Michael Sklaire focuses his practice on government investigations, business crimes, and financial litigation and regulation. He has wide-ranging experience as a trial lawyer, including more than 11 years with the United States Department of Justice (DOJ). He handles jury trials, non-jury trials and arbitrations, both domestic and international. Michael represents corporations and executives before federal grand juries, the Securities and Exchange Commission (SEC), the Consumer Financial Protection Bureau (CFPB) and other government agencies. He also provides corporate compliance advice and conducts internal investigations in matters relating to procurement fraud and the Foreign Corrupt Practices Act (FCPA). Michael is frequently quoted in national publications as having wide-ranging experience handling public corruption, securities fraud and parallel civil and criminal investigations. He has published numerous articles and frequently lectures on a variety of legal issues.
Michael's commercial litigation practice focuses primarily on assisting clients in the financial services industry including local and national banks, consumer finance companies and mortgage bankers. He has provided valuable litigation assistance to corporate clients on issues relating to consumer fraud, identity theft, predatory lending and the securitization of mortgages, including successful representation of corporate clients before federal courts of appeals and the Supreme Court of Virginia.
Michael is licensed to practice in the federal and states courts in Connecticut, the District of Columbia, Maryland and Virginia, the Second Circuit Court of Appeals, and the United States Supreme Court. In addition, he is the Immediate Past Chair of the Federal Bar Association's Criminal Law Section, and is a member of the Criminal Justice Section of the District of Columbia Bar.
Prior to joining the firm, Michael worked as an Assistant United States Attorney in the District of Connecticut where he was assigned to the Organized Crime Task Force. In that position, he prosecuted the mayor of Connecticut's largest city on bribery and racketeering charges. Prior to that, Michael was assigned to the Criminal Division of the DOJ from which he supervised and prosecuted complex investigations in the Western District of Texas, Southern District of California and Northern District of Illinois.
During his time with the U.S. Department of Justice, Michael was presented the U.S. Attorney's Award for Superior Performance in 2004 and the Attorney General's Distinguished Service Award in 1997. In addition, he has been profiled as one of Virginia's top attorneys in the "Legal Elite" by Virginia Business magazine.
Areas of Concentration
· Government investigations - civil and criminal
· Financial crimes
· CFPB enforcement and examinations
· Securities fraud
· Consumer fraud
· Predatory lending
· Loan origination and servicing issues
· Identity theft
Professional & Community Involvement
· Immediate Past President, Federal Bar Association, Criminal Law Section
· Member, District of Columbia Bar Association, Criminal Justice Section
· Member, Virginia Bar Association
Awards & Recognition
· "Legal Elite," Virginia Business magazine
· Recipient, United States Attorneys Award for Superior Performance, 2004
· Recipient, Attorney Generals Distinguished Service Award, 1997
· Represented publicly-traded company in two-year SEC investigation relating to public disclosure issues.
· Represented company in extensive CFPB investigation.
· Represented Chairman and CEO of publicly-traded company in successful resolution of SEC charges.
· Represented UK business owner indicted in large high profile multi-national FCPA investigation. All charges dismissed against client.
· Represented large telecommunications company in a nationwide three-year investigation by the Federal Trade Commission (FTC) relating to consumer privacy issues.
· Represented member of Congress in long-term federal investigation before the DOJ and congressional investigators. No charges brought against client.
· Represented lobbyist in ongoing DOJ public corruption investigation. No charges brought against client.
· Represented chief accountant for large publicly traded company in an investigation relating to alleged violations of Sarbanes-Oxley before the DOJ and the SEC.
· Successfully argued financial services issue of first impression to the Virginia Supreme Court resulting in unanimous favorable ruling for banking client.
· Represented federal government contractor in agency Inspector General investigation.
· Conducted internal investigation of large private company related to allegations of theft of trade secrets.
· Defended large federal government contractor in multimillion dollar commercial dispute filed in federal court.
· Defended government contractor against allegations of copyright infringement related to creation and use of software by subcontractor filed in federal court.
· Conducted extensive internal investigation of large private company related to workplace enforcement and immigration issues.
· Defended technology company in Department of Commerce investigation of alleged export control violations.
· Defended employees of DOJ and Department of Homeland Security in a high-profile Bivens lawsuit filed in the Western District of Texas.
Publications & Presentations
Articles, Lectures & Publications
Articles and Publications
· Author, "Corporate Parallel Prosecutions," www.legallybrief.com, October 7, 2008
· Author, "Milberg, LLP's Post-Indictment Deal: New DOJ Approach To Criminal Settlements?" Washington Legal Foundation, July 25, 2008
· Author, "Administrative Subpoenas Blur the Line Between Civil and Criminal Enforcement," Washington Legal Foundation, December 2, 2005
· Author, "Deferred Prosecution Agreements: What Is the Cost Of Staying in Business?" Washington Legal Foundation, June 3, 2005
· Author, "Federal Court Ruling Will Impact SEC's Ability to Freeze Assets Under Sarbanes-Oxley Act," Washington Legal Foundation, January 28, 2005
GT Client Alerts
· Co-Author, "DOJ and SEC Release New Guidance on FCPA: More Clarity but Few Bright Lines," GT Alert, November 16, 2012
· Co-Author, "Consumer Financial Protection Bureau Issues Guidance for Opposing and Modifying Civil Investigative Demands," GT Alert, October 3, 2012
· Co-Author, "Virginia Supreme Court Requires Face-to-Face Meeting Prior to Commencing Foreclosures on FHA-Backed Loans," GT Alert, May 15, 2012
· Co-Author, "Mortgage Industry to Face Centralized Repository for State Regulatory Enforcement Actions - Deadline for Comments is September 20, 2011," GT Alert, September 13, 2011
· Co-Author, "SEC Announces New Enforcement Initiatives, Updates Enforcement Manual to Credit Cooperation," January 14, 2010
(Also at McLean, Virginia Office)