Michael S. Schachter

Partner

New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
T 212 728 8102
F 212 728 9102
mschachterwillkie.com

Michael is a partner in the Litigation Department, and Chair of the firm's White Collar Criminal Defense Practice Group. His practice focuses on the representation of financial institutions, investment advisers, public companies and their executives in white collar criminal defense, securities enforcement matters, internal investigations, and complex commercial litigation. Chambers USA (2016) ranks Michael among the leading individuals focusing on Litigation: White-Collar Crime & Government Investigations, citing his "exceptional judgment, great client skills and amazing credibility with government lawyers." Michael has been consecutively recognized by Ethisphere Magazine as one of the "Attorneys Who Matter" (2010-2015) in the area of securities.

Highlights

Michael is a partner in the Litigation Department, and Chair of the firm's White Collar Criminal Defense Practice Group. His practice focuses on the representation of financial institutions, investment advisers, public companies and their executives in white collar criminal defense, securities enforcement matters, internal investigations, and complex commercial litigation. Chambers USA (2016) ranks Michael among the leading individuals focusing on Litigation: White-Collar Crime & Government Investigations, citing his "exceptional judgment, great client skills and amazing credibility with government lawyers." Michael has been consecutively recognized by Ethisphere Magazine as one of the "Attorneys Who Matter" (2010-2015) in the area of securities.

Selected Significant Matters

Criminal and Enforcement Representations:

  • Defending former head of Rabobank’s liquidity and finance desk against charges of manipulating the LIBOR in United States v. Anthony Allen.
  • Defended former general counsel of Hollinger, Inc. in the highly publicized four-month federal criminal trial of United States v. Conrad Black, et al. (N.D. Ill.).
  • Represented Alcatel-Lucent in DOJ and SEC Foreign Corrupt Practices Act investigation.
  • Represented global health care provider in DOJ and SEC options backdating investigation.
  • Represented Bloomberg for Mayor 2009 in connection with the prosecution of a former campaign official for defrauding Mayor Bloomberg in People v. John Haggerty.
  • Defended former chief marketing officer of Penn Traffic against criminal securities fraud charges in United States v. Leslie Knox (N.D.N.Y.).
  • Obtained dismissal of all charges against attorney facing federal mortgage fraud charges in United States v. Meyers, et al. (S.D.N.Y.)

Audit Committee Investigations:

  • 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 one of Korea’s largest companies in investigation conducted in Korea and the U.S. of accounting and financial reporting issues.
  • Represented Audit Committee of Seracare Inc. in investigation of accounting and financial reporting issues.

Civil Litigation:

  • Defended major accounting firm in arbitration against wrongful termination claims brought by former partner and director, obtaining defense verdict on all claims.
  • Successfully defended investment manager Kingdon Capital Management in arbitration against claims brought by former senior executive.
  • Defended major accounting firm in civil action brought by investor in alleged tax shelter.
  • Represented hedge fund in civil action to recover losses suffered in Ponzi scheme.

Pro Bono:

  • Michael 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.
  • Obtained dismissal of federal criminal charges against Sierra Leone citizen wrongfully charged in narcotics conspiracy.

Prior Experience

Prior to joining Willkie, Michael 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 Securities and Commodities Fraud Task Force. In that role, Michael worked closely with the staff of the Securities and Exchange Commission, FINRA, and the New York Stock Exchange.

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

Selected Professional and Business Activities

Michael serves on the board of directors of the New York City Bar Fund.

Selected Publications and Lectures

Michael’s publications include:

  • "Government’s Burden in Insider Trading Cases Clarified," Financial Fraud Law Report (February 2013)
  • "Second Circuit Decision Clarifies the Standard for Claims of Aiding and Abetting Securities Fraud," Financial Fraud Law Report (February 2013)
  • "Defending an FCPA Books and Records Violation," New York Law Journal (January 24, 2013)
  • "'SEC v. Obus': Second Circuit Clarifies Standards for Insider Trading," New York Law Journal (December 18, 2012)
  • "The Accidental Tipper: Personal Benefit Requirement for Insider Trading," New York Law Journal (September 27, 2010)
  • "But I Was the Client: The Attorney-Client Privilege As Applied to Former Officers and Directors," BNA’s Corporate Counsel Weekly (January 28, 2009)
  • Co-author of the Criminal and Enforcement Litigation Chapter of ABA's 2009 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)

Michael’s speaking engagements include:

  • Panelist, Lessons Learned from Recent White Collar Trials, White Collar Crime: 2016 Prosecutors and Regulators Speak, Practising Law Institute.
  • Panelist, Lessons From Recent Trials, 5th Annual White Collar Crime Institute, New York City Bar.
  • Panelist, Enforcement and Compliance, Ninth Annual Directors’ Institute on Corporate Governance, Practising Law Institute.
  • Panelist, Nothing Mock About It: Using Jury Consultants in the Real World, American Bar Association.
  • Lecturer, FCPA: Enhancing Internal Controls, Russia and CIS Summit on Anti-Corruption, American Conference Institute.
  • 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.

Publications / News / Events

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