Michael S. Schachter Partner MAIN OFFICE: New York Willkie Farr & Gallagher LLP 787 Seventh Avenue New York, N.Y. 10019-6099, U.S.A. T 212-728-8102 F 212-728-9102

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Michael S. Schachter is a partner in the Litigation Department of Willkie Farr & Gallagher LLP in New York.  Mr. Schachter specializes in white collar criminal defense, regulatory enforcement matters, internal investigations, and complex commercial litigation.

Prior to joining Willkie, Mr. Schachter served as an Assistant United States Attorney in the Southern District of New York, where he focused on criminal prosecution of securities fraud and was a member of the office’s Securities and Commodities Fraud Task Force.  In that role, Mr. Schachter worked closely with the staff of the Securities and Exchange Commission, NASD, and the New York Stock Exchange in connection with parallel civil investigations of criminal matters.  Mr. Schachter investigated and prosecuted a wide variety of violations of the federal securities laws, including accounting fraud, insider trading, and market manipulation.  In addition to securities matters, Mr. Schachter has significant experience in health care fraud, bank fraud, money laundering, and other white collar criminal matters.  Mr. Schachter has tried numerous jury trials and argued many appeals in both federal and state courts.

During his tenure as a prosecutor, Mr. Schachter was responsible for some of the nation’s highest profile white collar prosecutions.  Among Mr. Schachter's prominent trial victories was the conviction of Martha Stewart and her broker, Peter Bacanovic. He was also responsible for the investigation and prosecution of Samuel Waksal, the former chief executive officer of ImClone Systems.

Recent Criminal, Enforcement and Investigative Representations:

• Represented international health care provider in options backdating investigation, resulting in no charges being brought by either the DOJ or SEC and dismissal of shareholder derivative and class action lawsuits.
  
  
• Represented Audit Committee of the City of San Diego in investigation of issues relating to integrity of the City’s pension system and financial reporting.
  
  
• Represented Audit Committee of Seracare Inc. in investigation of accounting and financial reporting issues.
  
  
• Represented former general counsel of Hollinger, Inc. in four-month federal criminal trial of United States v. Conrad Black, et al. (N.D. Ill.).
  
  
• Representing former chief marketing officer of Penn Traffic, Inc. in defense of federal criminal securities fraud charges pending in United States v. Leslie Knox (N.D.N.Y.).
  
  
• Represented former CEO of national retailer in accounting fraud investigation, resulting in no charges being brought by the DOJ or SEC.
  
  
• Represented former CFO of financial institution in accounting fraud investigation, resulting in no charges being brought by the DOJ or SEC.
  
  
• Represented global head of trading of Fortune 100 energy company in market manipulation investigation, resulting in no charges being brought by the DOJ or SEC.
  
  
• Represented former chief risk officer of multinational financial institution in securities fraud investigation, resulting in no charges being brought by the DOJ or SEC.

Recent Litigation:

• Successfully defended major accounting firm in arbitration against wrongful termination claims brought by former partner and director, obtaining defense verdict on all claims.

Pro Bono:

• Mr. Schachter serves on the Criminal Justice Act Panel for the Southern District of New York, defending indigent individuals facing federal criminal charges.
  
  
• Successfully secured from Illinois’ highest court the reversal of a death sentence imposed on Earl Hawkins, a defendant who had been advised by his corrupt attorney that the only path to acquittal was to bribe the presiding judge. 

Mr. Schachter’s publications include:

• Co-author of the Criminal and Enforcement Litigation Chapter of ABA's 2007 Annual Review of Developments in Business and Corporate Litigation
  
  
• “Can SEC/DOJ Cooperation Ever Cross the Line?:  What is Left Of U.S. v. Scrushy in the Wake of the Ninth Circuit’s Reversal of U.S. v. Stringer,” Securities Regulation & Law Report (BNA, Inc., April 28, 2008)
  
  
• “Mixed Messages From Government on Suspicious Activity Reports,” New York Law Journal ( March 17, 2006)

Mr. Schachter’s speaking engagements include:

• Panelist, Internal Investigations, Mealey’s Insurance and Reinsurance Corporate Counsel Conference.
  
  
• Panelist, Defending the White Collar Case: In and Out of Court, National Association of Criminal Defense Lawyers.
  
  
• Lecturer, Representing Corporations in Securities Fraud Investigations, Practising Law Institute.