Michael A. DeBernardis

Michael A. DeBernardis is Chair of the firm's Global Investigations, Enforcement and Compliance U.S. practice, and a member of the White Collar & Regulatory Defense practice group.

Michael assists clients with internal investigations relating to high-stakes matters including bribery and corruption under the Foreign Corrupt Practices Act, procurement fraud, financial and accounting fraud, money laundering, and other ethics issues and violations of company policy. Michael has represented clients in connection with inquiries by the U.S. Department of Justice, U.S. Securities and Exchange Commission and U.S. Senate Permanent Subcommittee on Investigations, among others. Michael works extensively with clients to prevent issues before they arise, assisting American, European, and Asian clients in designing, evaluating, administering, and maintaining anti-corruption, integrity compliance, and corporate governance programs. In 2021, Michael was recognized as one of four “Rising Stars” in the United States in the area of compliance by Law360.

Michael also serves as Co-Chair of the firm’s Multilateral Development Bank Investigations and Sanctions practice, where he represents companies and individuals in all phases of MDB sanctions proceedings, from audit and investigation, to litigation of allegations and arguments before sanctions boards, to sanction release proceedings. Michael has represented and counseled clients in connection with proceedings before the World Bank, African Development Bank, Asian Development Bank, European Bank for Reconstruction and Development, and the Inter-American Development Bank.

Michael also represents clients in complex litigation and international arbitration matters, including securities class action litigation, breach of contract claims, and claims resulting from sovereign debt default.

Investigations and Integrity Compliance

• Conducted multi-year global compliance review of Innospec Inc. on behalf of the Corporate Compliance Monitor appointed by the U.S. Department of Justice, the U.S. Securities & Exchange Commission, and the U.K. Serious Fraud Office
• Conducted an internal investigation for a Caribbean airline, a portfolio company of a major private investment firm, into whistleblower allegations that company employees made improper payments to local aviation inspectors in connection with the airline's launch
• Representation of financial services firm in connection with internal investigation related to potential FCPA violations in Panama
• Representation of auction house in connection with U.S. Senate investigation into potential money laundering and sanctions violations in the art industry
• Serve as day-to-day compliance counsel for large U.S. defense contractor
• Representation of multinational infrastructure company in connection with internal investigation related to fraud, collusion and corruption in DRC
• Representation of multinational “supermajor” oil and gas company in connection with anti-corruption compliance audit and investigation of local business partner in South Africa
• Representation of Fortune 500 pharmaceutical company in conducting anti-corruption M&A due diligence in India

Multilateral Development Bank Investigations and Sanctions 

• Representation of Chinese infrastructure company in connection with contested sanctions proceedings by The World Bank, including argument before the Sanctions Board. Sanctions Board Decision No. 88 (Sanctions Case No. 372) issued on June 29, 2016
• Representation of a state-owned construction company in connection with the negotiated resolution of a sanctions investigation by the African Development Bank; assisted the company in negotiating a settlement and meeting its obligations thereunder, resulting in early release from debarment
• Representation of French multinational CAC 40 industrial manufacturing company under a negotiated resolution agreement to resolve a World Bank Group investigation and coordination with the company’s compliance monitor
• Served as independent compliance consultant jointly appointed by African Development Bank and international power company as condition for release from 36-month debarment
• Representation of engineering company in connection with successful resolution of investigation by Asian Development Bank related to alleged bidding fraud
• Served on behalf of monitor appointed by World Bank to evaluate the integrity compliance program for a $100 billion construction company in connection with 34-month sanction
• Representation of large construction company in connection with investigation by European Investment Bank into allegations of fraud
• Representation of Asian infrastructure company in connection with investigation by Inter-American Development Bank into allegations of fraud on a bid in Ecuador

Other Select Enforcement and Litigation Matters

• Representation of high-profile founder/executive in connection with SEC investigation related to statements made on social media
• Representation of former partner of a private equity firm in connection with SEC investigation regarding potential violations of the Investment Advisors Act
• Representation of IT specialist in federal criminal prosecution related to unauthorized access for former employer’s computer network
• Representation of U.S. defense contractor in arbitration against Bolivarian Republic of Venezuela for breach of contract
• Representation of investor group in connection with action brought in relation to sovereign debt default