Michael J. Gilbert

Michael Gilbert is a partner in the Governmental Practice in the firm's New York office, focused on government and internal investigations, compliance policies and procedures and white collar criminal defense. He also has an active civil litigation practice.

Areas of Practice

Michael, a former federal prosecutor, served as an Assistant U.S. Attorney (AUSA) in the Southern District of New York prior to entering private practice. While serving as an AUSA, he investigated and prosecuted matters involving a wide variety of federal criminal laws, including mail and wire fraud, bribery, healthcare fraud and violations of the Foreign Corrupt Practices Act (FCPA). He represented the government in numerous jury trials and argued appeals before the U.S. Court of Appeals for the Second Circuit.

In private practice, Michael has focused on government and internal investigations and white collar criminal defense. He advises individuals and companies in a range of industries – including financial services, healthcare, life sciences, fintech and cryptocurrency – in navigating sensitive, complex government investigations conducted by a range of enforcement authorities, including the U.S. Attorney’s Offices for the Southern and Eastern Districts of New York, the Enforcement Division of the Securities and Exchange Commission, the New York Attorney General’s Office, the New York City Department of Investigation, and the Manhattan District Attorney’s Office.

Michael has also represented individuals and entities in connection with matters under investigation by regulators and enforcement authorities in other countries, including Canada, Hong Kong, Luxembourg, and the United Kingdom. Michael has extensive experience with FCPA matters and is regularly consulted about FCPA issues in the context of transactions such as potential mergers and acquisitions. He has extensive experience with criminal tax investigations. Michael provides advice on compliance policies and procedures, including in the Anti-Money Laundering and Bank Secrecy Act compliance. He regularly assists investors in due diligence when considering if counterparties or proposed business partners are in compliance with applicable rules and regulations. Michael also litigates civil cases, including cases arising under the False Claims Act and securities enforcement issues.

Industry Focus

Michael is a member of various Sheppard Mullin industry teams, including Blockchain & Digital Assets, Cannabis, Life Sciences, and Healthcare.

Particularly in the crypto area, Michael brings his background as a federal prosecutor and extensive experience with SEC and CFTC Enforcement investigations to an industry that is the focus of intense regulatory scrutiny. His experience in this sector includes representing one of the larget cryptocurrency exchanges in connection with a Grand Jury investigation, among other matters.

Experience

Institutional Representations

• Representation of a cryptocurrency exchange in connection with an OFAC sanctions investigation
• Representation of a Brooklyn-based business in connection with an investigation of alleged unlawful “structuring” and money laundering.
• Representation of a hedge fund in connection with an insider trading investigation of a current and former portfolio manager.
• Representation of a hedge fund in responding to subpoenas from the SEC relating to an insider trading investigation.
• Representation of a non-profit agency in connection with investigations by the New York Attorney General, the New York City Department of Investigations and the U.S. Attorney’s Office for the Southern District of New York of alleged financial improprieties.
• Representation of a boutique investment bank in a civil case alleging negligent misrepresentation in connection with a merger.
• Representation of a Hong Kong-based hedge fund in connection with a market manipulation investigation and a civil defamation action in New York State Supreme Court.

Individual Representations

• Represented over thirty employees of financial institutions involved in the SEC off-channel communications sweep enforcement initiative.
• Represented over thirty employees of financial institutions involved in the SEC off-channel communications sweep enforcement initiative.
• Representation of a cryptocurrency exchange in connection with an OFAC sanctions investigation
• Representation of an asset manager in connection with an SEC Enforcement inquiry related to a cryptocurrency fund offering
• Obtained complete dismissal of criminal charges for an individual who had been indicted by the U.S. Attorney’s Office for the Southern District of New York in a tax fraud case.
• Obtained a complete dismissal of criminal charges for a Mexican national who had been indicted by the U.S. Attorney’s Office for the Southern District of New York for money laundering.
• Representation of a London businessman in a FCPA investigation by the SEC and U.S. Attorney’s Office for the Eastern District of New York.
• Representation of a former employee of a major investment bank in connection with a FCPA investigation by the SEC and Department of Justice.
• Representations of several employees of a major investment bank in connection with an investigation by law enforcement authorities in several jurisdictions in connection with the setting of LIBOR.
• Representation of a former Chief Compliance Officer of an investment advisor whose owner was indicted for operating a Ponzi scheme.
• Representation of an executive of a major investment bank regarding residential mortgage-backed securities.
• Representation of a former employee of a major investment bank in connection with auction rate securities.
• Representation of an individual in a criminal tax prosecution by the U.S. Attorney’s Office for the Southern District of New York.

Honors

New York Metro Super Lawyers, Super Lawyers, 2022

Articles

Corporate & Securities Law Blog

• "Latest Round of SEC 'Off-Channel' Communications Settlements Highlights Risks for Investment Advisers and Benefits of Self-Reporting," August 27, 2024
• "What Private Equity Firms Need to Know About the Ongoing SEC Investigation of “Off-Channel” Communications," April 19, 2024
• "Treasury Announces Renewed Push for Investment Adviser AML Rules," January 9, 2024
• "SEC Shifts Focus on Employees’ Off-Channel Business Communications to Investment Advisers," November 11, 2022
• "June 2022 Crypto Enforcement Actions and Regulatory Guidance Roundup," July 19, 2022
• "May 2022 Crypto Enforcement Actions and Regulatory Guidance Roundup," June 6, 2022

Government Contracts and Investigations Blog Posts

• "FCA Whistleblowers – No More?," October 2, 2024
• "SEC Off-Channel Communications Sweep," May 24, 2023

• "The Second Circuit Court of Appeals Finds That French Banker Need Not Travel to the United States to Seek Dismissal of Her Indictment," August 16, 2021

Healthcare Law Blog Posts

• "Sutter Health Settles Medicare Fraud Case For $90 Million: The Largest Settlement For Medicare Advantage Fraud," September 13, 2021

White Collar & Government Enforcement Blog Posts

• "Congress’s Recent 'Technical' Amendments to the Foreign Extortion Prevention Act Change Key Aspects of the New Law," August 19, 2024
• "DOJ Plans to Apply the New Whistleblower Rewards Pilot Program to FCPA Cases," April 15, 2024
• "Sanctions Enforcement in the Cryptocurrency Industry Continues to be a Focus," December 21, 2023
• "Corrupt Foreign Leaders Now on the Hook for Bribery Charges: Congress Passes the Foreign Extortion Prevention Act," December 19, 2023
• "'Take Five' – A Guide to Invoking the Fifth Amendment in Civil Cases," December 14, 2023

• "OFAC Sanctions Crypto Mixer Following Allegations of Laundering Funds to North Korea," December 4, 2023
• "Voluntary Self-Disclosure of FCPA Violations Following Acquisition Avoids Corruption Charges," November 21, 2023
• "Albermarle Agrees to Pay $218 Million to Settle Foreign Bribery Probe," October 4, 2023

Media Mentions

Events

Memberships

Board Member, New York Office of the Appellate Defenders

Digital Media