Editorial: Business Crime in Illinois
01 October 2006
White-collar crime has a strong historical link with the state of Illinois. Edwin Sutherland, who earned his doctorate and worked as a research professor at the University of Chicago, coined the term; and from its roots in criminology, whitecollar criminal defence has become a thriving legal practice area. The Federal Bureau of Investigation has noted that with significant growth in the securities and commodities markets comes a marked rise in intentional corporate fraud and misconduct. In an appearance before the Senate Judiciary Committee in June 2006 an official from the Department of Justice’s criminal division confirmed that despite statistical drops in the level of business crime prosecutions, white-collar crime remains a priority for the Department of Justice and owing to the numerous high-profile cases of recent years, the market for legal advice in this area shows no signs of slowing down. It is therefore a dynamic area in which to work in Illinois.
The research for this chapter discovered 24 Illinois-based individuals of exceptional talent. The level of expertise reflects the high standard of the business crime bar in the state. A starting point and palpable breeding ground for exceptional talent is the Department of Justice: many of the individuals below served as United States attorney or assistant attorney before entering private practice.
Jenner & Block LLP and Winston & Strawn LLP each have three practitioners listed from their Chicago offices.
Winston & Strawn LLP is home to the practice area’s most highly nominated practitioner, Dan Webb. Recommended to our researchers as the “greatest trial lawyer ever” and “a national leader”, Webb is a litigator of consummate skill. His “fantastic reputation” and the number of positive nominations that he received highlight this. He has acted as lead trial counsel for clients including Verizon Directories Corporation and the pharmaceutical company, Wyeth. Before joining Winston & Strawn in 1985 Webb served as the US attorney for the Northern District of Illinois. Howard Pearl stands alongside Webb in the firm’s litigation practice, also specialising in white-collar criminal defence matters and corporate internal investigations. Notable engagements include being appointed by the board of directors of the Chicago Transit Authority on various occasions to conduct internal investigations, including the public investigation of its former president. Pearl has served as deputy chief of the criminal receiving and appellate division in the US Attorney’s Office in the Northern District of Illinois. Another feather in Winston & Strawn’s cap is the “tremendous” Bradley Lerman, who is currently representing former Illinois Governor George Ryan on public corruption charges that include racketeering, and mail and income tax fraud. Lerman served as an assistant US attorney in Chicago for eight years, and as associate independent counsel for two years in the Whitewater trial prior to joining Winston & Strawn.
The “top-notch” Thomas sullivan contributes to the sterling reputation of Jenner & Block LLP. Sullivan was a US attorney for the northern district and is greatly respected for his “calm and considered approach to even the most complex of matters”. Sullivan received the John Minor Wisdom Award for his contributions to public service and the community in 2003 and he remains heavily involved in pro bono work today. Sullivan is currently representing a Saudi national detained in Guantanamo Bay since 2001. Anton Valukas chairs the firm’s white-collar criminal defence and counselling practice and according to one respondent is “a cut above”. His experience gained from his tenure as a US attorney adds to his fantastic reputation and boosts what is already a “highly regarded practice”. Valukas represents clients in high profile white-collar matters and his work in the healthcare industry was noted. Relevant experience to support this assertion includes his selection as special counsel to the City of Chicago to investigate and report on the City’s healthcare system. The co-chair of the white-collar criminal defence and counselling practice is Charles Sklarsky, who joins Sullivan and Valukas to complete this “fantastically skilled team”. Sklarsky was an assistant US attorney for the northern district, no doubt contributing to his “indisputable knack for dispute resolution”.
Katten Muchin Rosenman LLP is another firm with roots in Illinois and its Chicago office remains prominent with two individuals listed in this chapter. Harvey Silets’s “great reputation” is highlighted by his membership to the American College of Trial Lawyers, where he has served as chairman of the federal criminal procedures committee, and past state chairman for Illinois. Sheldon Zenner also “belongs on the list” and is highly regarded by his peers. For example in July 2005, he was commissioned to consider and test certain concepts recently adopted by the ABA by participating in the Seventh Circuit American Jury Project. Zenner was also an assistant US attorney for nearly eight years and left the attorney’s office as deputy chief, special prosecutions division.
The Chicago office of Mayer Brown Rowe & Maw LLP was founded in 1881 and to this day remains its largest. Vincent Connelly is the firm’s most highly nominated practitioner having served in the US attorney’s office for the Northern District of Illinois as chief of the special prosecutions and criminal divisions. With such notable public service preceding him, Connelly “has the market at his feet”. Tyrone Fahner also comes highly recommended as a “truly amazing lawyer”. A former attorney general of Illinois, Fahner served as chief legal and law enforcement officer, which earns him a great deal of respect from his peers. Fahner has a broad white-collar practice with unsurpassed trial experience in financial crime matters.
McDermott Will & Emery LLP also has two experts listed in the following pages. David Rosenbloom, chairman of the white-collar criminal defence practice group is renowned for the defence of healthcare providers and manufacturers. Before joining the firm, Rosenbloom served in the US attorney’s office for the northern district, at the conclusion of which he was deputy chief of the general crimes division. Joshua Buchman also held this position and was described to researchers as “truly excellent”. The named partners of Stetler and Duffy Ltd are both listed in this chapter and contribute greatly to the firm’s “leading reputation” in the Illinois business-crime market. The specialised firm represents clients subject to white-collar prosecution from the investigative through to the trial and appellate stages. It also conducts internal investigations into such issues as financial misconduct. Clearly the firm can count on the experience and talent of its leading lights with the “tremendous” David Stetler, a former assistant US attorney, and Joseph Duffy, “the best ever” and a former IRS agent, both consistently praised throughout the research.
Although the aforementioned firms have more than one representative in this chapter there remains a number of outstanding individuals whose exceptional ability draws attention to the firms in which they practice. Robert Tarun from Latham & Watkins LLP maintains an exceptional reputation for criminal defence work. Tarun served for a decade as a federal prosecutor in Chicago, ending his distinguished career in government as executive assistant US attorney to turn his attention to a national and international white-collar private practice.
The “very highly regarded” Daniel Reidy from Jones Day is the litigation practice coordinator for the Chicago office in which he oversees the firm’s corporate criminal investigations practice. “An exceptional trial lawyer” he served as assistant US attorney and first assistant US attorney for the northern district.
William Linklater flies the flag for Baker & McKenzie LLP. Viewed by sources as the “real deal” and “one of the best international criminal lawyers around”, Linklater is past president of the Chicago Bar Association. He has worked on a wide variety of cases including the defence of several international cartel prosecutions, defence of charges of mail and wire fraud, export and import law violations, and other financial and business related crimes. Linklater also “provides stellar advice” to corporations (and their boards of directors) regarding internal investigations.
The “superb” Scott Lassar from Sidley Austin LLP is “among the very best” for white-collar criminal defence work and corporate investigations. Lassar also has government experience following his time as a US attorney for the northern district where he received the Department of Justice’s highest award for his key role in the ‘Archer Daniels Midland Co’ price-fixing case.
Another “outstanding lawyer” in this chapter is Royal Martin from Martin Brown & Sullivan Ltd. Martin is a former chairman of the Illinois State Appellate Defender Commission and serves on its board of managers. He is also recognised for co-authoring an Illinois Continuing Legal Education Handbook on Criminal Tax Fraud. Described to us as a “devoted and exceptionally talented litigator” Martin received sufficient nominations to place him in the upper echelons of the research.
Monico Pavich & Spevack can count on the expertise and experience of the “razor sharp” Michael Monico. A former federal prosecutor, Monico is seen by one contemporary to be “as good as they come”. Monico has successfully represented clients including a pharmaceutical company executive in a case pertaining to Medicare fraud prosecution and he lectures frequently on related matters.
The “extraordinary” James Richmond from Greenberg Traurig LLP brings to his private practice unparalleled experience from time as a US attorney for the northern district of Indiana and as a special agent for the FBI and for the criminal investigation division of the IRS. Richmond has also served as general counsel to a large healthcare corporation. Beside this notable experience lies an equally impressive private practice resume. Richmond has conducted over 200 internal investigations for several New York Stock Exchange corporations and still represents companies and individuals in a variety of criminal investigations.
James Streicker from Cotsirilos Tighe & Streicker Ltd is another individual with an impressive resume. Prior to his work in private practice Streicker’s public service includes roles as assistant attorney general, State of Illinois; assistant appellate defender, State of Illinois; deputy appellate defender, first district; assistant US attorney, Northern District of Illinois and chief of the criminal receiving and appellate division. This depth of experience lends itself to a “top-tier practice”.
Ronald Safer leads the white-collar criminal defence group at Schiff Hardin LLP. He came to the firm from his position as chief of the criminal division of the US Attorney’s Office where he was an assistant attorney in the northern district of Illinois. Mr Safer is active representing taxpayers in controversies with the government involving tax shelters and he is also active in leading internal investigations. Described to researchers as “fantastic” and “really very good” he assumes a place among Illinois’s white-collar crime experts.
Finally, Thomas McQueen is co-chair of the white-collar criminal and corporate compliance practice group at Sonnenschein Nath & Rosenthal LLP. Among other matters, McQueen counsels corporate clients on the Federal Sentencing Guidelines for Organizations, Sarbanes- Oxley and related legislation. McQueen served as assistant US attorney and was also attorney-in-charge of the narcotics unit and deputy chief, criminal litigation division. Another high-profile phase in his multifaceted career includes serving as assistant to the special counsel and consultant to the United States Senate judiciary subcommittee in the investigation of Billy Carter’s representation of the government interests of Libya.
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