a federal white collar prosecutor with the U.S. Department of Justice in its specialized Public Integrity Section and served also in the U.S. Attorney s Office for the District of Columbia. Dan tried 25 cases to juries and judges and handled numerous appeals in federal circuit courts. As a DOJ prosecutor, Dan worked closely with the FBI and numerous Offices of Inspectors General to investigate the full array of financial and corruption offenses, including fraud, theft, money laundering, embezzlement, bribery, false statements and obstruction of justice, among others. Dan was a member of the team that investigated and prosecuted the Jack Abramoff-related lobbying scandal, resulting in 21 guilty pleas and convictions. Dan also supervised multiple OIGs in a multi-year proactive investigation of kickback schemes at GSA, and U.S. Tax Court facilities, resulting in 11 guilty pleas. Dan also supervised the investigation of a former federal judge and represented DOJ in connection with his impeachment based on the evidence obtained during that investigation the first removal from office of a sitting federal district judge in more than two decades and only the eighth such instance in history. Before his federal government service, Dan was a litigation associate in the Dallas, Texas and Washington, D.C. offices of Vinson & Elkins, LLP for several years. He defended businesses in the energy, insurance, and media sectors against qui tam and FCA disputes, civil RICO allegations, class actions, international arbitration proceedings, and court challenges to administrative agency rulings. He also successfully defended clients in the news and television broadcast sectors in federal court and before the Fifth Circuit against defamation and invasion of privacy claims. After law school, Dan served as a law clerk to the Honorable Thomas M. Reavley on the U.S. Court of Appeals for the Fifth Circuit. Prior Prosecutorial Experience Investigation and prosecution in Jack Abramoff lobbying scandal. Member of DOJ team that investigated and prosecuted the Jack Abramoff-related lobbying scandal, resulting in 21 guilty pleas and convictions. Multi-year investigation into kickback schemes within U.S. government facilities. Supervised large team of prosecutors and special agents of FBI and OIGs in multi-year

3 undercover investigation of kickback schemes at GSA and Tax Court facilities, using cooperators, consensual recordings, and search and arrest warrants, resulting in guilty pleas of 11 individuals for bribery and conspiracy and $705,000 in court-ordered fines and restitution. Investigation into bribery and conspiracy allegations involving Rhode Island legislature. Conducted joint investigation with the U.S. Attorney s Office in Rhode Island into bribery and conspiracy allegations involving members of the state legislature, pharmacy companies and a health insurance company, resulting in conviction of two legislators and deferred prosecution agreement with health insurer requiring payment of $20 million fine. Investigation into Comptroller of Chicago relating to kickback allegations. Oversaw multi-year FBI investigation leading to the indictment of Comptroller of Chicago for his receipt of approximately $520,000 in kickbacks for steering $250 million in state pension fund transactions to a broker while serving as Deputy Treasurer of Ohio. Investigation of former federal judge and subsequent congressional impeachment proceedings. Supervised multi-year FBI investigation of former federal judge and represented DOJ in successful congressional impeachment proceedings based on evidence obtained during the investigation, the first removal from office of a sitting federal district judge in more than two decades and only the eighth in history. Prosecution of former National Security Adviser involving theft of classified records. Member of the DOJ team that prosecuted former-national Security Adviser for theft from National Archives of classified records sought in connection with review of the 9-11 Commission, and separately supervised comprehensive OIG investigation into the circumstances leading to that incident. Investigations into bribery and kickback schemes in U.S. government contracts. As a member of DOJ s National Procurement Fraud Taskforce reviewing the handling of U.S.- Iraq reconstruction funds, Dan supervised FBI, OIG, and Army DCIS investigations into bribery and kickback schemes involving tens of millions in fraudulently administered U.S. government contracts in Iraq, resulting in the pleas and convictions of multiple military personnel and other defendants. Education University of Texas School of Law, J.D. with honors, 1998 Managing Editor, Texas Law Review Texas A&M University, M.A. English, 1995

4 California State University, Fullerton, B.A. English, 1992 Experience Defense of international NGO against bribery claims Conducted internal review and persuaded Office of Inspector General (OIG) to decline to further investigate or prosecute international NGO in connection with alleged bribery scheme involving company employee in Afghanistan. Defense of alleged False Claims Act violations and fraud Conducted internal investigation and defending against OIG and agency procurement investigations of alleged False Claims Act (FCA) violations. Representation of senior officer in parallel investigations by DOJ and OIG Currently representing senior officer of Fortune 50 company against parallel civil, criminal, and administrative investigations by U.S. Department of Justice and agency OIG alleging violations of FCA and federal procurement laws. Representation of asset management company in FBI and DOJ public corruption investigation Currently representing Fortune 500 asset management company in connection with FBI and DOJ public corruption investigation. Representation of logistics company in DOJ investigations Currently representing moving and logistics company in connection with U.S. Department of Justice investigation into alleged FCA violations. Representation of U.S. company relating to FCPA issues in Africa Represented and advised U.S. company operating in high-risk African country in connection with Foreign Corrupt Practices Act compliance and enforcement issues. Representation of company in FBI public corruption investigation Represented company in connection with federal grand jury subpoena for records issued by U.S. Attorney s Office in FBI public corruption investigation. Representation of individual facing federal bribery and obstruction of justice allegations Representing individual in FBI and OIG investigation of alleged federal bribery and obstruction of justice. Representation of international supplier in export compliance Represented international supplier in export compliance matters involving trade under the Cuba sanctions programs of the Office of Foreign Asset Control (OFAC) and the Bureau of Industry and Security (BIS).

5 Defense of transportation companies in federal enforcement actions Defended multiple freight transportation companies against federal enforcement actions involving the movement of hazardous materials in interstate commerce. Representation of senior managers relating to judicially-forced auction process Currently representing senior non-shareholder managers of $1 billion privately-held company, individually and as a group, in multiple venues relating to judicially-forced auction process. Representation of Section 1983 plaintiff Currently representing a Section 1983 plaintiff in litigation in the Southern District of New York and U.S. Court of Appeals for the Second Circuit. Defense of global company in breach of contract allegations by UK-based vendor Successfully defended company with operations in more than 70 countries in threatened international arbitration with UK-based vendor involving breach of contract in Middle East. Representation of large advocacy group that seeks to quash non-party document and deposition subpoenas Currently representing 4,000 member advocacy group seeking to intervene and quash nonparty document and deposition subpoenas served on group s political consultant in New York state court. Formation of political party committees Advised on formation of national, state, and local political party committees. Representation of former presidential candidate s campaign committee Currently representing the campaign committee of former presidential candidate on campaign finance and other political law issues. Representation of nonprofits in relation to campaign finance and political law issues Currently representing multiple non-profit entities in connection with nationwide local, state, and federal campaign finance and political law issues. Representation of campaign-finance oversight group seeking to prohibit superpacs from receiving unlimited contributions Currently representing campaign-finance oversight group in federal lawsuit against Federal Election Commission seeking to enforce federal statute that prohibits superpacs from receiving unlimited contributions. Representation of publicly traded company relating to advice about campaign finance and lobbying laws Currently representing major publicly traded company concerning state and federal campaign finance, lobbying, and other political law compliance advice.

6 Representation of state gubernatorial candidate Retained to provide campaign-finance advice to candidate for state governor. News Dan Petalas Quoted on Government Plea Bargaining Strategies in The Associated Press The Associated Press, Dan Petalas Quoted in The Center for Public Integrity on Likelihood of FEC Investigation Into President Trump's Payment to Adult-Film Actress The Center for Public Integrity, Dan Petalas Quoted in The Washington Post About Cambridge Analytica's Alleged Involvement in Trump Campaign The Washington Post, Dan Petalas Quoted by The Associated Press About Issues in Corruption Case Against Former U.S. Congressman The Associated Press, Dan Petalas Interviewed on CBS KNX 1070 to Discuss Significance of Rick Gates' Plea to Special Counsel s Investigation into Russian Influence in 2016 Presidential Election CBS KNX 1070 NEWSRADIO, Dan Petalas Quoted in Reuters About Social Media Platforms Amping up Scrutiny Measures to Prevent Tampering in U.S. Elections Reuters, Dan Petalas Quoted in The Center for Public Integrity and Salon on Investigation Into PAC's Solicitation and Spending Practices The Center for Public Integrity / Salon, Dan Petalas Quoted in The Washington Post on the Departure of FEC Commissioner Lee Goodman The Washington Post, Dan Petalas Quoted in The New York Times About Political Attacks Against DOJ The New York Times, Dan Petalas Quoted in The Associated Press About DOJ Decision to Retry Sen. Robert Menendez and Salomon Melgen The Associated Press,

7 Dan Petalas Quoted in The Toronto Star on Indictment of Ex-Trump Campaign Officials The Toronto Star, Dan Petalas Quoted in The Center for Public Integrity on Political Committees' Non- Compliance in Paying FEC Fines The Center for Public Integrity, Dan Petalas Was Quoted in The Toronto Star on Obstruction Probe Into President Trump The Toronto Star, Dan Petalas Quoted in USA Today Regarding James Comey s Senate Testimony on President Trump USA Today, Dan Petalas Quoted in The Washington Post Concerning the Use of Campaign Funds to Pay the Personal Legal Expenses of the President The Washington Post, Dan Petalas Discusses Appointment of Special Counsel Robert Mueller III Who Serves in the Investigation of the President for Possible Obstruction of Justice KNX 1070 Newsradio, Dan Petalas Was Quoted in The Washington Post Concerning the Challenges Inherent in an Obstruction Prosecution The Washington Post, Dan Petalas Quoted in The Washington Post Regarding Payments the Trump Campaign Made to a Business Associate of Former National Security Advisor The Washington Post, Dan Petalas Discusses Law of Immunity From Prosecution Regarding Potential Congressional Testimony of Former National Security Advisor Michael Flynn KNX 1070 Newsradio, Dan Petalas Quoted in Mother Jones Concerning the Possible Personal Use of Campaign Funds by Deputy National Security Advisor K.T. McFarland Mother Jones, Dan Petalas Provides Insights on Possible Congressional Oversight Hearings of Federal Election Commission in The Center for Public Integrity The Center for Public Integrity, Dan Petalas Quoted in The Washington Post on Departure of FEC Commissioner Ann Ravel The Washington Post,

8 Don't Miss It: Hot Deals & Firms We Followed This Week Law360 (subscription required), GSB Serves as Special Government Contract Counsel to Salient CRGT for Its Recent Acquisition of Information Innovators, Inc. GSB Newsroom, Dan Petalas Quoted in OpenSecrets.Org on Increase of Lobbying and Political Spending of Large Tech Companies After Going Public OpenSecrets.org, Dan Petalas Quoted in Time Article on the Challenges the Federal Election Commission Faces in 2017 Time, Dan Petalas Comments in Boston Globe Article About Multiple Federal Investigations into Law Firm s Political Donations Boston Globe, Dan Petalas Quoted in The Boston Globe Concerning Reimbursement for Political Donations The Boston Globe, Dan Petalas Quoted in the Washington Post on the issue of Juanita Broaddrick s debate-night claims Washington Post, Dan Petalas Comments on Campaign Financing Laws and FEC Investigations in the Washington Post The Washington Post, Bloomberg BNA Quotes Dan Petalas on Federal Court Ruling That Faulted FEC for Failure to Enforce Disclosure on Nonprofits Bloomberg BNA, Daniel A. Petalas Joins Garvey Schubert Barer as Owner in Washington, D.C. Office GSB Press Release, Speaking Engagements "Foreign Interference in the 2016 Elections: The Vulnerabilities of the Law Exposed," Campaign Legal Center Event Panel Discussion Washington, D.C.,

9 Legal Alerts The Fate of Chinese Investment and CFIUS in the Time of Trump Commercial Use of Small UASs a Few Pointers GSB Client Update, The Art of FCPA Compliance in China GSB Client Update, Publications Examining Foreign Interference in U.S. Elections Campaign Legal Center, Texas State Law, in 50-State Survey: Media Privacy and Related Law Libel Defense Resource Center, The Reporters Privilege in the Fifth Circuit The Reporters Committee for Freedom of the Press, A Plea for Return to Evidence Rule 702 Texas Law Review,