Derek Hahn is a partner in Crowell & Moring's White Collar & Regulatory Enforcement Group and a member of the firm’s Investigation Practice. Derek’s practice focuses on white collar defense, internal investigations, complex litigation, and compliance counseling. He represents clients in an array of government investigations and enforcement actions alleging financial fraud, public corruption, conflicts of interest, counterfeiting, procurement integrity, and health care fraud. Derek has also defended clients in several multi-million dollar environmental enforcement matters at both the federal and state level.
Derek has extensive experience managing matters involving the Foreign Corrupt Practices Act (FCPA) having counseled clients in multiple industries on FCPA matters across six continents. His FCPA experience includes government and internal investigations, third-party due diligence reviews, compliance program and training development, and anti-corruption risk assessments. He has defended multiple FCPA investigations brought by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC).
In addition to his white collar practice, Derek regularly volunteers time to pro bono matters. He co-chaired a pro bono jury trial in a federal civil rights case in Los Angeles, and assists low income individuals in obtaining free legal representation through the Archdiocesan Legal Network.
Derek has been recognized by Super Lawyers as a leading white collar attorney since 2017.
Derek previously served on the Board of the Orange County Chapter of the National Contract Management Association. He was elected president for two consecutive terms and led the Chapter to earn the organization’s highest national recognition during his tenure.
Affiliations
Professional Activities and Memberships
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American Bar Association: Member, Global Anti-Corruption Committee and International White Collar Committee
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Planning Committee Member, Federal Bar Association, OC Young Lawyers Division
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Past-President, National Contract Management Association, Orange County Chapter
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Association of Surfing Lawyers
Representative Matters
Selected FCPA Engagements
- Defense of multinational company and individuals in investigation by the DOJ and SEC of potential FCPA violations in India. This representation involved multiple subpoena responses, worldwide preservation efforts, extensive forensic accounting, and safe passage negotiations for government interviews of foreign national employees. Results: non-public declination by both the DOJ and SEC for the company and its employees with no penalties or adverse action.
- Representation of multinational company in response to a DOJ inquiry stemming from allegations of FCPA violations in Southern Europe. Successfully negotiated voluntary productions and resolved the inquiry with no adverse action against the company or its employees.
- Conducted post-acquisition FCPA risk assessment and internal investigation of a potential corruption issue following the acquisition of a multinational company in South America.
- Advised multinational company on FCPA issues arising from the Operation Lava Jato ("Car Wash") investigations in South America.
- Represented the former president and CFO of a pharmaceutical company during an internal investigation of FCPA issues by an independent Board committee, resulting in no adverse action against the client.
- Counseled multiple clients on the development or improvement of anti-corruption compliance programs, including related risk assessments, third-party due diligence protocols, and training materials.
Selected Enforcement and Investigation Engagements
- Defended small privately-held business in investigation by U.S. Attorney’s Office into the alleged sale of counterfeit grey market goods, resulting in no adverse action against the client.
- Represented a health care executive in connection with federal health care fraud and public corruption investigations, resulting in a favorable plea agreement.
- Defended the nation's largest cement manufacturer in multistate Clean Air Act investigations and federal court litigation brought by the DOJ Environmental Enforcement Division and Environmental Protection Agency (United States v. CEMEX California Cement, LLC, ED-CV-07-00223-GW (C.D. Cal. 2009); United States v. CEMEX, Inc., No. 1-09-CV-00019-MSK (D. Colo.)).
- Represented the former CFO of publicly-traded pharmaceutical company in connection with an accounting fraud investigation, resulting in no adverse action against the client.
- Defended an individual in a DOJ criminal antitrust investigation of certain financial products in Asia, resulting in no adverse action against the client.
- Advised a multi-billion dollar public retirement fund on conflicts of interest under California Government Code Section 1090.
- Represented an oil company and oil company executives in connection with a criminal environmental enforcement action, resulting in a favorable civil settlement.
- Defended an IT contractor in a federal grand jury investigation predicated on whistleblower allegations of mischarging and revolving door violations related to a multi-million dollar Iraq reconstruction contract, resulting in no adverse action against the client.
- Represented a client in a discharge investigation by the California State Water Resource Control Board's Office of Enforcement, resulting in a favorable civil settlement.
Recent Highlights, News & Knowledge
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Girardi Keese Finances May Take Years, And Luck, To Unravel
— Law360 (March 14, 2022)
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Press Coverage |
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"Supply Chain Webinar Series: White Collar & Regulatory Enforcement Issues," Crowell & Moring Webinar
(February 24, 2022).
Speakers: Caroline E. Brown, Derek A. Hahn, Agustin Orozco and Tiffany Wynn.
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Speech/Presentation |
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DEAL NOTE: Crowell & Moring Advises Kymco Capital and Kwang Yang Motor Co. in First Publicly Traded EV Motorcycle Company in U.S., Valued at $1.77 Billion
(December 14, 2021)
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Firm News / Announcement |
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"Supply Chain Pressures Trigger Escalating FCPA Risks — Impact on Retailers,"
Crowell & Moring’s Retail & Consumer Products Law Observer
(November 22, 2021).
Authors: Chris Murphy, Tiffany Wynn and Derek A. Hahn.
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Publication |
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Crowell & Moring Named to "GIR 100" for Seventh Consecutive Year
(November 11, 2021)
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Firm News / Announcement |
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"Anticorruption/ FCPA," Retail Industry Leaders Association Consumer Products Committee Virtual Meeting
(October 5 - 6, 2021).
Speakers: Derek A. Hahn and Tiffany Wynn
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Speech/Presentation |
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Dj Wolff and Derek Hahn Author U.S. Chapter of WorldECR’s Managing Investigations Global Guide
(August 16, 2021)
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Firm News / Announcement |
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"Managing Investigations - Best practice in Government and Internal Investigations,"
WorldECR Global Guide
(August 9, 2021).
Authors: Derek Hahn and Dj Wolff
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Publication |
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"Environmental Investigations," Investigations: Readiness and Response Webinar Series
(April 30, 2021).
Co-Presenters: Michael Boucher, Derek A. Hahn, Byron R. Brown, and Paul Freeman.
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Speech/Presentation |
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Crowell & Moring Named to "GIR 100" for Sixth Consecutive Year
(October 29, 2020)
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Firm News / Announcement |