Criminal Defense

Our White Collar Criminal Defense group is frequently retained by corporate and individual clients who have been identified as witnesses in, or subjects or targets of, ongoing investigations. We have had great success in minimizing our clients’ exposure, frequently helping them avoid regulatory sanctions and criminal prosecution. We are also experienced trial lawyers and have an excellent track record in criminal trials and appeals.

Our Paris team has extensive trial experience before a wide variety of French courts, and notably the French financial prosecutor (PNF – Parquet national financier) regarding white collar criminal cases.

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John Gibson spoke with Financial News to discuss the Financial Conduct Authority’s recent warning that the agency is keeping a close eye on the use of unauthorised messaging apps in finance.

“The really critical thing for firms to do is to not ignore warning signs… [or] turn a blind eye to situations in which they [firms] know that private devices are being used for business purposes,” said John, adding that doing so represented “unquestionably [a] failing in your regulatory obligations.”

“The way in which people are working remotely and using chat applications, is storing up risk for both institutions, and for their potential supervision and enforcement of the rules,” added John. (Subscription required.)

Tim Harris spoke with Law360 to discuss the Financial Conduct Authority’s first prosecution of a UK bank for failing to comply with anti-money laundering rules. Tim observed that the prosecution "crystallizes the criminal risk for firms.” He added that "Up until now the criminal aspects of the money laundering regime, at least for firms, have been somewhat theoretical. For a U.K. retail bank to be prosecuted is a watershed moment and shows the FCA coming good on its goal to give teeth to the regime." He also provided his thoughts on the court’s approach to sentencing in the event the bank pleads or is found guilty and also the potential application of the Senior Managers Regime. (Subscription Required)

Richard Kovalevsky QC spoke with Law360 about the UK Serious Fraud Office's probe into one of the world's biggest bribery scandals. "In a normal period of time you would say it was a success for SFO, but there have been difficulties along the way," said Richard Kovalevsky QC of Cohen & Gresser LLP, adding that "the overall success of the case is probably freestanding" from criticism leveled at the SFO. Richard added that he “wouldn't rush to judgment on Osfosky's interaction with the go-between until everything is clear." (Subscription Required)

On 5 February 2021, the Supreme Court of the United Kingdom handed down a landmark judgment, delivering a decisive victory to KBR Inc. and agreeing to the arguments presented by Cohen & Gresser’s Richard Kovalevsky QC and the rest of the KBR legal team. The Supreme Court held that the Serious Fraud Office (SFO) could not compel a foreign company to produce documents held abroad under Section 2(3) of the Criminal Justice Act of 1987. The decision was covered by the following publications:
On 5 February 2021, the Supreme Court of the United Kingdom handed down a landmark judgment, delivering a decisive victory to KBR Inc. and agreeing to the arguments presented by Cohen & Gresser’s Richard Kovalevsky QC and the rest of the KBR legal team. The Supreme Court held that the SFO could not compel a foreign company to produce documents held abroad under Section 2(3) of the Criminal Justice Act of 1987.

John W Gibson speaks to Law360 about the recent memorandum of understanding announced by the Serious Fraud Office (SFO) and the Competition and Markets Authority that shifts responsibility for the enforcement of the most serious and complex cartel offenses to the SFO.

International law firm Cohen & Gresser today announced that Richard Kovalevsky QC, a distinguished barrister and Queen’s Counsel, will join the firm’s White Collar Defense & Regulation group as a partner in its London office. As head of Criminal Defense for the London office, Richard’s hire will bolster Cohen & Gresser’s highly-regarded White Collar Defense practice and strengthen the firm’s ability to provide clients with sophisticated and strategic guidance on the most complex government and internal investigations.

Cohen & Gresser announces the expansion of its white collar defense offering with the appointment of Tim Harris as a senior associate in the firm’s London office. Tim brings a long track record as a financial crime lawyer and will focus primarily on white collar matters, including internal and regulatory investigations. He also provides noncontentious advice with respect to tax evasion, antibribery and corruption, and antimoney laundering regulations.
Cohen & Gresser announces the expansion of its London office and White Collar Defense & Regulation group with the appointment of partner John W Gibson. A former UK Serious Fraud Office (SFO) senior prosecutor, John will focus his practice on cross-border corporate investigations and white collar defense. He has over 25 years of experience as a barrister, and advises on all matters relating to law enforcement, regulatory and internal investigation of suspected crimes and regulatory breaches, as well as the defense of companies and individuals. In addition, John has expertise in data strategy and the use of artificial intelligence (AI) in big data litigation and investigations.
U.S. News & World Report and Best Lawyers have recognized Cohen & Gresser as a New York Best Law Firm for white collar criminal defense. The Best Law Firms rankings are based on an in-depth review process, and recognize professional excellence and strong ratings from clients and peers.
U.S. News & World Report and Best Lawyers have recognized Cohen & Gresser as a New York Best Law Firm for white collar criminal defense. These rankings are based on an in-depth review process, and recognize professional excellence and strong ratings from clients and peers.
In his latest column for Federal Bar Council Quarterly, C Evan Stewart revisits the trial of O.J. Simpson.

Ron Wick moderated this second installment in the Civil Practice & Procedure Committee's Class Action Series, which offered insights into best practices in presenting and rebutting economic evidence, including retaining and working with experts; tactical considerations and evidentiary issues unique to class actions; and the impact of the Supreme Court's most recent class certification decisions on antitrust class actions.