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- Professionals
- Steven E. Fagell
Steve Fagell is co-chair of the White Collar Defense and Investigations Practice Group. Covington's white collar group has received numerous honors and awards, including multiple selections as a Law360 "Practice Group of the Year" and consistent rankings by Chambers USA in "Band 1" nationwide for corporate investigations. The American Lawyer recently dubbed Covington "The Regulator Whisperers."
Mr. Fagell is a former senior official in the Criminal Division at the U.S. Department of Justice. He represents companies and individuals facing sensitive government investigations, with a focus on cases involving FCPA, export controls, accounting fraud, healthcare fraud, and corporate crises presenting multi-layered enterprise risk. Mr. Fagell brings a unique approach to white collar enforcement and has achieved extraordinary results for his clients. In 2019 and 2020 alone, he secured declinations for five publicly-traded, multinational companies across a range of industries, even after multi-year investigations in which the U.S. government had invested significant resources.
Chambers USA has recognized Mr. Fagell as one of the top white collar lawyers in Washington, DC, and as a nationwide expert in FCPA. Clients describe him in Chambers as "the ultimate regulator whisperer," adding that he is "extremely practical and a phenomenal problem solver on some of the thorniest legal issues you can imagine," "extremely good," and "one of the smartest guys around" who "doesn't miss a beat." Earlier in his career, Global Investigations Review/Who's Who Legal recognized Mr. Fagell as the top investigations practitioner in the United States (45 and Under) and described him as having an "eminent name for both corporations and individuals on matters of high-stakes civil and criminal enforcement."
U.S. Government Enforcement Resolutions
- Global, publicly traded company: Lead counsel in securing a 2020 declination from DOJ and a favorable settlement from the SEC in a multi-country FCPA investigation.
- Uber Technologies, Inc.: Lead coordinating and settlement counsel in securing a 2020 declination from DOJ in a FCPA investigation of Uber's businesses in India, Indonesia, Malaysia, and China.
- Multinational, publicly traded diversified investment holding company: Lead counsel in securing a 2020 declination from DOJ in a procurement fraud and obstruction investigation relating to conduct in Korea.
- Multinational, publicly traded pharmaceutical company: Lead counsel in securing a declination in 2019 from DOJ in a FCPA investigation relating to alleged bribery in the Middle East.
- Multinational, publicly traded biopharmaceutical company: Lead counsel in securing a declination in 2019 from the SEC after a four-year FCPA investigation relating to alleged bribery in Latin America.
- Fortune 100 aerospace/defense company: Lead counsel in securing a declination in 2017 from DOJ after a four-year criminal export controls and false statements investigation.
- Leading Non-Profit Entity: Co-lead counsel in securing a declination in 2017 from DOJ after a five-year FCPA investigation.
- Anheuser-Busch InBev: Lead counsel in securing a declination in 2016 from DOJ and a favorable settlement from the SEC in connection with parallel FCPA investigations of ABI’s former joint venture in India.
- Hewlett-Packard Company: Settlement counsel in 2014 FCPA resolutions with DOJ and SEC regarding HP’s businesses in Russia, Poland, and Mexico.
- United Technologies Corporation: Lead Washington, D.C. counsel in a 2012 DOJ criminal export controls and false statements enforcement action.
Representative On-Going Engagements
- Multinational, publicly traded technology company: Lead coordinating counsel across various criminal and civil regulatory investigations by DOJ, SEC, FTC, state AGs, and other regulators.
- Multinational, publicly traded consumer products company: Lead counsel in an ongoing DOJ healthcare fraud investigation.
- Multinational, publicly traded diversified manufacturing company: Lead U.S. counsel in an ongoing DOJ fraud investigation.
- Multinational, state-owned minerals company: Lead U.S. counsel in an ongoing SEC FCPA investigation.
Memberships and Affiliations
- White Collar Law360, Editorial Advisory Board (2013-2015)
- Edward Bennett Williams Inn of Court
Previous Experience
- Mr. Fagell is former Deputy Chief of Staff and Counselor in the Criminal Division at the Department of Justice. As one of the highest-ranking members of the Criminal Division’s senior leadership team from 2009-2010, Mr. Fagell was a key advisor to Assistant Attorney General Lanny A. Breuer on a broad range of litigation, policy, legislative, and management issues.
- Earlier in his career, Mr. Fagell worked at The Monitor Group as a business strategy consultant.
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 ...
January 30, 2020, Covington Alert
It has been another strong year in anti-corruption enforcement, with 2019 meeting or beating the high-water mark for enforcement across a number of measurements.
December 17, 2019, Covington Alert
On Friday, December 13, Principal Deputy Attorney General David Burns of the Justice Department’s (“DOJ’s” or “the Department’s”) National Security Division (“NSD”), announced a new DOJ policy for business organizations that voluntarily disclose potential criminal violations of the U.S. export controls and sanctions laws to NSD’s Counterintelligence and Export ...
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.
July 21, 2020, Covington Alert
On July 17, 2020, Commonwealth Edison Company (“ComEd”), an Illinois utility company, entered into a deferred prosecution agreement (the “DPA”) with the U.S. Department of Justice (“DOJ” or the “Department”) to resolve allegations of bribery under 18 U.S.C. § 666, which prohibits theft or bribery concerning programs receiving federal funds. Aside from the ...
June 24, 2020, Covington Alert
On June 22, 2020, in Liu v. SEC, the U.S. Supreme Court, by an 8-1 majority, upheld the SEC’s decades-old practice of seeking disgorgement of ill-gotten gains from securities law violators in civil enforcement actions filed in federal district court. The SEC’s victory, however, was tempered by the Court’s insistence that disgorgement must be strictly limited to ...
June 3, 2020, Covington Alert
On June 1, 2020, the U.S. Department of Justice (“DOJ” or the “Department”) Criminal Division released an updated version of its Evaluation of Corporate Compliance Programs document (the “Guidance”), which serves as a reference for prosecutors in assessing corporate compliance programs in the context of DOJ investigations. The Department last revised the ...
Criminal Statutes of Limitations and Speedy Trial Act Considerations During the COVID-19 Pandemic
April 3, 2020, Covington Alert
COVID-19 (hereinafter, “the coronavirus”) is causing significant interruptions to the legal system across the United States, with implications for actual and potential subjects in government investigations and defendants in enforcement actions. This client advisory analyzes the pandemic’s potential effects on the default statute of limitations for federal crimes ...
March 31, 2020, Covington Alert
On March 30, 2020, the inspectors general of several major agencies selected the Department of Defense Inspector General, Glenn Fine, to lead a newly created federal oversight entity that will investigate waste, fraud, and abuse in connection with the massive new coronavirus economic relief legislation. The inspectors general were exercising new authority ...
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 ...
Q1 2019, Covington Alert
It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...
Winter 2019, Covington Alert
It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...
September 28, 2018, Covington Advisory
On August 24, 2018, the Second Circuit issued its much-anticipated decision in U.S. v. Hoskins.Emphasizing on multiple occasions that Congress defined “with surgical precision” who could be liable under the anti-bribery provisions of the Foreign Corrupt Practices Act (“FCPA”), the court held that the government may not employ conspiracy or accomplice liability ...
July 19, 2018, Covington Alert
Last week, in SEC v. Cohen, a federal district court dismissed an SEC enforcement action, in its entirety, on statute-of-limitations grounds. Most notably, citing the Supreme Court’s 2017 Kokesh decision, the court held that the injunction sought by the SEC in the case "would function at least partly to punish Defendants and is therefore a penalty" for purposes ...
June 6, 2018, PLI Course Handbook, Internal Investigations
March 7, 2018
WASHINGTON—Global Investigations Review and Who’s Who Legal: Investigations have recognized Covington’s White Collar Defense and Investigations Practice Group in its 2018 report. The publication named Covington partners Tammy Albarrán and Steven Fagell to the inaugural Future Leaders issue, a ranking of “the most eminent lawyers in the field under 45,” and ...
February 23, 2018, Covington Alert
On Wednesday, the Supreme Court issued its much-anticipated decision in Digital Realty Trust, Inc. v. Somers. Ruling 9-0, the Court held that the Dodd-Frank Act prohibits retaliation against whistleblowers only if they reported suspected wrongdoing directly to the SEC.
White Collar Group Of The Year: Covington & Burling
February 2, 2018, Law360
Covington was named a 2017 White Collar Practice Group of the Year by Law360. Commenting on the firm's representation of Takata Corp. in its highly sensitive $1 billion deal with the U.S. Department of Justice over air bag inflators, Steven Fagell says, "It was a very sensitive and very complicated matter, and there were other regulators that had taken an ...
January 25, 2018, Covington Advisory
Our message this year is simple: FCPA enforcement is here to stay. Despite pre-election statements to the contrary, various senior officials in the U.S. Department of Justice (“DOJ”) and U.S. Securities and Exchange Commission (“SEC”) have, over the past year, consistently reaffirmed DOJ’s and the SEC’s commitment to FCPA enforcement.
The Regulator Whisperers: Covington & Burling, Finalist for White Collar/Regulatory Litigation Department of the Year
January 2018, The American Lawyer
The American Lawyer named Covington a finalist for White Collar/Regulatory Litigation Department of the Year and highlights Eric Holder, Steven Fagell, Lanny Breuer, Nancy Kestenbaum, and Mythili Raman in its profile.
December 13, 2017, Covington Alert
During his keynote speech at the 34th International Conference on the Foreign Corrupt Practices Act (“FCPA”), U.S. Deputy Attorney General Rod J. Rosenstein announced a new FCPA Corporate Enforcement Policy (the “Policy”), which is now incorporated in the United States Attorneys’ Manual (“USAM”).
December 13, 2017, Covington Alert
During his keynote speech at the 34th International Conference on the Foreign Corrupt Practices Act (“FCPA”), U.S. Deputy Attorney General Rod J. Rosenstein announced a new FCPA Corporate Enforcement Policy (the “Policy”), which is now incorporated in the United States Attorneys’ Manual (“USAM”). According to Deputy Attorney General Rosenstein, the goal of the ...
June 7, 2017, Covington Alert
On Monday, in Kokesh v. SEC, the Supreme Court handed a major loss to the Securities and Exchange Commission, unanimously holding that SEC claims for disgorgement of ill-gotten gains are subject to a five-year statute of limitations. The Kokesh decision also calls into question the proper measure of disgorgement (e.g., gross versus net profits) and even whether ...
June 7, 2017, Covington Alert
On Monday, in Kokesh v. SEC,1 the Supreme Court handed a major loss to the Securities and Exchange Commission, unanimously holding that SEC claims for disgorgement of ill-gotten gains are subject to a five-year statute of limitations. For decades, the SEC had taken the position that its disgorgement claims could reach back indefinitely, and recently obtained a ...
Winter 2017, Covington Alert
Anti-corruption enforcement is at a crossroads. In many respects, global anti-corruption enforcement has never been more active. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) in 2016 collected a total of $2.41 billion through FCPA enforcement actions against 27 corporate defendants, including through their share ...
January 27, 2017, Law360
Law360 selected Covington’s International Trade practice as a “Practice Group of the Year,” profiling the team’s involvement in billions of dollars worth of transactions, Foreign Corrupt Practices Act investigations, and sensitive national security trade reviews. “Our practice in general is distinguished by the sheer number of former senior enforcement officials ...
January 13, 2017, Covington Alert
Over the past few months, the agencies responsible for criminal and civil enforcement of U.S. export control and economic sanctions laws have implemented a number of important changes in their enforcement practices. In October 2016, the U.S. Department of Justice (“DOJ”), National Security Division (“NSD”) published guidance on voluntary self-disclosures of ...
September 30, 2016, Covington Alert
The U.S. Securities and Exchange Commission (SEC) continues to aggressively pursue companies using severance and other employment agreements that could be perceived to discourage employees from reporting possible securities law violations. Three enforcement actions this past summer demonstrate the need for companies to proactively review and give consideration ...
Covington secures DOJ declination for AB InBev
August 30, 2016, Global Investigations Review
Global Investigations Review highlights Covington’s role in helping AB InBev secure a declination notice from the U.S. Department of Justice in an FCPA investigation regarding the company’s business partners in India. The Covington team was led by Steven Fagell, who worked with Lanny Breuer, Jason Criss, and Benjamin Haley on the matter.
August 22, 2016
WASHINGTON—Global Investigations Review has named Covington’s FCPA practice among Washington’s “elite,” the highest tier in its “Washington DC’s FCPA Bar” survey. In its profile, GIR notes Covington’s “deep bench of high-level former prosecutors,” including former U.S. Attorney General Eric Holder; the last two former heads of the Criminal Division at the ...
May 12, 2016
WASHINGTON, DC — Covington advised China Molybdenum Co., Ltd (“CMOC”) on certain aspects of its agreement to acquire Freeport-McMoRan Inc.’s indirect 56% Interest in Tenke Fungurume for $2.65 billion in cash plus contingent consideration of up to $120 million. CMOC is primarily engaged in the mining, processing and marketing of mineral products. The acquisition ...
April 21, 2016, Covington Alert
On April 5, 2016, the United States Department of Justice (“DOJ”), through the Criminal Division’s Fraud Section, announced a one-year Foreign Corrupt Practices Act (“FCPA”) enforcement pilot program (the “Pilot Program”) intended to motivate companies to voluntarily disclose FCPA-related misconduct and increase transparency around the Fraud Section’s approach ...
April 6, 2016, Global Investigations Review
Steven Fagell is quoted in this GIR article regarding a recent Court of Appeals decision that a lower court overstepped its authority by rejecting a DOJ settlement with Dutch aerospace company Fokker. According to Fagell, “The ruling will likely clip the wings of any US district judge looking to second-guess the Justice Department's charging decisions in ...
Bribery and Corruption Risks in the Global Market
March 16, 2016, Global Business Conference – Guidance for US Businesses Working Globally
Upping the ante - a fireside chat with the DoJ’s new compliance consultant and tips for success post-Yates Memo
February 9, 2016, Panelist, Global Investigations Review GIR LIVE DC
September 11, 2015, Covington Alert
“Agency” Under the FCPA: Assessing and Mitigating Newfound FCPA Liability Risks Posed by Subsidiaries, Affiliates and Joint Ventures
May 19, 2015, 17th Annual New York Conference on the Foreign Corrupt Practices Act
The impact of Fokker on US DPAs
February 12, 2015, Global Arbitration Review
Covington's Steve Fagell is quoted regarding the impact of a judge’s decision to reject the US DoJ’s deferred prosecution agreement with Dutch aerospace company Fokker. "Judge Leon and Judge Gleeson’s diverging view on the role of the judiciary in the settlement process open up questions on “how any judge will exercise his or her discretion, and if they are ...
UK Issues Proposed Rule to Implement EU Extractive and Logging Industry Reporting Requirements
October 1, 2014, Covington E-Alert
Q3: 2014, Ethisphere Executive Briefing, Volume 1
2014, Practising Law Institute
United States v. Esquenazi - U.S. Court of Appeals Clarifies FCPA's 'Foreign Official' Standard
May 23, 2014, Covington Advisory
DOJ's Quiet Concession
May 12, 2014, The National Law Journal
Covington's Steve Fagell is quoted regarding federal law that states it is a crime to "knowingly and willfully" give false statements in any matter under federal jurisdiction. The Justice Department has announced that to make the case that a defendant acted willfully, the government must prove that he or she knew the statement was unlawful. "Steven Fagell of ...
DOJ and SEC Alumni Roundtable Discussion
Panel Moderator, 4/28/2014, ACI’s FCPA & Anti-Corruption for the Life Sciences Industry Conference
A Dip in Pace of DPAs, NPAs—for Now
August 6, 2013, Compliance Week
Steven Fagell was quoted in this article.
July 29, 2013, Covington Advisory
Deferred and Non-Prosecution Agreements
May 3, 2013, Neither Admit Nor Deny: Corporate Crime in the Age of Deferred Prosecutions, Consent Decrees, Whistleblowers & Monitors
April 26, 2013, Covington E-Alert
Inside New FCPA Guidance: What it Does and Doesn't Do
November 27, 2012, Compliance Week
Steven Fagell was interviewed for this article.
After Long Wait, Do FCPA Rules Change Very Much?
November 19, 2012, National Law Journal
Steven Fagell was quoted in this article which discussed the release of the DOJ and SEC Resource Guide to the FCPA.
July 12, 2012, Covington Advisory
Update on the US Department of Justice (DoJ) Enforcement Priorities and the Implications for Business in China
April 25, 2012, Anti-Corruption China Summit
Regulatory Investigations: What Boards Need to Know
Q4 2012, Corporate Board Member
Steven Fagell was interviewed for this article.
The Experts Weigh In: E-discovery Strategies for International Anti-bribery Investigations
2012, Main Justice/FTI
Steven Fagell was quoted in this white paper.
October 14, 2011, Covington Advisory
SFO Director Outlines Bribery Act Enforcement Agenda At Covington Anti-Corruption Summit
October 10, 2011
WASHINGTON, DC, October 10, 2011 — The head of the UK’s Serious Fraud Office, the agency responsible for enforcing the UK Bribery Act, warned corporations last week that the SFO is actively pursuing cases in which foreign corporations have undercut UK companies through corrupt actions in other countries. “What we are actively looking for is a case where a ...
Global Anti-Corruption Enforcement Update
September 20, 2011, West LegalEdcenter Webinar
The New SEC Whistleblower Rules: What Will They Mean in Practice?
June 23, 2011, Covington & Burling Webinar
The SEC Whistleblower Rules: A New Era in Fraud Investigation
June 6, 2011, West LegalEd Center
June 2, 2011, Covington Advisory
May 20, 2011, Covington Advisory
After the UK Bribery Act: The Future of US/UK Anti-Corruption Enforcement
March 28, 2011, Main Justice Webinar
Dodd-Frank's Whistleblower Provisions: Implications for Corporate Compliance and Ethics Programs
February 17, 2011, West LegalEd Center and Ethisphere
January/February 2011, The Corporate Governance Advisor
The New SEC Whistleblower Provisions: Is the Sky Really Falling?
January 2011, 4th Annual Anti-Corruption Asia Congress
January 24, 2011, Covington E-Alert
Hot Topics in FCPA & Securities Fraud Enforcement
January 10, 2011, Main Justice
Steven Fagell participated in an interview for this piece.
January 2011, Covington E-Alert
November 5, 2010, Covington E-Alert
FCPA and Financial Fraud Enforcement: Lessons from the DOJ Trenches
November 4, 2010, MAPI Manufacturer's Alliance Ethics and Compliance Council
Ramped up Corporate Crime Enforcement
October 27, 2010, Corporate Crime Reporter
Steven Fagell participated in this interview.
October 20, 2010, Covington E-Alert
Whistleblowing Protections Under Dodd-Frank Act
October 8, 2010, Compliance Week News Podcast
Steven Fagell participated in this interview.
Whistleblower Provisions in Dodd-Frank
September 23, 2010, Am Law Litigation Daily
Steven Fagell participated in a Q&A.
September 1, 2010
WASHINGTON, DC, September 1, 2010 — Covington & Burling LLP is pleased to announce that Steven Fagell, most recently the Deputy Chief of Staff and Counselor to the Assistant Attorney General of the Criminal Division at the U.S. Department of Justice, has rejoined the firm as a partner. Mr. Fagell will practice in the firm’s litigation group, with a particular ...
Covington Promotes 12 Lawyers to the Partnership
10/1/2008
WASHINGTON, DC, October 1, 2008 — Covington & Burling LLP today announced that 12 of its lawyers have been elected to the firm’s partnership. These new partners are resident in four of the firm’s offices and practice in the litigation, corporate/tax, and regulatory fields. Timothy Hester, chair of the firm’s management committee, commented: “These young and ...
- GIR/Who's Who Legal, "Named the top investigations lawyer in the United States under 45" (2018)
- Finalist for White Collar/Regulatory Litigation Department of the Year by The American Lawyer (2017)
- Law360, White Collar Practice Group of the Year (2017-2018)
- Chambers USA, Litigation: White Collar Crime & Government Investigations (DC) and FCPA (Nationwide) (2015-2020)
- Chambers Global, Corporate Investigations (2016-2019)
- Chambers Latin America: Corporate Crime and Investigation (2017-2019)
- Euromoney, Benchmark: Expert Guide to America’s Leading Litigation Firms and Attorneys - Securities, White Collar Crime Star, DC (2012-2018)
- Legal 500, Dispute Resolution - International Trade (2017) and White-Collar Criminal Defense (2011, 2014-2016)
- Washington DC Super Lawyers, Criminal Defense: "Rising Star" (2013); White Collar (2015-2020)