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Mark Finucane specializes in representing institutions and individuals in cross-border criminal and civil investigations by the U.S. Department of Justice, Securities and Exchange Commission, and other U.S. regulators. He has also conducted numerous internal investigations involving issues relating to bribery, fraud, money laundering, and other matters presenting significant risk. In addition to Mr. Finucane’s investigations practice, he regularly advises clients on compliance program obligations under the U.S. Foreign Corrupt Practices Act and other U.S. laws.
Mr. Finucane was included in Global Investigations Review’s 2020 “40 under 40” list of the world’s most accomplished young investigations and white collar lawyers. Clients have praised Mr. Finucane as having “thorough, substantive knowledge of the applicable law and excellent strategic judgment in dealings with governmental agencies.”
- Representing a major manufacturer of commercial vehicles in a multi-agency investigation of emissions issues.
- Representing a major financial institution in multi-agency investigation of foreign bribery relating to hiring practices.
- Representing a special committee of the board of directors of a global non-profit organization in internal investigation of foreign bribery issues.
- Representing a major financial institution in investigations into debt collection and foreclosure practices by state and federal regulators.
- Representing two major financial institutions in criminal investigations related to alleged tax shelters.
- Representing a major financial institution in U.S. Department of Justice investigation into the creation and underwriting of mortgage-backed securities.
Pro Bono
- Completed a full-time pro bono rotation at the Neighborhood Legal Services Program, representing low-income DC residents in family law matters.
- Represented a political party under investigation by the Department of Justice.
February 15, 2021, Covington Alert
On 5 February 2021, the UK Supreme Court handed down its judgment in an appeal by KBR, Inc. (KBR) against the High Court’s refusal to quash a document production notice served on it by the Serious Fraud Office (SFO). Among other grounds, KBR—a U.S.-incorporated company that has UK subsidiaries but does not itself have a place of business or carry on business in ...
Winter 2021, Covington Alert
As we noted in a recent client advisory, we have observed an upward trend in recent years in anti-corruption enforcement activity in Africa, including cross-border cooperation between African law enforcement authorities and their counterparts in the U.S. and UK. Looking ahead to 2021 and beyond, we see no reason to expect this trend to reverse. While 2020 did ...
September 4, 2020, Covington Alert
It has been over twenty years since the OECD Anti-Bribery Convention came into force, over a decade since the enactment of the UK Bribery Act, and over three years since the passage of France’s Sapin II law. Alongside those ground-breaking developments have come a host of other measures across the Europe, Middle East, and Africa (“EMEA”) region to strengthen ...
July 6, 2020, Covington Alert
On July 3, 2020, the U.S. Department of Justice’s (“DOJ” or the “Department”) Criminal Division and the U.S. Securities and Exchange Commission’s (“SEC”) Enforcement Division quietly released A Resource Guide to the U.S. Foreign Corrupt Practices Act, Second Edition (the “Second Edition”). The first edition of the Resource Guide (the “First Edition”) was ...
Mark Finucane Named to GIR 40 Under 40
April 23, 2020
LONDON—Global Investigations Review has named Mark Finucane to its third “40 Under 40” list, profiling 40 leading investigations specialists from around the world. Honorees were selected on a range of factors including their experience, third-party references, and the jurisdictions where they work. Mr. Finucane’s practice focuses on representing institutions and ...
October 22, 2019, Cov Africa
In our experience, compliance professionals spend a significant amount of time and resources focusing on the “how” – designing, implementing, sustaining, and improving effective compliance programs. This focus is no doubt warranted given recent emphasis by enforcement authorities on the need for corporates to test the effectiveness of their compliance programs. ...
October 22, 2019, Cov Africa
Companies today face increasingly complex regulatory frameworks globally and intense levels of corporate scrutiny from government enforcement agencies around the world. As government agencies embrace sophisticated crime-busting technology and the world shrinks through greater inter-agency cooperation, there are more ways than ever for governments to identify ...
October 8, 2019, Cov Financial Services
The U.S. Government’s fiscal year-end filing rush has resulted in a wave of new spoofing enforcement. In August, the Fraud Section of the Department of Justice’s (“DOJ”) Criminal Division charged four individuals with spoofing in precious metals futures markets. In September, the Commodity Futures Trading Commission (“CFTC”) brought overlapping charges against ...
August 23, 2019, Covington Alert
The Serious Fraud Office (SFO) released its much-anticipated cooperation guidance on August 6, 2019. The five-page document sets out the steps an organization can take to assist the SFO in an investigation and thereby maximise the organization’s chances of avoiding prosecution. The publication represents a welcome change in direction on the part of the SFO, ...
June 2019, GIR Insight - Europe, The Middle East and Africa Investigations Review 2019
Accreditation: An extract from the 2019 edition of Europe, The Middle East and Africa Investigations Review. The whole publication is available at https://globalinvestigationsreview.com/edition/1001341/europe-the-middle-east-and-africa-investigations-review-2019.
May 10, 2019, Covington Alert
On April 30, 2019, the U.S. Department of Justice (“DOJ”) Criminal Division released an updated version of the Evaluation of Corporate Compliance Programs (the “Guidance”), which serves as a reference for prosecutors in assessing corporate compliance programs in the context of DOJ investigations.
April 3, 2019, Covington Alert
In March 2019, the U.S. Department of Justice introduced several changes to the Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“the Policy”). The Policy, originally incorporated into the Justice Manual in November 2017, outlines the Department’s position on mitigation credit that companies may receive for voluntary self-disclosure, full ...
April 3, 2019, Covington Alert
In March 2019, the U.S. Department of Justice introduced several changes to the Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“the Policy”). The Policy, originally incorporated into the Justice Manual in November 2017, outlines the Department’s position on mitigation credit that companies may receive for voluntary self-disclosure, full ...
Covington Promotes 20 New Partners
October 1, 2018
WASHINGTON—Covington has promoted 20 lawyers to its partnership. “This group covers a wide range of the firm’s most important practices and reflects the ongoing imperative of continuing to build and expand our strengths and to position the firm most effectively to be vibrant in the years ahead,” said Timothy Hester, Covington’s chair. "The size of our class is a ...
- GIR, "40 Under 40" (2020)
COVID-19: Legal and Business Toolkit
We are helping clients around the world navigate this evolving, complex situation.