David S. Krakoff

Biography

David S. Krakoff is a Partner in the Washington, DC office of BuckleySandler LLP. Mr. Krakoff counsels corporations and corporate executives in all aspects of criminal and related civil and administrative matters.

With more than 30 years’ experience representing individual and corporate clients in high-stakes criminal and complex civil litigation and enforcement cases throughout the country, Mr. Krakoff’s experience spans a variety of SEC enforcement, grand jury and trial matters, involving accounting fraud, securities, tax, foreign corrupt practices, public corruption, antitrust, healthcare, export control, False Claims Act, trade secrets and environmental matters. Mr. Krakoff’s experience includes federal and state trials, with primary trial responsibility in more than 50 cases. In 2009, he represented a former executive of W.R. Grace & Co. in a lengthy criminal trial in the District of Montana that ended in an acquittal of all charges. In 2011-12, he represented an individual in the FCPA Sting Case criminal trial in the District of Columbia that ended in a hung jury mistrial and the later dismissal of all charges by the Department of Justice.

Prior to joining BuckleySandler, Mr. Krakoff was co-leader of the global litigation practice at Mayer Brown. In addition to his experience in private practice, Mr. Krakoff was an Assistant U.S. Attorney in the U.S. Attorney's Office for the District of Columbia for 10 years.

Mr. Krakoff is recognized as a leading Litigation lawyer by Chambers USA: America’s Leading Lawyers for Business (2006-2012). In their 2012 edition, Chambers reported that Mr. Krakoff “devotes his practice to criminal and civil litigation. Clients describe him as 'a superb lawyer who is very dedicated.'" He was also recognized in Legal 500 as a "great lawyer and great guy."  Mr. Krakoff has also earned recognition from Best Lawyers in America in the area of Criminal Defense (2006-2013), Super Lawyers (2007-2013), Washingtonian Magazine Top Lawyers (2007), International Who’s Who of Business Lawyers (2012-2013) and Business Crime Defense Lawyers (2012-2013), and Best Lawyers in Washington (2006-2013).

Mr. Krakoff received his J.D. from Antioch School of Law in 1975 and his A.B. from Dartmouth College in 1971.

Significant Representations

• Confidential Representation of Oil Industry Executives

  Represent senior executive and senior employee of BP in civil and criminal investigation related to the Deepwater Horizon incident in the Gulf of Mexico.

• Confidential Representation of Senior Environmental Executives

  Representation of senior environmental, health, and safety executives in DOJ investigations of potential environmental violations at electroplating facilities and power generation facility.

• Confidential DOJ Investigation into Alleged Price Fixing

  Representation of foreign and domestic executives in criminal price fixing investigations by DOJ Antitrust into auto parts industry.

• Confidential Representation of Chief Financial Officer of Insurance/Financial Services Company.

  DOJ and SEC investigation of allegations of financial reporting fraud of derivatives losses in financial meltdown.

• Confidential Representation of Construction Firm

  Represented leading highway construction firm in investigations by a variety of state and federal enforcement and regulatory agencies.

• Confidential Representation of Corporate and Individual Clients in FCPA investigation

  Representation of corporate and individual clients in enforcement actions involving the U.S. Department of Justice and the U.S. Securities and Exchange Commission.

• Confidential Representation of Fourteen Drilling Industry Individuals in FCPA Investigation

  Represented fourteen individuals in internal investigation regarding alleged FCPA violations, in response to oil and gas drilling industry probe by DOJ and SEC.

• Confidential SEC Investigation into Alleged Insider Trading Activities

  Represented two executives in insider trading investigation by SEC, resulting in Staff's decision not to recommend enforcement action.

• Confidential SEC Investigation into Alleged Insider Trading Activities

  Represented international investor in insider trading investigation by SEC, resulting in Staff's decision not to recommend enforcement action.

• Confidential SEC Investigation into Alleged Securities Fraud

  Representation of former senior executive of Freddie Mac in securities fraud investigation by SEC regarding financial disclosures of mortgage losses, resulting in Staff's decision not to recommend enf... MORE

• Confidential SEC Investigation into Alleged Securities Fraud in Investment Education Industry

  Represented nine individuals in investment education industry in securities fraud investigation by SEC. The Commission settled Complaints against two clients.

• FCPA Counseling

  Coordinating response to international enforcement actions subsequent to U.S. enforcement actions.

• Fannie Mae Securities, Derivative and ERISA Litigation

  Represented the former Controller of Fannie Mae in winning the dismissal of, or settling, all investigations and litigation related to the accounting errors alleged in reports by the Company’s r... MORE

• Representation of Enron Senior Executive

  Department of Justice investigation and parallel SEC investigation involving allegations of the manipulation of earnings through a Special Purpose Entity (SPE).

• Representation of International Bank

  Internal investigation responding to Congressional and Treasury Department inquiries of offshore tax shelters.

• Confidential Representation of AOL / Time Warner Executives

  Representation of over a dozen AOL executives and accounting employees in parallel grand jury, SEC, and class action litigation involving allegations of accounting fraud, resulting in no charges again... MORE

• Representation of Recognition Equipment Vice President for Marketing

  Trial in the U.S. District Court for the District of Columbia involving charges of bribery of a government official to obtain a lucrative contract. Client was acquitted of all charges.

• Representation of WorldCom Executive

  Investigation conducted by the Department of Justice of under reporting of revenue to other telecom entities through alleged manipulation of call routing services.

• SEC Investigation

  SEC investigation of bank relationship with former bankrupt fund customer accused of defrauding investors; related parallel civil litigation.

• Securities and Exchange Commission v. Mark A. Jackson and James J. Ruehlen

  Representation of former Chief Executive Officer of Noble Corp., an oil and gas drilling services company, in SEC litigation following investigation of alleged FCPA violations in Nigeria. The SEC file... MORE

• United States of America v. John M. Mushriqui, et al

  Represented John M. Mushriqui in the DOJ’s largest criminal prosecution of individuals in the history of the Foreign Corrupt Practices Act, following the only modern use by the FBI in an FCPA ca... MORE

• United States of America v. W.R. Grace, et al.

  Represented W.R. Grace and seven executives in a case that spanned four and a half years and involved two interlocutory appeals to the Ninth Circuit Court of Appeals. It culminated in a three-month lo... MORE

Publications

• FCPA: Were the Sting Trials Doomed From the Start?

  Business Crimes Bulletin, September 3, 2012

• FCPA: Recent Enforcement Activity Sounds Warning for Financial Services Industry

  Business Crimes Bulletin, June 1, 2011

• FCA, FHA Lending, and US v. Deutsche Bank

  May 11, 2011

• Individual Liability and the FCPA: The Brave New World of Risk

  Westlaw Expert Commentary Series, January 24, 2011

• Expanded Criminal Enforcement in the Financial-Services Industry

  Business Crimes Bulletin, September 1, 2010

• Is Your Business Affected by the US FCPA? Are You Sure?

  The Lawyer's Brief, February 25, 2010

• An Excess of Zeal: Lessons for Defense Lawyers from the W.R. Grace Trial

  Litigation 2009, November 2, 2009

• FCPA Due Diligence in the Context of Mergers and Acquisitions

  Bloomberg Law Reports, September 29, 2008

• Wining and Dining Foreign Officials: What’s Okay and What’s a Crime

  Business Crimes Bulletin, April 7, 2008

• Anti-Bribery Enforcement Reaches Further

  International Financing Review, February 24, 2007

Knowledge & Insights

• Special Alert: FinCEN Finalizes New Anti-Money Laundering Rules for Nonbank Mortgage Lenders and Originators

  February 8, 2012

In The News

• Eight BuckleySandler Attorneys and Two Practice Areas Listed in the 2013 Legal 500

  June 3, 2013

• BuckleySandler Noted as "One of the Most Enterprising Firm in the Financial Services Sector" by Chambers USA

  May 31, 2013

• Settlement of "In re Fannie Mae Securities Litigation" Announced

  May 8, 2013

• Eight BuckleySandler Partners Named to 2013 Super Lawyers Lists

  April 30, 2013

• Former Fannie Mae Controller Leanne G. Spencer Exonerated of Wrongdoing

  November 20, 2012

• David Krakoff Quoted in Main Justice Article, "U.S. Attorney Says FCPA Won't Drop Despite Setbacks"

  Main Justice: Just Anti-Corruption, October 18, 2012

• BuckleySandler Noted for Its Impressive Enforcement & Litigation Talent by Chambers USA

  June 8, 2012

• David Krakoff On Defending Against FCPA Claims in USA Today

  USA Today, May 3, 2012

• BuckleySandler Partner David Krakoff on FCPA Trials, Corporate Voluntary Disclosures and Big Firm Refugees

  Corporate Crime Reporter, March 13, 2012

• BuckleySandler Litigators Obtain Dismissal in FCPA Sting Criminal Trial

  February 21, 2012

• David Krakoff and Lauren Randell Obtain Mistrial for Defendant in FCPA Sting Trial in DC Federal Court

  January 31, 2012

• David Krakoff Quoted in Law360: "Gabon FCPA Execs Decry FBI Tactics, Informant"

  Law360, January 10, 2012

• David Krakoff and Lauren Randell Defend Client in FCPA Trial in DC Federal Court

  January 3, 2012

• Five BuckleySandler Partners Named to Washingtonian's 2011 "Best Lawyers" List

  November 30, 2011

• David Krakoff Defends Client in FCPA Trial in DC Federal Court

  September 28, 2011

• BuckleySandler's False Claims Act and FHA Lending Webinar Recording Now Available

  May 12, 2011

• Four BuckleySandler Partners Named to Washington, DC's "Super Lawyers" list for 2011

  May 3, 2011

• The Rise and Rise of FCPA

  Business Insider, March 24, 2011

FCPA Update

• FCPA Update: A Busy December: Highlights of Recent FCPA Enforcement Activity Involving Individuals

  December 22, 2011

Speaking Engagements & Events

• ACI's Inaugural Summit on White Collar Litigation

  January 23, 2013

• Overview of Handling a White Collar Case

  January 22, 2013

• Anti-Bribery: The Changing Anti-Corruption Environment in Key Jurisdictions

  October 24, 2012

• Fifth Annual National Institute on the Foreign Corrupt Practices Act

  October 18, 2012

• 17th Annual Advanced ALI-ABA Course of Study for the Defense and Government Bars

  April 26, 2012

• ACI's 27th National Conference on the Foreign Corrupt Practices Act

  April 17, 2012

• Worldwide Enforcement of Anti-Corruption Laws-Navigating the International Business Minefield

  February 15, 2012

• Legal Actions by the FDIC to Recover Losses of Failed Banks: Spring Follow-up

  April 28, 2011

• FCPA Enforcement Update: Individuals in the Line of Fire

  December 6, 2010

• Legal Actions by the FDIC to Recover Losses of Failed Banks: A Practical Guide for Directors

  November 11, 2010

• Financial Crisis Fallout 2010 Live Seminar

  November 4, 2010

• ALI-ABA Environmental Crimes Conference

  September 23, 2010

Awards & Recognition

• Super Lawyers 2013: Criminal Defense (White Collar), Business Litigation
  
• Best Lawyers 2013: Banking and Finance Law, Commercial Litigation, Criminal Defense - White Collar, Securities/Capital Markets Law
  
• Chambers USA 2010-2012, Band 2, DC Litigation: White-Collar Crime & Government Investigations
  
• Super Lawyers 2012: Criminal Defense (White Collar), Business Litigation
• Best Lawyers 2012: Commercial Litigation, Criminal Defense - White Collar, Litigation - Banking and Finance, Litigation - Securities
• The International Who's Who of Business Crime Defense Lawyers 2012-2013
• The International Who's Who of Business Lawyers 2012-2013
• Super Lawyers 2011, Criminal Defense: White Collar Attorney
• Best Lawyers 2011, Commercial Litigation and White Collar Criminal Defense
• Best Lawyers in Washington 2006-2013