Ken Wainstein

Ken has served in both Republican and Democratic administrations, holding numerous senior roles in his 23 years with the federal government, including US Attorney for the District of Columbia, Assistant Attorney General for National Security, Homeland Security Advisor for President George Bush, and, most recently, Under Secretary for Intelligence and Analysis at the Department of Homeland Security (DHS). In addition to his White House service and three Senate-confirmed positions, Ken served as Director of the Executive Office for US Attorneys, and as General Counsel, and then Chief of Staff, of the FBI. He also served for over a dozen years as an Assistant United States Attorney prosecuting and supervising criminal cases in the Southern District of New York and the District of Columbia. Prior to his recent government service at DHS, Ken practiced law as a white collar attorney for more than 13 years.

COMPLIANCE REVIEWS/INVESTIGATIONS

• Oversaw comprehensive Foreign Corrupt Practices Act (FCPA) compliance review for an international real estate company.*
• Oversaw internal investigations for two corporations regarding their compliance with municipal, state, and federal laws and regulations governing campaign finance restrictions, lobbying registration requirements, and pay-to-play limitations.*
• Oversaw compliance reviews of two major mortgage processing companies.*

CORPORATE REPRESENTATIONS

Represented:

• A marketing company in a DOJ criminal antitrust investigation.*
• A major bank in a Justice Department investigation into alleged antitrust and fraud violations in its foreign exchange operations.*
• A financial institution in a FINRA investigation involving alleged violations concerning the client's prime brokerage operation.*
• A gaming manufacturer before the SEC and OSHA regarding allegations of accounting irregularities and whistleblower retaliation.*
• A bank in a Justice Department investigation into allegations of energy trading manipulation.*
• A government contractor in a Justice Department antitrust bid-rigging investigation.*
• A bank in litigation over its role in the securitization of mortgages.*
• A defense contractor in a federal export control and FCPA investigation.*
• A major bank in a Justice Department investigation into alleged securities violations in an initial public offering.*
• A major pharmaceutical company in an Anti-Terrorism Act lawsuit.*

Advised:

• A corporation regarding its response to a major cyber intrusion.*

INDIVIDUAL REPRESENTATIONS

Represented:

• The CEO of a manufacturing company in an honest services fraud prosecution by the Antitrust Division of the Justice Department.*
• A senior executive of a pharmaceutical company in a Justice Department investigation into alleged sanctions violations.*
• A professional basketball player charged with firearms offenses.*
• A dealer in law enforcement equipment who was indicted for FCPA violations.*
• An insurance executive in an SEC investigation into insider trading.*
• The CEO of a government contractor in a civil and criminal False Claims Act investigation involving small business contracting.*
• An Assistant U.S. Attorney in connection with the special prosecutor's investigation of potential contempt charges arising out of the Justice Department's prosecution of Senator Ted Stevens.*
• A family member of a political candidate in a Justice Department investigation into alleged violations of federal campaign finance laws.*
• A Swiss bank official charged with conspiring to help US taxpayers hide their assets from the IRS.*
• A foreign bank executive in a Justice Department investigation into alleged sanctions violations.*
• A car manufacturer executive in a criminal investigation of the company’s handling of a manufacturing defect that led to car crashes.*
• Pool counsel for executives of a car company in a corruption investigation by US and foreign authorities.*
• A corporate CFO in a Federal Election Commission investigation into alleged campaign finance violations.*
• A senior pharmaceutical company executive in an FCPA investigation.*
• The CEO of a multinational corporation in a federal investigation into alleged fraud in the marketing of its pharmaceutical products.*

CONGRESSIONAL MATTERS

Represented:

• The Foreign Service Officer serving as the Political Counselor at the US Embassy in Kyiv, Ukraine in his testimony before the House of Representatives in the Impeachment Inquiry.*
• A hedge fund owner and board member of a pharmaceutical company in a congressional investigation and hearing about that company’s drug pricing practices.*
• A major pharmaceutical company in a congressional drug-pricing investigation.*
• The CEO of a major financial institution in a congressional hearing about the banking industry.*
• The former Director of National Intelligence and the former Director and Deputy Director of the Central Intelligence Agency in congressional investigations and hearings into Russian interference in the 2016 presidential election.*
• The former Acting Director of the Central Intelligence Agency and the former Director of the National Counterterrorism Center in a congressional investigation into the 2012 Benghazi terrorist attacks.*
• A US Congressman and his wife in two ethics proceedings.*
• The co-head of Commodities of a major financial institution in a congressional investigation and hearing into the role of financial institutions in the commodities markets.*
• A District of Columbia city official in a congressional investigation into allegations of misconduct during the mayoral election.*
• A major financial institution in a congressional investigation relating to foreign interference in the 2016 presidential election.*
• Represented and testified on behalf of a client in the congressional investigation into the Ted Stevens prosecution.*
• Testified at approximately 25-30 hearings over the course of government and private practice career.*

* Selected representations prior to joining Mayer Brown