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As co-chair of the firm's White Collar Defense & Investigations practice, Marcus Asner draws on his extensive federal government experience and trial work to represent clients in complex criminal and civil litigation and investigations across a wide range of industries. Marcus's white collar practice includes matters involving alleged violations of the FCPA and cases involving cross-border disputes and investigations, allegations of money laundering, art fraud, trade sanctions violations, healthcare fraud, securities fraud, cybercrime, data breaches, tax fraud, public corruption, and environmental crime. His civil litigation practice includes complex commercial and cross-border disputes, and expedited litigation matters in both federal and state courts.

Marcus also routinely advises clients on anti-corruption, supply chain, and cybersecurity compliance issues. He wins widespread praise from clients, one of whom describes him as “an extraordinarily knowledgeable lawyer with formidable expertise and an extremely practical approach.” Another notes, “he is super smart and extremely responsive.”

As an Assistant United States Attorney for the Southern District of New York for nine years, Marcus served as the Chief of the Major Crimes and Computer Hacking/Intellectual Property (now known as Complex Frauds) unit as well as in the Public Corruption unit. During his tenure, he led investigations and prosecutions focused on fraud, bribery, money laundering, and other economic crimes.

Marcus is a member of the Lawyers Council of the Citizens Crime Commission of New York City and on the Wildlife Justice Commission’s Advisory Council. He previously served on the President’s Advisory Council on Wildlife Trafficking.

Experience

  • Leading international shipbuilder in a Deferred Prosecution Agreement with the DOJ, coordinated leniency agreements with three government agencies in Brazil, and collateral litigation related to the high-profile “Operation Car Wash” scandal involving Petrobras.
  • Global telecommunications company in multiple FCPA investigations involving the company’s activities in more than 15 countries in Europe, the Middle East, and Central America. Successfully led company’s cooperation with the DOJ, the SEC, the SFO, and Austria. Obtained formal declinations from DOJ and SEC.
  • Publicly traded U.S. energy company in advising on compliance policies program, with a focus on anti-corruption compliance.
  • Major U.S. government contractor in connection with sprawling corruption investigation in Romania.
  • Global luxury goods company in an FCPA investigation involving licensing of several locations in Mexico.
  • UK and Israeli law firm in serving as expert witness in UK court proceedings relating to FCPA and other U.S. law issues.
  • Multinational food supply company in conducting FCPA investigation into allegations that company paid bribes in connection with its business in the Ukraine, leading to no enforcement actions or adverse business consequences.
  • German-based firearms manufacturer in FCPA investigation conducted by the DOJ regarding allegations of bribe payments to Indian government officials in efforts to win government contracts. DOJ declined prosecute.

Perspectives

Cross-Border Data Privacy & Cyber Breaches: False Claims Act (FCA) Liability, Cyber Breach Security and China’s New PIPL Measures-and the Interplay with Anti-Corruption
Speaker, ACI's 19th Advanced Forum on FCPA & Anti-Corruption for the Life Sciences Industry
The Rybolovlev/Bouvier Affair: Accent Delight v. Sotheby’s
Panelist, NY City Bar Association’s Art Law Committee
Chambers Global 2024 Ranks 35 Arnold & Porter Lawyers, 31 Practice Areas
Practical Guidance for Companies to Detect and Prevent the Circumvention of Sanctions and Being Prepared for the Newest, Most-Sophisticated Techniques
AML & OFAC Compliance for the Insurance Industry, ACI
Arnold & Porter Notches Win for Sotheby’s
Enforcement Edge: Shining Light on Government Enforcement
More

Recognition

Thomson Reuters
Stand-Out Lawyers - Independently Rated Lawyers (2024)
Chambers Global
Corporate Crime & Investigations — Latin America-wide (2019-2024)
Chambers Latin America
Corporate Crime & Investigations (International Counsel) (2019-2024)
More

Credentials

Education

  • J.D., University of Michigan Law School, 1992, cum laude
  • M.S., Mathematics, University of Michigan Rackham Graduate School, 1987
  • A.B., Physics, University of Chicago, 1985, with honors

Admissions

  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Southern District of New York

Government & Military Service

  • Chief, Major Crimes and Computer Hacking/Intellectual Property Unit, U.S. Attorney's Office, Southern District of New York
  • Assistant U.S. Attorney for the Southern District of New York

Activities

  • Member, New York Council of Defense Lawyers
  • President's Advisory Council on Wildlife Trafficking
  • Lawyers Council for the Citizens Crime Commission of New York City
Overview