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Michael J. Gilbert

He / Him / His
Partner
CONTACT
New York
T:+1.212.896.0611
CAPABILITIES
PRACTICES
  • Governmental
  • International Trade
  • Litigation
  • Securities Enforcement
  • False Claims Act
  • White Collar Defense and Investigations
  • Foreign Corrupt Practices Act (FCPA)
  • Healthcare Enforcement
  • Private Equity
INDUSTRIES
  • Blockchain Technology and Digital Assets
  • Cannabis
  • Life Sciences
LINKEDIN
Michael Gilbert
LINKEDIN

Overview

Michael Gilbert represents companies and senior executives in high-stakes government investigations and criminal matters.

A former assistant U.S. attorney in the Southern District of New York, Mike brings deep experience and honed judgment to sensitive enforcement proceedings involving the Department of Justice, the Securities and Exchange Commission and other regulators. Clients turn to him for strategic guidance at critical stages of investigations where reputational, financial and personal exposure are significant. At home in the courtroom, Mike’s greatest successes have involved keeping his client out of court and out of the headlines. He has convinced the SEC not to proceed with several significant matters even after the SEC issued Wells notices.

Mike advises institutions and individuals. He conducts internal investigations, manages interactions with prosecutors and regulators and helps clients assess and mitigate enforcement risk before charges are filed. He has represented clients in the highest-profile government investigations, including many matters in the financial services sector. He regularly represents senior executives, portfolio managers and compliance officers in investigations involving hedge funds, investment banks and asset managers. Many of these matters involve cross-border components and parallel inquiries in multiple jurisdictions. His clients include individuals and companies in a broad range of industries, including healthcare, pharmaceuticals, life sciences and defense contractors.

Mike has served as pool counsel in coordinated defense matters, including the SEC’s off-channel communications sweep enforcement initiative. He works cooperatively with company counsel in such matters.

Mike has extensive experience with sanctions and export control investigations, anti-money laundering and Bank Secrecy Act issues, criminal tax investigations and allegations of money laundering or unlawful structuring. He has secured dismissals of federal criminal charges in tax and financial fraud cases. Investors seek his counsel in conducting due diligence to determine if potential transactions involve unacceptable regulatory risk.

Mike also litigates civil cases, including False Claims Act and securities-related disputes, and represents clients in proceedings that run parallel to government investigations. His civil experience complements his enforcement practice and informs his strategic approach when regulatory scrutiny overlaps with private litigation.


Institutional Representations

  • Representation of a cryptocurrency exchange in connection with an OFAC sanctions investigation
  • Representation of a Brooklyn-based business in connection with an investigation of alleged unlawful “structuring” and money laundering.
  • Representation of a hedge fund in connection with an insider trading investigation of a current and former portfolio manager.
  • Representation of a hedge fund in responding to subpoenas from the SEC relating to an insider trading investigation.
  • Representation of a non-profit agency in connection with investigations by the New York Attorney General, the New York City Department of Investigations and the U.S. Attorney’s Office for the Southern District of New York of alleged financial improprieties.
  • Representation of a boutique investment bank in a civil case alleging negligent misrepresentation in connection with a merger.
  • Representation of a Hong Kong-based hedge fund in connection with a market manipulation investigation and a civil defamation action in New York State Supreme Court.

Individual Representations

  • Represented over thirty employees of financial institutions involved in the SEC off-channel communications sweep enforcement initiative.
  • Represented over thirty employees of financial institutions involved in the SEC off-channel communications sweep enforcement initiative.
  • Representation of a cryptocurrency exchange in connection with an OFAC sanctions investigation
  • Representation of an asset manager in connection with an SEC Enforcement inquiry related to a cryptocurrency fund offering
  • Obtained complete dismissal of criminal charges for an individual who had been indicted by the U.S. Attorney’s Office for the Southern District of New York in a tax fraud case.
  • Obtained a complete dismissal of criminal charges for a Mexican national who had been indicted by the U.S. Attorney’s Office for the Southern District of New York for money laundering.
  • Representation of a London businessman in a FCPA investigation by the SEC and U.S. Attorney’s Office for the Eastern District of New York.
  • Representation of a former employee of a major investment bank in connection with a FCPA investigation by the SEC and Department of Justice.
  • Representations of several employees of a major investment bank in connection with an investigation by law enforcement authorities in several jurisdictions in connection with the setting of LIBOR.
  • Representation of a former Chief Compliance Officer of an investment advisor whose owner was indicted for operating a Ponzi scheme.
  • Representation of an executive of a major investment bank regarding residential mortgage-backed securities.
  • Representation of a former employee of a major investment bank in connection with auction rate securities.
  • Representation of an individual in a criminal tax prosecution by the U.S. Attorney’s Office for the Southern District of New York.

Clerkships

United States District Court for the Eastern District of Pennsylvania, Honorable Donald VanArtsdalen

United States Court of Appeals for the Second Circuit, Honorable Joseph McLaughlin

Education

J.D., University of Pennsylvania Carey School of Law, 1994, magna cum laude, Order of the Coif

B.A., Tufts University, 1991, cum laude

Admissions

New York

United States Court of Appeals for the Second Circuit

United States District Court for the Eastern District of New York

United States District Court for the Southern District of New York

Best Lawyers in America - Criminal Defense: White-Collar, Best Lawyers, 2026

New York Metro Super Lawyers, Super Lawyers, 2022, 2025

Board Member, New York Office of the Appellate Defenders

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