Cyber Crime and National Security Compliance and Defense

How We Protect and Serve Our Clients

Within the areas of cybercrime and national security, we serve clients in a broad range of compliance and law enforcement matters. This includes providing advice and representation for matters including:

Anti-Corruption Investigations

Corruption and international bribery in particular are high on many federal agencies’ lists of law enforcement priorities. The DOJ considers foreign corruption to be a national security issue, and it has utilized the Foreign Corrupt Practices Act (FCPA) and other statutes to target U.S. companies with overseas operations and international business in connection with the government’s fight against terrorism and other threats to national security. We represent clients that are facing FCPA and statutory allegations of corruption and bribery in the U.S. and abroad.

CFIUS and FINSA (Exon-Florio) Compliance

In many cases, foreign investments in U.S. companies will be subject to review by the Committee on Foreign Investment in the United States (CFIUS). The Exon-Florio Amendment to the Defense Production Act authorizes CFIUS’s oversight of these transactions, and further amendments under the Foreign Investment and National Security Act of 2007 (FINSA) add to the complexity of companies’ compliance obligations. We assist clients in all aspects of Exon-Florio and FINSA compliance, from seeking CFIUS reviews to handing ancillary (i.e. securities, antitrust, and import/export control) matters.

Cryptocurrency Security Threats

The White House and the U.S. Department of the Treasury have both labeled cryptocurrency a potential national security threat as a result of its ability to be used for illicit purposes. While there is nothing inherently unlawful about utilizing Bitcoin and other cryptocurrencies to conduct cross-border transactions, companies that do so can expect to face enhanced scrutiny from federal authorities. Cryptocurrency issuers, coin exchanges, and other entities may be at risk as well.

Cybercrime Investigations

Cybercrime has quickly risen through the ranks of the top federal law enforcement priorities over the past few years. Today, multiple federal agencies are aggressively targeting cybercriminals in the U.S. and abroad. This includes criminals who comment offenses such as:

• Banking and computer fraud
• Cyber attacks
• Economic espionage
• Hacking
• Identity theft
• Intellectual property (IP) theft
• Technology theft

Economic Sanctions and Embargoes

The Office of Foreign Assets Control (OFAC) imposes economic sanctions and embargoes on individuals, businesses, and foreign governments that have links to terrorism and other crimes. The U.S. Department of the Treasury and the U.S. Department of State have the authority to impose sanctions and embargoes as well. We defend clients that are facing economic sanctions, that are accused of violating sanctions and embargoes, that are accused of dealing with blocked and denied parties, and that are facing various other allegations from OFAC, the U.S. Department of the Treasury and the U.S. Department of State, and other agencies.

Fraud and Money Laundering

In today’s world, virtually all fraud and money laundering cases have cybercrime implications. This includes cases involving allegations of bank fraud, consumer fraud, insurance fraud, healthcare fraud, securities fraud, and other similar types of white-collar offenses. With our attorneys and former agents’ extensive experience investigating and prosecuting these cases, and with our particular experience in the area of cybercrime defense, we are able to provide strategic representation focused on protecting our clients against all possible allegations.

Import and Export Compliance

Importing and exporting operations can present national security threats, and certain types of imports and exports (i.e. technology transfers) can raise cybercrime concerns as well. We offer comprehensive compliance and defense representation for import and export control matters, including matters involving OFAC, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), the U.S. Department of State, and Customs and Border Protection (CBP).

Malign Foreign Influence

In the wake of the recent (and very high-profile) allegations of foreign election interference, the DOJ has significantly enhanced its efforts to combat malign foreign influence. Cybercriminals that target the U.S. election infrastructure are at risk for aggressive prosecution and substantial aggregate penalties, and companies that facilitate (knowingly or unknowingly) foreign influence will be at risk as well.