Photograph of Thomas A. Hanusik
Named to 2013
"Enforcement 40" list
by SecuritiesDocket.com

Government Experience

  • Department of Justice: Criminal Division—Trial Attorney (1998-2003); Senior Counsel for Securities Fraud (2003-2004); Assistant Chief (2004-2006)
  • Department of Justice: Enron Task Force—Prosecutor, Enron Task Force (2002-2003)
  • Securities & Exchange Commission—Senior Counsel, Division of Enforcement (1994-1998)

Education

  • Fordham University, A.B. (1986)
  • Duke University School of Law, J.D. (1990)

Admissions

  • District of Columbia
  • New York

White Collar – The Yates Memo: Presumption of Guilt?


Click to read this article from
Crowell & Moring's Litigation Forecast 2017.
Litigation Forecast 2017

Thomas A. Hanusik, Partner Washington, D.C.
thanusik@crowell.com
Phone: +1 202.624.2530
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

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'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, Tom was named to SecuritiesDocket's inaugural "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.

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
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

Affiliations

Admitted to practice: District of Columbia, New York, and numerous federal courts



Highlights, News & Knowledge

Speeches & Presentations

  • "PLI's Internal Investigations 2017," New York (June 19, 2017). Panelist: Thomas A. Hanusik.
  • "Plenary Session: 2016: The Year in Review; 2017 The Year Ahead," ABA - 11th Annual National Institute on Securities Fraud, Park City, UT (January 12, 2017). Moderator: Thomas A. Hanusik.
  • "Enforcement: Current Priorities and Trends," FINRA's 2016 Annual Conference, Washington, D.C. (May 24, 2016). Presenter: Thomas A. Hanusik.
  • "2015: The Year in Review," ABA - 10th Annual National Institute on Securities Fraud, New Orleans, LA (October 1, 2015). Presenter: Thomas A. Hanusik.
  • "Year in Review," ABA's Eighth Annual National Institute on Securities Fraud, New Orleans, LA (October 24-25, 2013). Moderator: Thomas A. Hanusik.
  • "M&A Due Diligence," ABA's Sixth Annual National Institute on the Foreign Corrupt Practices Act, Washington, D.C. (September 18-20, 2013). Moderator: Thomas A. Hanusik.
  • "Commencing the Investigation: Considerations at the Outset," PLI Internal Investigations 2013 (June 25, 2013). Speaker: Thomas A. Hanusik.
  • "SEC Consent Decrees," Corporate Crime Reporter Neither Admit Nor Deny: Corporate Crimes in the Age of Deferred Prosecutions, Consent Decrees, Whistleblowers & Monitors, Washington, D.C. (May 3, 2013). Speaker: Thomas A. Hanusik.
  • "Securities Fraud: What is Happening Post-Indictment," 27th Annual National Institute on White Collar Crime (March 6-8, 2013). Panelist: Thomas A. Hanusik.
  • "Plenary Session: The Year in Review," ABA's Seventh Annual National Institute on Securities Fraud, New Orleans, LA (November 15-16, 2012). Presenter: Thomas A. Hanusik.
  • "Commencing the Investigation: Considerations at the Outset," Internal Investigations 2012: How to Protect Your Clients or Companies in the Global, Post-Dodd-Frank World, Practising Law Institute, New York, NY (June 26, 2012). Presenter: Thomas A. Hanusik.
  • "Developments, Trends, Expectations in Securities Fraud Investigations and Prosecutions," 6th Annual Institute on Securities Fraud, New Orleans, LA (November 3-4, 2011). Moderator: Thomas A. Hanusik.
  • "The UK Bribery Act and Foreign Corrupt Practices Act: What US Companies Need to Know," Crowell & Moring Breakfast Briefing, New York, NY (September 21, 2011). Speaker: Thomas A. Hanusik.
  • "Commencing the Investigation: Considerations at the Outset," Internal Investigations 2011: Investigations in the Aftermath of Dodd-Frank, Practising Law Institute, New York, NY (June 28, 2011). Presenter: Thomas A. Hanusik.
  • "Plenary Session: Developments, Trends and Expectations in Securities Fraud Investigations and Prosecutions," ABA's Fifth Annual National Institute on Securities Fraud, New Orleans, LA (October 7, 2010). Moderator: Thomas A. Hanusik.
  • "Plenary Session: Developments, Trends and Expectations in Securities Fraud Investigations and Prosecutions," ABA's Fourth Annual National Institute on Securities Fraud, Washington, DC (October 15, 2009). Moderator: Thomas A. Hanusik.
  • "Litigation & White Collar Crime Corporate Special Investigations," AICPA National Forensic Accounting Conference 2009, Orlando, FL (September 23, 2009). Panelist: Thomas A. Hanusik.
  • "Developing and Growing Your Niche Litigation Practice," AICPA National Forensic Accounting Conference 2009, Orlando, FL (September 23, 2009). Panelist: Thomas A. Hanusik.
  • "Webinar: The FCPA in India," United States India Business Council (June 2009). Presenter: Thomas A. Hanusik.
  • "Government Investigations Luncheon Speaker," FIOS VA, Tyson’s Corner, VA (June 18, 2009). Presenter: Thomas A. Hanusik.
  • "Survival Skills for Global Legal Practitioners," International Bar Association, 12th Transnational Crime Conference, New York, NY (June 12, 2009). Panelist: Thomas A. Hanusik.
  • "Securities Enforcement," ABA's 23rd Annual National Institute on White Collar Crime, San Francisco, CA (March 5, 2009). Panelist: Thomas A. Hanusik.
  • "Credit Default Swaps: Exploring the Controversy," Crowell & Moring Litigation & Bankruptcy Webinar (November 20, 2008). Co-Presenters: Thomas A. Hanusik and William J. McSherry Jr.
  • "Plenary Session: Developments, Trends and Expectations in Securities Fraud Investigations and Prosecutions," ABA's Third Annual National Institute on Securities Fraud, Washington, DC (October 2, 2008). Moderator: Thomas A. Hanusik.
  • "Plenary Session: Developments, Trends and Expectations in Securities Fraud Investigations and Prosecutions," ABA's Second Annual National Institute on Securities Fraud, Washington, DC (October 25, 2007). Moderator: Thomas A. Hanusik.
  • "Plenary Session: Developments, Trends and Expectations in Securities Fraud Investigations and Prosecutions," ABA's First Annual National Institute on Securities Fraud, Washington, DC (September 28, 2006). Moderator: Thomas A. Hanusik.

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Firm News & Announcements

May.26.2017 Chambers USA 2017 Ranks 53 Crowell & Moring Lawyers and 23 Practice Areas Among Best in U.S.
Nov.30.2016 Super Lawyers Recognizes 71 Crowell & Moring Lawyers Across United States
Aug.18.2016 The Best Lawyers in America 2017 Recognizes 38 Crowell & Moring Attorneys
May.27.2016 Chambers USA Ranks 56 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
Oct.30.2015 21 Crowell & Moring Lawyers Recognized by the International Who's Who of Business Lawyers 2015
Oct.12.2015 Crowell & Moring Recognized Among Global Investigation Review's 'GIR 100'
Aug.25.2015 The Best Lawyers in America 2016 Recognizes 39 Crowell & Moring Attorneys
May.19.2015 Chambers USA Ranks 53 Crowell & Moring Attorneys and 20 Leading Practice Areas Among Best in U.S.
Jan.13.2015 Crowell & Moring Releases Third Annual Litigation Forecast Report and Inaugural Regulatory Forecast
Aug.28.2014 The Best Lawyers In America 2015 Recognizes 40 Crowell & Moring Attorneys
Jul.01.2014 25 Crowell & Moring Lawyers Recognized by The International Who's Who of Business Lawyers 2014
May.23.2014 Chambers USA Ranks 51 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
Sep.03.2013 The Best Lawyers In America 2014 Recognizes 41 Crowell & Moring Attorneys
Jun.24.2013 Crowell & Moring Recognized by National Law Journal as Washington, D.C. "General Civil Litigation" Department of the Year
May.29.2013 Crowell & Moring Among Law360's Elite "FCPA Powerhouse" Law Firms
Apr.22.2013 Deal Note: Crowell & Moring Secures Unprecedented Parallel SEC/DOJ Non-Prosecution Agreements for Client Ralph Lauren Corporation
Sep.04.2012 The Best Lawyers in America 2013 Recognizes 44 Crowell & Moring Attorneys
Feb.16.2012 Crowell & Moring Among Law360's Elite "Practice Group of the Year" Listing for Government Contracts and White Collar
Aug.30.2011 The Best Lawyers in America 2012 Recognizes 43 Crowell & Moring Attorneys
Aug.03.2010 The Best Lawyers in America 2011 Recognizes 44 Crowell & Moring Attorneys
Dec.08.2008 Credit Market Leaders Discuss What’s Next in Market Forces, Litigation, Regulation, Accounting & Tax
Sep.11.2007 The Best Lawyers in America 2008 Recognizes 34 Crowell & Moring Attorneys