Kenneth L. Wainstein

Washington,  DC  U.S.A.
Phone202 862 2474

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AV® Preeminent

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Practice Areas

  • Anti-Money Laundering & Asset Forfeiture
  • Asia Competition Law
  • Business Fraud & White Collar Defense
  • Commercial Bribery & FCPA
  • Corporate & Securities Litigation
  • Cyber and National Security
  • FCPA and International Anti-Bribery
  • Securities Enforcement & Investigations
  • False Claims Act
  • Financial Regulation
  • Government & Internal Investigations and Defense
  • Grand Jury and Cartel Investigations, Amnesty, and Compliance
  • Litigation
  • OFAC and Export Control
  • SEC Regulated Entities
Contact InfoTelephone: 202 862 2474
Fax: 202 862 2400
University University of Virginia, B.A., with high distinction, 1984
Law SchoolUniversity of California at Berkeley, J.D., 1988
Admitted1988, California; 1996, District of Columbia

Kenneth L. Wainstein is the Chair of the firm's Business Fraud Group. He focuses his practice on corporate internal investigations and civil and criminal enforcement proceedings. With a record of sustained accomplishment in significant positions in the U.S. government in the areas of criminal enforcement and national security, he brings clients a deep understanding of the substantive and procedural issues involved in white collar defense. His 20 years of public service have garnered him an intimate knowledge of Justice Department policy, extensive crisis management skills, credibility among prosecutors and regulators, and strong relationships with Congress, the District of Columbia bench and bar, and U.S. Attorneys around the country.

In 2008, after 19 years at the Justice Department, Ken was named Homeland Security Advisor by President George W. Bush. In this capacity, he coordinated the nation's counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts. He advised the President, convened and chaired meetings of the Cabinet Officers on the Homeland Security Council, and oversaw the inter-agency coordination process for homeland security and counterterrorism programs.

Prior to his White House service, Ken was twice nominated and confirmed for leadership positions in the Justice Department. In 2006, the U.S. Senate confirmed Ken as the first Assistant Attorney General for National Security. In that position, Ken established and led the new National Security Division, which consolidated DOJ's law enforcement and intelligence activities on counterterrorism and counterintelligence matters, and also oversaw the Department's role in regulatory mechanisms such as the Committee on Foreign Investment in the U.S. (CFIUS). Ken led several national security initiatives, including the launch of the national, inter-agency Export Control Enforcement Initiative targeting illegal exports of sensitive technology and weapons components.

In 2004, he was appointed, and later confirmed as, the United States Attorney in Washington, DC, where he oversaw the investigation and prosecution of high-profile white-collar and public corruption cases, including the case against Riggs Bank for Bank Secrecy Act violations and the prosecution of the MZM Chief Executive Officer for paying bribes to former Congressman Randall "Duke" Cunningham. Prior to that, Ken served as General Counsel of the Federal Bureau of Investigation and then as Chief of Staff to Director Robert S. Mueller. At the FBI, Ken was involved in myriad sensitive national security and criminal enforcement matters, as well as a variety of civil litigation, managerial, and Congressional oversight issues. In 2001, Ken was appointed Director of the Executive Office for U.S. Attorneys, where he provided oversight and support to the 94 U.S. Attorneys' Offices.

From 1989 to 2001, Ken served as an Assistant U.S. Attorney in both the Southern District of New York and the District of Columbia, where he handled numerous criminal trials and appellate arguments.

Ken's work has been recognized with the Edmund J. Randolph Award for Outstanding Service to the Department of Justice, the Department of Justice Director's Award for Superior Performance, and the Lawyer of the Year Award from the Bar Association of the District of Columbia, and he was recently named as a top national security lawyer by Washingtonian magazine. Ken has served as an adjunct professor at Georgetown University Law Center since 2009, teaching National Security Investigations and Litigation. He is a member of the Director's Advisory Board of the National Counterterrorism Center; a member of the Public Interest Declassification Board; a member of the CIA General Counsel's External Advisory Board; a member of the Webster Commission on the FBI, Counterterrrorism Intelligence, and the Fort Hood Shootings; the Co-chair of the Committee on National Security Law, Policy & Practice of the District of Columbia Bar Association; a member of the Council on Foreign Relations; a member of the steering committee of the George Washington University Homeland Security Policy Institute; and a member of the Board of Directors of the National Association of Former United States Attorneys.

Ken earned his B.A. from the University of Virginia, with high distinction and Phi Beta Kappa. He earned his J.D. from the University of California at Berkeley, where he was a moot court board member and the Note and Comment Editor of the California Law Review. Following law school, Ken served as law clerk to the Honorable Thomas Penfield Jackson of the U.S. District Court in the District of Columbia.


Hon. Thomas Penfield Jackson

U.S. District Court, District of Columbia


• Counsel overseeing the investigation into allegations of improper conduct by investigators in the National Collegiate Athletic Association's (NCAA) Enforcement Staff and a broader review and assessment of the environment, policies and procedures of the NCAA's Enforcement Staff operations.

• Counsel overseeing comprehensive FCPA compliance review for an international real estate company.

• Representation of a defense contractor in a federal export control and Foreign Corrupt Practices Act (FCPA) investigation.

• Counsel advising a corporation regarding its response to a major cyber intrusion.

• Counsel overseeing 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.

• Representation of a government contractor in a Department of Justice antitrust bid-rigging investigation.

• Counsel conducting internal investigation of alleged violations of the Anti-Kickback Statute by employees of a health insurance company.

• Representation of a professional basketball player charged with firearms offenses.

• Representation of a dealer in law enforcement equipment who was indicted for FCPA violations.

• Representation of an executive in an SEC investigation into insider trading.

• Representation of an Assistant United States Attorney in connection with the special prosecutor's investigation of potential contempt of court charges arising out of the Justice Department's prosecution of Senator Ted Stevens.

• Counsel for an individual in connection with a Department of Justice criminal investigation into the alleged violation of federal campaign finance laws.

• Representation of a senior executive of a construction company in an FCPA investigation by the SEC and the Department of Justice.

• Counsel for a Swiss bank official charged with conspiring to help U.S. taxpayers hide their assets from the I.R.S.

• Counsel overseeing compliance reviews of two major mortgage processing companies.

• Representation of a bank in litigation over its role in the securitization of mortgages.

• Representation of a foreign bank official in a Justice Department investigation into alleged sanctions violations.

• Representation of the CEO of a manufacturing company in an honest services fraud prosecution by the Antitrust Division of the Justice Department.

• Representation of a senior executive of a pharmaceutical company in a Justice Department investigation into alleged sanctions violations.


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DOJ and FTC Release Joint Antitrust Policy Statement Regarding Sharing of Cybersecurity Information
Keith M. Gerver,Jonathan S. Kanter,Nandu Machiraju,Kenneth L. Wainstein, April 20, 2014
On April 10, 2014, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) issued an Antitrust Policy Statement on Sharing of Cybersecurity Information explaining that competitors can share legitimate threat information so long as appropriate...

U.S. District Court Confirms FTC Authority to Regulate Corporate Data Security Practices
Keith M. Gerver,Peter J. Isajiw,Peter Moll,Kenneth L. Wainstein, April 20, 2014
On April 7, 2014, Judge Esther Salas of the U.S. District Court for the District of New Jersey denied the first ever motion to dismiss filed in Federal court that challenged the authority of the Federal Trade Commission (“the FTC”) to regulate corporate data security practices under...

Directors Must Act Now on Cybersecurity
Keith M. Gerver,Kenneth L. Wainstein, October 14, 2013
In a 2012 Corporate Board Member/FTI Consulting survey, 48 percent of public company directors and 55 percent of corporate general counsels rated data security as their number one concern. According to the Department of Homeland Security, 85 percent of U.S. critical infrastructure is privately...

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Office Information

Kenneth L. Wainstein

700 Sixth Street, N.W.
WashingtonDC 20001


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