Michael L. Koenig

Michael L. Koenig

Mike Koenig represents, defends, and advises corporate and individual clients in all aspects of complex civil litigation, white collar criminal matters, government investigations, internal investigations, and contested regulatory proceedings. As a former federal prosecutor with the United States Department of Justice in Washington, D.C., Mike investigated and prosecuted corporate fraud cases and other complex white collar crimes. In addition, Mike is an experienced civil and criminal defense attorney, representing clients in a variety of civil matters, disciplinary hearings, and arbitrations, and in a wide range of criminal investigations, trials, appeals, and related proceedings. Mike's wide-ranging litigation experience provides the substantive, procedural, and practical skills to help clients successfully resolve the civil, criminal, and regulatory matters they face, whether through trial or pre-trial disposition.

Areas of Concentration

· Complex civil litigation

· White collar crime

· Government investigations

· Internal investigations

· Appeals

Significant Representations

· Currently representing former Governor Eliot Spitzer's former communications director in a number of proceedings. Successfully convinced Albany County District Attorney to not bring criminal charges.

· Recently represented WellCare in fraud investigation being conducted by the United States Attorney's Office in the Middle District of Florida.

· Recently represented public official in New York State Attorney General's pension investigation, and currently representing an attorney in the same investigation.

· Currently representing three dentists in New York State Attorney General's and Office of Medicaid Inspector General's joint Medicaid fraud investigation.

· Currently representing Health Insurance Plan of New York in civil RICO lawsuit.

· Currently representing company official under indictment in the Northern District of New York charged with violating immigration laws (United States v. Davidson, et al.)

· Recently represented major HMO in contract dispute with physicians' group.

· Recently represented investment group regarding New York's "insurable interest" law.

· Successfully convinced New York State Attorney General to close its investigation of a national car rental company.

· Negotiated favorable resolution with the New York State Workers' Compensation Board on behalf of nationally known, publicly traded company.

· Continued representation of nursing homes in variety of matters that arise from time to time.

· * The below representations were handled by Mr. Koenig prior to his joining Greenberg Traurig, LLP.

· Conducted internal investigations for Fortune 500 companies.

· United States v. Nacchio: Obtained indictment against former Chief Executive Officer of Qwest Communications for insider trading in the alleged amount of $100 million.

· United States v. Szeliga: Obtained guilty plea from former Chief Financial Officer of Qwest Communications to insider trading.

· United States v. Fiallo: Obtained guilty plea from former Chief Executive Officer of Enterasys Network Systems, Inc., to conspiracy to commit a $20 million securities fraud.

· United States v. Bode, et al.: Secured trial convictions of four defendants on charges of RICO, money laundering, bank fraud, mail fraud, and interstate transportation of stolen property.

· United States v. Dahn and Huger: Secured trial convictions of former university president for conspiracy and false swearing in an immigration matter, and of former university admissions officer for conspiracy.

· United States v. Lawrence: Successfully argued for significant downward departure of sentence, resulting in 37 month sentence where Guidelines called for 8-10 years, after trial conviction of former Chairman and Chief Executive Officer of publicly traded company on 20 count indictment alleging an approximately $35 million fraud.

· People v. Masucci: Successfully defended client accused of murder in first solo felony trial.

· People v. Carroll, 95 N.Y.2d 375 (2000): Successfully appealed rape and sexual assault convictions in the New York Court of Appeals.

· In re Grand Jury Proceedings: Successfully convinced prosecutors to not charge individual owners of a nursing home with Medicaid fraud.

· People v. Starr: Obtained a dismissal of indictment, with prejudice, after jury selection based upon prosecutorial misconduct.

Professional & Community Involvement

· Member, Committee on Character and Fitness, Third Judicial District

· Member, Advisory Group to New York State and Federal Judicial Council

Awards & Recognition

· Recipient, Assistant Attorney General's Award for Financial Integrity, United States Department of Justice, November 2004

Other Experience

Related Experience

· Adjunct Professor, Albany Law School, Criminal Trial Practice, Fall 2007, Spring 2008

Articles, Publications, & Lectures

Speeches

· Panelist, "Responding to Governmental Investigations: Systems and Procedures, Legal and Discovery Issues," Legal Tech 2007, New York, NY

· Panelist, "The McNulty Memo and Waiver of Attorney-Client Privilege," West Legalworks, Nationwide webcast

· Moderator, "Dealing with the Media in a High Profile Case," West Legalworks, Nationwide webcast

· Panelist, "Backdating Stock Options: Minimizing the Regulatory, Criminal and Civil Risks," West Legalworks, Nationwide webcast

· Speaker, "Taking on Goliath from David's Perspective: A Defense Attorney's Perspective When the Government Comes Calling," United States Postal Inspector Conference, Philadelphia, PA

· Panelist, "The Impact of the Latest Document Management and Trial Presentation Technology on Business Crimes Investigations and Prosecutions," Federal Bar Association's Annual Meetings, New Orleans, LA and Las Vegas, NV

· Speaker, "Corporate Fraud Case Study: Turning Challenges into Convictions," Federal Bureau of Investigation Corporate Fraud Training Conference, Boston, MA

· Speaker, "How to Effectively Use an Electronic Courtroom," Unitekd States Postal Inspector Conferences, Crystal City, VA; San Francisco, CA

· Speaker, "How to Effectively Negotiate Plea Agreements," Department of Justice training seminar, Washington, DC

· Guest Lecturer, "Picking a Jury in Criminal Cases," Albany Law School

· Speaker, "Lessons from the Battlefield: How to Avoid Trial Pitfalls," Albany Law School CLE

· Keynote Speaker, "Conducting Business with Ethics: From an Award Ceremony to Enron," Columbia Country Chamber of Commerce Awards Dinner

· Commencement Speaker, "Life is a Journey," Hudson High School

Miscellaneous

· Frequent commentator for various media outlets on a wide range of criminal defense matters