Tom Hanusik is a partner in Washington D.C. and a member of Crowell & Moring's White Collar & Regulatory Enforcement Group, which Law360 named a "White Collar Group of the Year" in 2012 and one of ten "FCPA Powerhouses" in 2013. Tom is also chair of Crowell & Moring's Investigations practice.
Tom's practice focuses on white collar defense, SEC Enforcement, FINRA Enforcement and internal investigations. He defends publicly traded and privately held companies, senior executives, board members and politicians during internal and government investigations, criminal and civil trials, regulatory enforcement actions, and appeals. Tom has over twenty years of trial and appellate experience. He also leads teams conducting internal investigations on behalf of companies, boards of directors and board committees, as well as advising corporate clients on remedial measures, compliance programs and training. Tom's recent engagements include representing institutions and executives in matters involving alleged violations of federal securities laws including financial fraud, insider trading, FCPA and Section 5 violations, AML requirements, federal and state tax offenses, public corruption and violations of U.S. export controls and sanctions regulations.
InsideCounsel's "Crisis Rolodex" magazine named Tom one of the "The Best Lawyers to Call in a Worst-Case Scenario" for a white collar investigation in its "Crisis Rolodex" in 2007. In 2013 and 2017, Tom was named to SecuritiesDocket's "Enforcement 40" list of the best and brightest SEC Enforcement attorneys in the industry. Tom is also Chambers ranked in white collar & government investigations where comments about him note, "He is very highly regarded for his extensive knowledge of all white collar matters," for being "very much attuned to which arguments will work," and for always "genuinely having his client's best interests at heart." Tom has also been consistently recognized in The Best Lawyers in America since 2008 in the areas of white collar criminal defense and securities regulation and by Super Lawyers since 2016.
Select Representations
- Conducted an internal investigation in Argentina and led the self-reporting to and negotiations with the SEC and DOJ on behalf of client Ralph Lauren Corporation in a matter involving allegations of Foreign Corrupt Practices Act (FCPA) violations. Result: successfully resolved the case through unprecedented dual non-prosecution agreements (NPA) with the SEC and DOJ, including the first NPA provided by the SEC to an issuer in an FCPA matter. [Click here for related coverage]
- Defended a CFO of a publicly traded company in an SEC investigation and litigation where the charges included multiple violations of the antifraud provisions of the federal securities laws. Result: secured an unprecedented summary judgment ruling denying the SEC's efforts to obtain any injunctive relief or officer and director bar. [Click here for the court opinion]
- Defended a registered investment advisor group following an SEC-OCIE examination and issuance of a lengthy deficiency letter. Result: convinced the SEC to close the matter without any enforcement action against the group or its executives.
- Represented a well-known broker-dealer as lead counsel in FINRA enforcement investigation regarding allegations of trading unregistered securities without appropriate money-laundering detection capabilities in place. Negotiated a favorable settlement with FINRA.
- Defended a CEO and his businesses during a federal criminal tax investigation. Result: after numerous productions and presentations, IRS-CID closed its investigation without taking any action.
- Defended publicly traded and privately held companies and executives, including CEOs, in the midst of several Securities and Exchange Commission (SEC) and U.S. Department of Justice (DOJ) investigations involving alleged FCPA violations. Results: secured declinations, public and private non-prosecution agreements and deferred-prosecution agreements for these clients.
- Conducting internal investigations domestically and abroad for clients confronting FCPA issues and leading the self-reporting efforts to DOJ and SEC.
- Defending senior executives at publicly traded financial institutions and mortgage securitization companies in connection with SEC and DOJ investigations regarding the subprime crisis.
- Defending publicly traded companies, board members and outside counsel responding to Financial Industry Regulatory Authority (FINRA) and SEC inquiries concerning potential insider trading.
- Defending numerous senior executives of publicly-traded companies in SEC accounting fraud-revenue recognition investigations.
- Defending a Registered Representative in connection with a market manipulation investigation by the SEC.
- Defending elected federal officials, law firms and lawyers involved in grand jury investigations involving allegations of public corruption.
Government Service
Tom joined Crowell & Moring after almost 12 years at the DOJ and SEC. While at DOJ, Tom was one of the original prosecutors on the Enron Task Force, where he successfully prosecuted a number of senior Enron executives and external advisers. He was then promoted to assistant chief in the Criminal Division, Fraud Section, where he also served as senior counsel for Securities Fraud. Prior to joining DOJ, Tom was senior counsel in the SEC's Division of Enforcement, where he successfully prosecuted a series of insider trading and financial fraud cases.
Throughout his career at both the DOJ and SEC, Tom led, supervised, and coordinated a number of parallel criminal grand jury and civil law enforcement investigations. In addition to the Enron Task Force, Tom was a member of the inter-agency Securities and Commodities Fraud Working Group at DOJ and he was active in DOJ's corporate fraud initiative. Tom has also participated in the negotiation of corporate-level dispositions on behalf of the government, including civil injunctive actions and cease-and-desist proceedings, and criminal deferred-prosecution and non-prosecution agreements.
Just prior to joining Crowell & Moring, Tom led DOJ's prosecution team investigating the abuse of finite reinsurance products in the insurance industry. He also has extensive experience prosecuting criminal and civil cases involving conspiracy, bank fraud, insider trading, money laundering, counterfeiting, identity theft, social security fraud and education loan fraud. He has extensive experience with extradition requests, gathering foreign evidence through Mutual Legal Assistance Treaties (MLATs), and investigating alleged FCPA violations.
Awards and Affiliations
Barrister, Edward Bennett Williams Inn of Court
Duke Law Alumni Association Board of Directors
Assistant Attorney General's Award for Financial Integrity
Letters of commendation from the Attorney General and the FBI Director
Special Achievement Awards and Meritorious Awards for exemplary service
Award for Public Service from the United States Attorney for the Eastern District of Virginia
Chair, Strategic Business Acceptance Subcommittee
Co-chair, ABA National Institute on Securities Fraud
Co-chair, ABA Securities Fraud Subcommittee
Co-chair, ABA Upjohn Task Force
Member, ABA White Collar Committee, Criminal Justice Section and Parallel Proceedings Task Force
Member, Business Development and Acceptance Committee
Affiliations
Admitted to practice: District of Columbia, New York, and numerous federal courts
Recent Highlights, News & Knowledge
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"Gap Year: COVID-19's Impact on White-Collar Crime Enforcement and Defense,"
Criminal Justice, Vol. 35, No. 3
(Fall 2020).
Authors: Thomas A. Hanusik, Daniel L. Zelenko, Nimrod Haim Aviad, and Laura Schwartz.
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Publication |
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Crowell & Moring Named to "GIR 100" for Sixth Consecutive Year
(Oct.29.2020)
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Firm News / Announcement |
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"Getting a subpoena: Are you ready?" Crowell & Moring Webinar
(October 13, 2020).
Presenters: James G. Flood, Thomas A. Hanusik, Rebecca Monck Ricigliano, and Michael Shaheen.
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Speech/Presentation |
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Fla. Asphalt Co. To Pay $16.6M Over South American Bribes
— Law360 (September 22, 2020)
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Media Mentions |
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Gov't Contractor Inks $38M Deal Over Military Bribery Claims
— Law360 (September 16, 2020)
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Media Mentions |
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The Best Lawyers in America 2021 Recognizes 46 Crowell & Moring Attorneys, Two Selected as Lawyer of the Year
(Aug.20.2020)
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Firm News / Announcement |
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Ex-Alstom Exec Gets Time Served For Indonesia Bribery
— Law360 (July 20, 2020)
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Media Mentions |
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"FCPA Guidance Update: DOJ and SEC Release Second Edition of Resource Guide to the U.S. Foreign Corrupt Practices Act,"
White Collar Alert
(July 9, 2020).
Contacts: Thomas A. Hanusik, Kelly T. Currie, Derek A. Hahn, Nimrod Haim Aviad, Arlen Pyenson
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Client Alert / Newsletter |
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Crowell & Moring Releases Investigations Crisis Response Mobile Application
(Jul.07.2020)
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Firm News / Announcement |
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"Supreme Court Upholds SEC's Ability to Seek Disgorgement, With Limits,"
White Collar Alert
(June 24, 2020).
Contacts: Daniel L. Zelenko, Thomas A. Hanusik, Nimrod Haim Aviad, Danielle Giffuni
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Client Alert / Newsletter |