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Danforth
Newcomb
Partner
Education
Columbia University School of Law, J.D., 1968
University of Vermont, B.A., 1965
Practice
Mr. Newcomb’s practice in the Litigation Department includes a wide variety of civil, administrative and complex criminal cases. His recent matters include securities fraud, lender liability, RICO and executive employment terminations. He also advises on compliance with the Foreign Corrupt Practices Act, U.S. International Economic Sanctions, Money Laundering laws and Foreign Sovereign Immunity. His experience with the Foreign Corrupt Practices Act began in 1976 with an SEC mandated investigation of Lockheed Aircraft Corporation’s foreign marketing practice, which was a precursor for the FCPA. In recent years, his practice relating to the FCPA has included grand jury investigations, Department of Justice inquiries, FCPA review requests, internal investigations and compliance programs for U.S. and foreign clients on matters in Europe, Latin America, the Middle East, Asia and former Eastern Bloc countries. His FCPA clients include companies in construction, energy, telecommunications, software, financial services, capital goods, manufacturing and power generation. Mr. Newcomb is a member of the Board of Advisers to the Foreign Corrupt Practices Act Reporter.
Recent Experience
FCPA and Related Experience Includes Representation of:
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Nokia in a multi-jurisdictional compliance review arising out of allegations of corruption involving Siemens AG, Nokia’s joint venture partner in Nokia Siemens Networks
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A European manufacturer in SEC and DOJ proceedings arising from the Oil-For-Food Investigation
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ABB Ltd. and its upstream oil and gas subsidiaries in SEC and U.S. criminal investigations in connection with the subsidiaries’ marketing practices in 103 countries. The investigation led to civil and criminal prosecutions arising out of events in Nigeria, Angola and Kazakhstan
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Various parties in the SEC/DOJ investigations of Titan Corporation, DaimlerChrysler AG, the Bonny Island Nigeria matter, Faro Technologies Inc. and Oil States International Inc.
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Bechtel Corporation in FCPA Review Procedure Release 81-1 (the Bechtel Procedures Release)
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U.S. multinational company in connection with a grand jury investigation in San Francisco and an administrative investigation in Washington, D.C. concerning that company’s procurement practices on a U.S. A.I.D. project in Egypt
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Thai telecom company, which was preparing to offer securities in the European and North American capital markets, into undocumented payments that were made concurrently with the company’s receipt of government grants of concessions. The company needed to better support these payments as it transitioned from Thai accounting to U.S. GAAP. The investigation involved parties in Japan and Hong Kong
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U.S.-European joint venture into the circumstances under which a major infrastructure concession was granted in Costa Rica after the president of Costa Rica had his two predecessors arrested for corruption in connection with granting infrastructure concessions during their administrations
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U.S. multinational financial institution responding to U.S. criminal authorities after a whistleblower complained about corrupt payments made by the institution’s Brazilian subsidiary
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Consortium of U.S. financial institutions, investigated the circumstances under which the consortium’s Argentine participant forgave certain loans to a senior Argentine public official
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U.S.-based power plant developer responding to federal criminal inquiries alleging FCPA violations in connection with a project in China
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Consortium of U.S. EPC contractors in connection with a project in the Philippines
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U.S. multinational company involving corruption in procurement activities in Saudi Arabia
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U.S. multinational company in a federal grand jury investigation of FCPA violations relating to a major infrastructure project in South Korea
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U.S.-based multinational telecommunications company into corruption in connection with the granting of telecommunications concessions in Russia
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Special Review Committee of the board of directors of Lockheed Aircraft Corporation in connection with an extensive investigation into that company’s marketing practices in over 40 countries, including Saudi Arabia, Italy, the Netherlands and Japan. This investigation was a precursor to the adoption of the FCPA
Select Reported Cases:
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Sullivan v. Blank, et al., dismissal of RICO, fraudulent transfer and unjust enrichment claims arising out of an alleged murder-for-hire scheme, 2005 Lexis 17844 (2005)
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FG Hemisphere v. Congo, enforcement of a judgment for $151 million, 2005 Lexis 3523 (2005)
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EAB v. Bank of Nova Scotia, dismissal of a funds transfer claim pursuant to UCC Art, 4A, 12 AD3d 189, 784 N.Y.S. 2, 99 (2004)
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Williams v. Hilton Group, dismissal of fraud claims, 264 F.Supp. 2d 324, aff’d 93 Fed. Appx 384 (2004)
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Leonard v. Garantia, fraud claims dismissed, 213 F.3d 626 (2000)
Other Representations:
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Canadian bank in dismissal of lender liability claims relating to a resort and casino in the Caribbean
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Swiss bank in dismissal of civil claims for violation of the Commodities Exchange Act and RICO in connection with Foreign Exchange options
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South American investment bank against claims of securities fraud
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Bank Advisory Committee for Brazil in litigation challenging Brazil’s “Brady Bond” restructuring of its external debt
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U.S. financial institution in recovery of the full amount it was owed by Zaire
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European bank in avoiding a U.S. criminal action and regulatory proceedings where its employee plead guilty
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European bank in connection with false statements made to the Federal Reserve Bank
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U.S. company in successfully resolving civil and criminal investigations of procurement fraud
Selected Professional & Business Activities
- American Bar Association, Litigation and Corporation, Banking and Business Law Sections
- Federal Bar Council
- Panel of Mediators, United States District Court
- Founding member of the Board of Editors of the Money Laundering Law Report
- Board of Advisers of Foreign Corrupt Practices Act Reporter
- Lectures frequently on proceedings affecting financial institutions and matters on international trade
Publications
Publications include “Digest of FCPA Cases,” “Policing Trans-Border Fraud,” “The View from the Bridge,” “U.S. Forfeiture of International Bank Deposits,” and “Waiving Bank Secrecy in the U.S.”
Courts
All courts in the State of New York and the District of Columbia
Various United States District Courts and Courts of Appeals
United States Court of Claims
United States Tax Court
United States Supreme Court
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