Kevin McCart’s practice is focused on global financial crimes defense and compliance counseling. He regularly advises financial institutions, corporations, sovereigns and individuals in complex white collar criminal defense, regulatory enforcement defense, internal investigations and compliance matters. Kevin helps clients facing allegations of white collar criminal, civil and regulatory violations avoid prosecution and minimize potentially damaging outcomes. He has particular expertise handling cases involving economic sanctions, the Bank Secrecy Act/anti-money laundering (BSA/AML) laws and regulations, bank fraud, export controls, the Foreign Corrupt Practices Act (FCPA), the False Claims Act (FCA), international humanitarian law, healthcare fraud and industrial disasters. Kevin is experienced in assessing and remediating financial crime compliance programs, including advising regarding Financial Action Task Force (FATF) mutual evaluations and follow up.

    Kevin guides clients through regulatory examinations, compliance program assessments and enhancements, internal reviews, and the defense of government regulatory and enforcement actions. He has significant experience conducting discreet and privileged sanctions, money laundering and counterterrorism financing (CTF) related reviews for global financial institutions, as well as assessing, improving and remediating essential compliance functions and internal controls. Kevin routinely defends international financial institutions and corporations in complex multijurisdictional, multi-agency investigations and enforcement actions. These matters have included such locations as the Bahamas, Bahrain, China, Egypt, France, India, Indonesia, Kuwait, Mexico, Pakistan, Saudi Arabia, South Africa, Switzerland, the UAE and the UK.

    He regularly represents clients in matters involving the Department of Justice, the Office of Foreign Assets Control (OFAC), the Federal Reserve, the Federal Deposit Insurance Corporation (FDIC), the New York Department of Financial Services (DFS), the Department of Health and Human Services (HHS), the Department of Labor and US Attorneys’ Offices. Kevin also assists clients with matters in front of foreign regulators and enforcement authorities, and is adept at advising clients on how best to navigate the competing demands of multiple regulatory and criminal enforcement agencies, their home country regulators, external auditors and insurers, among other stakeholders.

    Before entering private practice, Kevin was an active duty Army judge advocate, where he gained considerable trial experience as a felony prosecutor and civil litigation attorney. While deployed to Afghanistan, he led sensitive criminal and administrative investigations into allegations of detainee abuse, fraud and war crimes.

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    • Representing foreign financial institutions, primarily in the Middle East, Asia and Africa, in investigations of potential violations of US sanctions and money laundering laws, including representation before OFAC, the Department of Justice, US Attorneys’ Offices and other US and home-country enforcement agencies and regulators.
    • Represented a global, GCC-based bank in defending and resolving a multiyear OFAC investigation with the issuance of a non-public cautionary letter and no finding of violation or monetary penalty.
    • Represented National Commercial Bank, Saudi Arabia’s largest bank, in defending and settling a multiyear OFAC investigation of apparent violations of US sanctions against Sudan and Syria.
    • Represented Habib Bank Limited, Pakistan’s largest bank, in liquidating its New York branch without further enforcement action by the Federal Reserve or the New York Department of Financial Services.
    • Advising a regional bank on BSA/AML and sanctions matters related to loans, trade finance and customer due diligence.
    • Advising a super-regional bank on compliance with the requirements of the Paycheck Protection Program (PPP).
    • Defended multiple defense contractors in civil and criminal export control investigations (ITAR and EAR).
    • Conducted anti-money laundering and sanctions risk assessment for a large multinational financial services company in preparation for its home country FATF mutual evaluation. Advised the company on improvements to its existing financial crime controls.
    • Represented a global food production and distribution company in internal investigation of alleged sanctions violations and deceptive business practices by senior executives.
    • Represented international infrastructure company in a multiyear, global FCPA investigation resulting in one of the most significant FCPA resolutions to date.
    • Advised numerous international companies on FCPA, export controls and OFAC sanctions compliance.
    • Designed anticorruption compliance programs for international manufacturing, finance and energy companies.
    • Represented a multistate pharmacy benefits management company in federal grand jury investigation regarding alleged Medicare and Employee Retirement Income Security Act (ERISA) fraud, resulting in a favorable non-prosecution agreement.
    • Represented national home healthcare provider in parallel criminal and civil False Claims Act investigations. The global resolution included a deferred prosecution agreement and civil settlements with the US and more than 30 states, as well as a corporate integrity agreement with the Department of Health and Human Services Office of Inspector General.
    • Represented former medical testing company officer in criminal healthcare fraud investigation.
    • Represented skilled nursing facility in civil False Claims Act case and persuaded US Attorney’s Office not to intervene, effectively ending the litigation.
    • Successfully defended international construction company in False Claims Act litigation.
    • Represented government contractor in federal public corruption investigation.
    • Successfully defended a DOD contractor in debarment action.
    • Represented Massey Energy Company in criminal, administrative, and civil matters arising from the April 2010 fatal explosion at Massey’s Upper Big Branch mine.
    • Conducted internal investigations of potential insider trading for publicly traded energy company and represented company in related SEC investigation.
    • Represented international energy company in SEC investigation.
    • Represented international renewable energy company in multimillion-dollar commercial litigation regarding the sale of a generating facility.
    • Secured favorable resolution for individual charged in federal criminal aggravated identity theft investigation.
    • Represented patent owner in fraud litigation that yielded a Top 10 settlement for 2009 according to IP360 (US$70 million).
    • Successfully represented former name partner of major law firm in numerous federal and state lawsuits and arbitrations, including successful arbitration of firm’s US$120 million demand.
    • Represented CEO of internet company in Federal Trade Commission litigation alleging US$100 million fraud.

    Education

    • University of Virginia, J.D., 2000
    • Dartmouth College, B.A., magna cum laude, 1997

    Admissions

    • District of Columbia, 2008
    • Massachusetts, 2000

    Courts

    • U.S. Dist. Ct., Dist. of Columbia
    • U.S. Dist. Ct., Dist. of Maryland
    • U.S. Court of Federal Claims
    • U.S. Supreme Court
    • Recognized by Super Lawyers as a Top Rated White Collar Crimes Attorney in Washington DC

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    • Panelist, Central Bank of the UAE National Summit on Counter Terrorist Financing and Sanctions, Abu Dhabi, UAE, November 2019.
    • Panelist, “Cross-Border Enforcement of Trade Sanctions,” Annual Conference of the International Bar Association, Rome, Italy, October 2018.
    • Panelist, “Preparing a Coordinated Response to Government Inquiries and Investigations,” Northeast eDiscovery and Information Governance Retreat, Middleburg, VA, October 2018.
    • Co-author, “How Hoskins Limits Extraterritorial Sanctions Enforcement,” Law360 Expert Analysis, September 2018.
    • Co-author, “Obama Administration Lifts Embargo of Sudan,” Squire Patton Boggs Client Alert, January 2017.
    • Co-author, “Supreme Court’s “Demanding” Materiality Standard Provides Some Protection from False Claims Act,” Squire Patton Boggs Client Alert, June 2016.
    • Presenter, “Best Practices to Address Your Worst Case Scenario: Planning for and Responding to a Federal Search Warrant,” West LegalEdcenter Beyond the Bar Webcast, June 2014.
    • Speaker, “Fraud Prevention and Control,” American Council of Engineering Companies, Denver, Colo., September 2013.

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