Derek A. Hahn

Selected FCPA Engagements

• Defense of multinational company and individuals in investigation by the DOJ and SEC of potential FCPA violations in India. This representation involved multiple subpoena responses, worldwide preservation efforts, extensive forensic accounting, and safe passage negotiations for government interviews of foreign national employees. Results:  non-public declination by both the DOJ and SEC for the company and its employees with no penalties or adverse action.
• Representation of multinational company in response to a DOJ inquiry stemming from allegations of FCPA violations in Southern Europe. Successfully negotiated voluntary productions and resolved the inquiry with no adverse action against the company or its employees.
• Conducted post-acquisition FCPA risk assessment and internal investigation of a potential corruption issue following the acquisition of a multinational company in South America.
• Advised multinational company on FCPA issues arising from the Operation Lava Jato ("Car Wash") investigations in South America.
• Represented the former president and CFO of a pharmaceutical company during an internal investigation of FCPA issues by an independent Board committee, resulting in no adverse action against the client.
• Counseled multiple clients on the development or improvement of anti-corruption compliance programs, including related risk assessments, third-party due diligence protocols, and training materials.  

Selected Enforcement and Investigation Engagements

• Defended small privately-held business in investigation by U.S. Attorney’s Office into the alleged sale of counterfeit grey market goods, resulting in no adverse action against the client.
• Represented a health care executive in connection with federal health care fraud and public corruption investigations, resulting in a favorable plea agreement.
• Defended the nation's largest cement manufacturer in multistate Clean Air Act investigations and federal court litigation brought by the DOJ Environmental Enforcement Division and Environmental Protection Agency (United States v. CEMEX California Cement, LLC, ED-CV-07-00223-GW (C.D. Cal. 2009); United States v. CEMEX, Inc., No. 1-09-CV-00019-MSK (D. Colo.)).
• Represented the former CFO of publicly-traded pharmaceutical company in connection with an accounting fraud investigation, resulting in no adverse action against the client.
• Defended an individual in a DOJ criminal antitrust investigation of certain financial products in Asia, resulting in no adverse action against the client.
• Advised a multi-billion dollar public retirement fund on conflicts of interest under California Government Code Section 1090.
• Represented an oil company and oil company executives in connection with a criminal environmental enforcement action, resulting in a favorable civil settlement.
• Defended an IT contractor in a federal grand jury investigation predicated on whistleblower allegations of mischarging and revolving door violations related to a multi-million dollar Iraq reconstruction contract, resulting in no adverse action against the client.
• Represented a client in a discharge investigation by the California State Water Resource Control Board's Office of Enforcement, resulting in a favorable civil settlement.