Representative Experience

Ken has successfully advised clients on and represented clients in numerous significant matters, most recently including:

Internal Investigations

• Conducted an internal investigation for the Audit Committee of a public international pharmaceutical company of allegations related to the Company’s financial statements, public statements, and management integrity.*
• Conducted an internal investigation for the Audit Committee of a public real estate development and management company of whistleblower allegations related to the Company’s financial statements and corporate expenditures.*
• Conducted an internal investigation for a multi-billion dollar fund related to potential fraud and conversion by a former executive officer.*
• Conducted an internal investigation of a public automotive supply company involving whistleblower allegations of accounting fraud.*
• Conducted internal investigations for a leading state university system involving issues of accounting, disclosures, and documentation.*
• Conducted an internal investigation for a not-for-profit institution involving alleged misuse of charitable resources.*
• Conducted an internal investigation for a major financial institution involving allegations of fraud relating to the institution’s credit lending and audit practices.*
• Conducted an internal investigation for a not-for-profit corporation involving allegations of accounting fraud.*

State, Federal, and Global Investigations and Enforcement Matters

Companies

• Represented an international financial services company in an investigation by the CFPB regarding its loan servicing platform and other technology services provided. The matter was concluded without any enforcement action brought against our client.*
• Represented a hedge fund advisor in investigations by the DOJ and SEC regarding foreign account issues. The investigation was concluded without any charges being brought against our client.*
• Represented a large real estate investment firm in an investigation by the NYAG involving “pay-to-play” practices in connection with public pension fund investments. The investigation was kept confidential and concluded without any charges being brought against our client.*
• Represented multiple fintech apps in investigations by the CFPB, NY Department of Financial Services, and other state regulators on issues involving online lending, interest rates categorized as “tips,” monthly memberships at lending companies, and other consumer fees.*
• Represented a Middle Eastern oil and gas company in large-scale and well-publicized FCPA investigations by the SEC and DOJ.  The investigation was kept confidential and concluded without any charges or civil claims being brought against our client.*
• Represented a real estate investment firm in a joint investigation by the DOJ and the Federal Housing Finance Agency Inspector General’s Office. The investigation was kept confidential and concluded without any charges or civil claims being brought against our client.*
• Represented an international financial services company in an investigation by the CFPB regarding its loan servicing platform and other technology services provided. The investigation was concluded without any charges being brought against our client.*
• Represented a major construction company in an EDNY U.S. Attorney’s Office investigation of the company’s billing practices, which was resolved by a deferred prosecution agreement, and also in state and federal qui tam cases related to the same conduct, which were dismissed on motion after briefing and arguments.*
• Represented a futures, options and equity trading firm and its principal in a Regulation SHO investigation by the SEC and SROs. The investigation was concluded without any charges being brought against our client.*
• Represented a prominent proprietary trading firm and registered broker-dealer in SEC v. Galleon Management, LP, et al. and SEC v. Cutillo, et al., insider trading cases in the SDNY.*
• Represented the Swiss banking operations of a major international bank as Independent Examiner in connection with a DOJ Tax Division Program offering Non-Prosecution Agreements for Swiss banks.*

Executives and Other Individuals

• Represented a former senior executive of a financial institution in an investigation by U.S. and global law enforcement authorities of potential criminal conduct involving the alleged theft of over $3.5 billion from the Malaysian government-owned 1MDB investment company, and related civil litigations. The investigation and litigations were concluded without any criminal or civil charges being brought against our client.*
  • Represented a senior officer of the private banking division of an international investment bank in an investigation by the SEC related to accounting and disclosure issues. The matter settled favorably.*
  • Represented a former portfolio manager of the hedge fund division of a U.K. alternative investment company in an investigation by the SEC and FCA. The investigations were concluded without any charges being brought against our client.*
  • Represented a hotel owner in an investigation by the U.S. Department of Justice Fraud Section involving alleged mortgage fraud in excess of US$500 million. The investigation was concluded without any charges being brought against our client.*
  • Represented former New York City Police Commissioner Bernard Kerik in criminal cases in the Bronx and U.S. District Court for the SDNY.*

Criminal Trials and Appeals

• Represented Matthew Connolly, former manager at Deutsche Bank, in U.S. v. Connolly, et al. as lead counsel at trial and appeal in a matter involving allegations of wire fraud in connection with LIBOR submissions brought by the Department of Justice in the Southern District of New York. Following a split jury verdict, our client was not sentenced to any term of incarceration after a significant sentencing departure. The Second Circuit ultimately overturned all counts of conviction and directed judgments of acquittal. Our precedent-setting victory was recognized by The American Lawyer. Our work in this case was nominated by Global Investigations Review (GIR) as Most Important Case of the Year for its impact on future investigations and by Law360 for initially securing a sentencing ruling without any period of incarceration.*
• Represented David Gibson, former Chief Financial Officer of Wilmington Trust Corporation, in U.S. v. Gibson, et al. as co-lead counsel at trial and on appeal in a matter involving allegations of accounting and securities fraud brought by the U.S. Attorney’s Office for the District of Delaware. Our client’s conviction was overturned on all counts in a matter of first impression for the Third Circuit and the remanded counts were dismissed by the District of Delaware. The related SEC litigation was settled favorably. Our victories in this case have been recognized by The American Lawyer.*

Pro Bono Counsel

• Pro bono counsel to Kaiser’s Room, a non-profit organization focused on providing arts programming to children with varying developmental profiles.*

*Matters handled prior to joining Foley.