BCR has a Criminal Law practice. The BCR attorneys involved in this practice group have substantial experience representing clients in all phases of investigations, in criminal trials and appeals, and in related civil and administrative enforcement proceedings. Our clients include a range of commercial entities, from multinationals to small businesses. We also represent governments and government officials, business executives and employees, and social, political and religious groups facing charges or criminal investigation.
Criminal Defense
The BCR Criminal Law Group represents clients in the U.S. and internationally. We both represent clients directly, and serve other law firms as consultants and expert witnesses in specialized cases such as extraditions, money-laundering, and Foreign Corrupt Practices enforcement. We are experienced at collaborations with foreign counsel in cases involving more than one jurisdiction. Our involvement has included cases involving tax, money laundering, securities and commodities fraud, murder, drug trafficking, public and private corruption, and anti-trust.
Due Diligence
The BCR Criminal Law Group provides services in helping businesses with due diligence to prevent criminal problems. The group works to advise and prepare due diligence plans and training, and auditing once such plans are operational.
Crime Prevention
The BCR Criminal Law Group helps clients to prevent criem and avoid criminal liability by advising them on the latest legal and political developments. For instance, in certain areas, such as tax, financial services, and export control, the firm provides written advice on national and international law and regulatory developments. For instance, since 1985, Bruce Zagaris has on a monthly basis edited the INTERNATIONAL ENFORCEMENT LAW REPORTER, which discusses international criminal and enforcement developments. The IELR is available by subscription or through Lexis-Nexis and WestLaw, which distribute it. The firm also provides in-depth analyses of criminal and civil aspects of financial services, regulation, drug-enforcement, anti-terrorism, and export-control matters.
Client Investigations and Inquiries
The BCR Criminal Law Group conducts efficient and discreet internal investigations when organizations suspect evidence of wrongdoing. The BCR Criminal Law Group also conducts investigations of other groups for clients who are contemplating a business relationship, including a merger or acquisition. We have well-established relationships with forensic scientists and accounting firms to fully support our investigations.
Grand Jury and Litigation Practice
We advise and represent clients throughout the criminal process. Some clients have come to us during the initial stages of a law-enforcement or grand-jury investigation. Others retain us when they have been charged. Some come to us for the first time after trial, when their cases are on appeal.
International Criminal Courts
The BCR Criminal Law Group is active in the representation of persons and entities before international criminal courts. Thomas Viles is on the governing Council of the International Criminal Bar (ICB), the defense bar association of the International Criminal Court, and he serves as the ABA’s representative to the ICB. He has taught law students and trained criminal practitioners in the international criminal law and procedure, in law faculties and CLEs, since the inception of modern international criminal courts in the mid-1990s. His background includes advice to the UN and other international organizations on criminal court procedure, evidence, and drafting of rules.
Consultations
The BCR Criminal Law Group is active in working with think-tanks studying a variety of crime and enforcement policy matters, especially involving law enforcement and national security matters. The group also works regularly in such matters with foreign governments and international organizations, such as the International Monetary Fund, the World Bank, the United Nations, the Asian Development Bank, and the Caribbean Financial Action Task Force.
Lobbying
In some cases clients want a solution to a crime or enforcement policy matter that involves dissemination of information publicly and/or educating members of the U.S. executive or legislative branches. The BCR Criminal Law Group can provide these services as part of resolving criminal and enforcement policy issues.
International and Comparative Criminal Matters
Globalization, the reconfiguration of trade boundaries, and the unleashing of information technologies have given rise to a new generation of criminal law problems that involve the laws of several countries and jurisdictions simultaneously. We have several attorneys who work in international and comparative criminal law and regularly interact with lawyers around the world to solve transnational and comparative criminal and enforcement issues.
In particular, we handle a large number of international evidence-gathering requests, extradition, and prisoner transfer applications.
Attorneys
Bruce Zagaris specializes in international and comparative criminal law, especially white collar matters. He has practiced two years in Europe and taught at the University of the West Indies Law Faculty. He regularly serves as a consultant and expert witness in a variety of cases, especially dealing with international financial services and money laundering. He has thirty years' experience representing foreign governments and individuals in criminal cases.
Thomas G. Corcoran, Jr. has thirty years plus experience arguing criminal cases in the D.C. Circuit and D.C. Court of Appeal.
Ben Flowe has advised and represented clients in criminal as well as civil investigations of export control violations. He has negotiated with authorities to resolve most cases on a civil enforcement basis and has coordinated with criminal defense counsel in the firm and elsewhere to address both civil and criminal enforcement risks. Ben chairs the Enforcement and Compliance Working Group of the Regulations and Procedures Technical Advisory Committee to the Commerce Department and related agencies and has a good reputation with cognizant government officials based on over 26 years of practice in the area.
Wayne Rusch, a former prosecutor, brings many years of experience in investigations and prosecutions of white collar crime. His experience includes representing clients under investigation by international agencies and the U.S. Department of The Treasury.
John Ordway represents clients with respect to criminal investigations both relating to export control and government procurement issues.
Dan Fisher-Owens has represented clients in connection with criminal investigations of export control violations. He has assisted such clients with internal investigations of potential criminal violations, with responses to subpoenas for documents and testimony, as well as negotiating global criminal and administrative settlements of alleged violations with the Department of Justice and cognizant administrative agencies.
Laina C. Lopez has argued a criminal appeal in the D.C. Circuit and has second-chaired a quasi-criminal trial involving denaturalization.
Jason McClurg has represented clients in connection with internal and governmental criminal investigations of white collar and export control violations. He has provided guidance to several clients, and has assisted in the preparation of several expert opinions, regarding domestic and international criminal matters.
Tom Wilson has for more than twenty-five years represented clients in a host of high-profile national criminal investigations including the Iran-Contra, Clinton Passport, Monica Lewinski, Mike Espy, Ruby Ridge, and "Big Dig" investigations. Over the years, Tom has also represented clients in highly sensitive national security investigations involving the CIA and DIA. More recently, Tom has also been involved in investigations that have arisen out of the hostilities in Iraq and Afghanistan.
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