Andrey Spektor

Andrey Spektor
Biography
Andrey is a former New York federal prosecutor and a seasoned trial lawyer and appellate advocate. He is the Co-Head of the Litigation and Disputes Group in New York, leading over 70 New York-based litigators.
Andrey represents companies, boards of directors and individuals in criminal actions, government inquiries, civil enforcement proceedings and in litigation. He helps clients navigate investigations, including those initiated by the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and state attorneys general, and those stemming from workplace misconduct and whistleblower complaints, including under the False Claims Act. Andrey also works with clients to design, enhance, and implement risk-based compliance programs. Andrey's teams leverage cutting-edge inhouse AI tools in document-heavy investigations and litigations to improve efficiency and effectiveness.
In the past two years, Andrey secured, among other notable outcomes, an unprecedented resolution from the DOJ—a first-ever declination issued by the National Security Division. The groundbreaking result has been widely covered by national news outlets, including by the Wall Street Journal (WSJ), and has been used as key precedent for recent resolutions. He also secured rare full immunity for a target of a criminal investigation facing prison; a time-served sentence in a criminal matter the DOJ dubbed "the largest fraud ever prosecuted" in a major district; and a sentence reduction for a defendant serving a term of life in prison. He has litigated against the SEC in federal court, and has successfully navigated the Wells process. Andrey has first-chaired dozens of federal appeals and trials.
Andrey served for almost seven years as an Assistant United States Attorney in the Eastern District of New York (EDNY), twice receiving the Prosecutor of the Year award. A native Russian speaker, Andrey led investigations that often spanned the globe and involved allegations of securities fraud, procurement fraud, health care fraud, money laundering, wire fraud, export control violations, racketeering, and Foreign Corrupt Practices Act (FCPA) violations. Andrey has prosecuted and defended companies and individuals in the nation's most significant FCPA and crypto-related cases.
Andrey's scholarship has been cited by numerous panels of the US Courts of Appeals. He is a sought-after legal commentator and author, having been regularly featured in print and on television by The New York Times, WSJ and Bloomberg TV. His opinion pieces have been published by CNN, Fortune Magazine, NBC News and Bloomberg.
Andrey served as a law clerk to the Honorable Morton I. Greenberg of the U.S. Court of Appeals for the Third Circuit, and U.S. District Judge Brian M. Cogan, in EDNY. He received his J.D. from the University of Michigan Law School, cum laude, and his B.S. from Cornell University.
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Professional experience
Ausgewählte Mandate
Ausgewählte Mandate
Private Practice
- Represent successful businessman in a federal fraud case dubbed by the DOJ to be the "biggest fraud ever," securing time-served sentence.
- Represent CFO in active SEC investigation involving wide-ranging allegations, drafting Wells submission and leading Wells meeting.
- Represent global company in DOJ investigation related to cyber fraud, sanctions violations, and corporate immigration compliance.
- Represent company in government waste-and-abuse investigation, involving the False Claims Act and procurement fraud.
- Represent CEO in a DOJ civil and criminal health care fraud investigation.
- Represent major bank in a Ponzi scheme investigation conducted by the DOJ.
- Represent life sciences company in an investigation conducted by the DEA.
- Represent leading publishing company in a DOJ investigation involving fraud committed by an executive.
- Represented biopharmaceutical giant in a long-running internal and government-facing investigation stemming from a multi-year, multimillion dollar export control theme perpetrated by an employee, persuading the DOJ to issue a first-ever declination, with no fines or penalties.
- Conducted an internal investigation for a startup company into potential fraud committed by a sales executive.
- Conducted an internal investigation for a global company into allegations of workplace misconduct and violations of employment law.
- Represent CFO accused of committing federal forced labor violations, obtaining rare full immunity for him.
- Represent executive of a foreign company in one of the largest ongoing FCPA matters.
- Represented former CEO in an FCPA matter.
- Represented investment advisor in federal action against the SEC, drafting dispositive motions and mediation statement, and resulting in a favorable settlement.
- Represent biotechnology company in products liability actions.
- Conducted internal investigation for major cannabis company.
- Advised crypto platform on criminal and regulatory risks.
- Represented publishing company in federal investigation as a victim of fraud.
- Advised clients in cross-border deals on U.S. compliance-related issues.
- Represented defense contractor under False Claims Act investigation.
- Represented a publishing company in a False Claims Act litigation.
- Represented individual in asset forfeiture proceeding.
- Developed civil claims for a fintech company.
- Represented high networth individual to protect his privacy in a federal criminal action.
- Represented subject in a federal tax fraud prosecution.
- Represented individual in DOJ prosecution that followed an SEC investigation.
- Represent insurance company in civil litigation related to fraud.
- Represented victim and witness before the SEC Office of the Whistleblower.
- Conducted trainings for companies and private equity firm related to FCPA compliance, internal investigations, and ethical issues that arise in government-facing inquiries.
- Represented audit committee in investigation of accounting fraud.
- Represented special committee in investigation of fraud, self-dealing by executives.
- Represented financial institution in investigation by the NY Attorney General.
- Advised insurance company in a NY Attorney General’s inquiry regarding healthcare fraud.
- Represented trustee in a cross-border government tax investigation.
- Represented pharmaceutical company in a Lanham Act counterfeit litigation that ran parallel to DOJ investigation.
- Represented individual in a DOJ investigation into fraud related to NFTs and cryptocurrency.
- Represented victim investors and creditors in connection with real estate fraud and civil litigation.
- Represented investor in breach-of-contract and fraud dispute.
- Represented bank employee in government investigation.
- Conducted an internal investigation in response to a discrimination complaint.
- Drafted anti-corruption, anti-money laundering and social media compliance policies.
- Part of a team advising an elevator manufacturer concerning a False Claims Act action.
- Advised an investment management company concerning a Title VII discrimination lawsuit.
Government Service
- Led investigation and negotiated deferred prosecution agreement requiring a trading firm to pay US$163 million in a first-ever DOJ-CFTC joint resolution that resolved charges in Brazil, Mexico and Ecuador.
- Led investigation and resolution with DOJ Fraud, with assistance from foreign authorities, to obtain a US$16.6 million criminal fine for FCPA violations related to the purchase and sale of asphalt in Brazil, Venezuela and Ecuador, as well as convictions of six individuals, including high-level executives.
- Led a multi-DOJ-component team in obtaining an indictment against an oil trader for a five-year international bribery scheme to obtain a US$300 million contract.
- Led an investigation into a Swiss-based commodities trading company, resulting in a guilty plea of a former employee and millions of dollars in forfeiture.
- Led investigations into, among others, (a) bank alleged to have committed money laundering; (b) a national medical center alleged to have committed widespread healthcare fraud; (c) an executive of a credit card company alleged to have committed wire fraud; (d) individuals potentially engaging in wire fraud for investment opportunities overseas; and (e) Indian-based companies involved in computer fraud in the United States.
- Led a month-long racketeering trial, securing convictions on all 26 counts.
- Led a trial against an accountant for tax fraud, securing a conviction on all 19 counts.
- Led a trial against a criminal defense attorney accused of bribery, securing convictions on all counts.
- Led a trial against a criminal defense attorney accused of lying to a federal agency, securing convictions on all counts.
Argued 15 Second Circuit appeals and briefed many others, including:
- Briefed and argued an issue of first impression on statutory construction; obtained a favorable opinion from the divided panel that resolved a split between district court judges.
- Briefed and argued appeal novel constitutional issue.
- Briefed and argued appeal involving novel application of the Travel Act, obtaining precedent-setting opinion
- Briefed and argued appeals regarding the application of new Supreme Court precedent, obtaining a favorable opinion.
- Argued appeal from a trial involving stock manipulation, obtaining a favorable opinion.
- Briefed Second Circuit appeal regarding United States jurisdiction over a French citizen.
- Briefed Second Circuit appeal following a month-long trial involving a transnational organization
Auszeichnungen
Auszeichnungen
- The Best Lawyers in America, Criminal Defense: White-Collar, Best Lawyers, 2026
- Top 15 US Legal Crypto Practitioners, Citywealth, 2022
- Federal Prosecutor of the Year, Federal Law Enforcement Foundation, 2017-18
- True American Hero, Federal Drug Agents Foundation, 2017
Ausbildung
Ausbildung
JD, cum laude, University of Michigan, 2009
BS, Cornell University, 2006
Zulassungen
Zulassungen
- New York State Bar
Publikationen
Publikationen
- Co-author, "A Biden-Era Executive Order Gets Its Bite Today: How Corporate Enforcement May Now Focus on Data Sharing," Corporate Counsel, July 9, 2025.
- Co-author, "FCPA Shift Is A Good Start, But There's More DOJ Should Do," Law360, June 30, 2025.
- Author, "DOJ's Framework for Company Prosecutions Needs a UK Approach," Bloomberg Law, January 23, 2025.
- Co-author, "The Implication of SCOTUS's 'Snyder' Decision and Recent Precedent on Corruption Prosecutions," New York Law Journal, August 15, 2024.
- Author, “What Hunter Biden and Donald Trump have in common,” CNN, March 13, 2024.
- Co-author, “Staying one step ahead: an evolving regulatory landscape for UK, U.S. firms using AI to monitor employee communications,” Reuters, February 13, 2024.
- Co-author, “What To Watch In High Court's FCA Scienter Standard Case,” Law360, April 14, 2023.
- Co-author, “How Far Will the DOJ Go? Individual Accountability in Corporate Criminal Cases,” ALM Corporate Counsel (expert opinion), January 12, 2023.
- Author, “Elizabeth Holmes was just sentenced to way too much prison time,” NBC News, November 18, 2022.
- Co-author, “Adnan Syed from ‘Serial’ cleared a legal hurdle. But is justice served?,” NBC News, September 20, 2022
- Co-author, “Is Your Company a Victim of a Crime? Why You May Want to Hold on Calling the Cops,” ALM Corporate Counsel (expert opinion), September 14, 2022.
- Author, “Designing Corporate Structure To Mitigate FCPA Risk in Light of the Second Circuit’s Recent Opinion,” New York Law Journal, August 22, 2022.
- Author, “Ketanji Brown Jackson is confirmed. Our criminal justice system still awaits the verdict,” Fortune, April 7, 2022.
- Author, “The Ghislaine Maxwell case is bringing the 'Runaway Jury' to life,” NBC News, March 8, 2022.
- Author, “The Federal Bureau of Investigative Journalists,” Fortune, January 5, 2022.
- Author, "Feeling the Pinch: How Recent Appellate Decisions Are Adding to Financial Institutions’ Regulatory Burden," New York Law Journal, December 17, 2021.
- Author, “Will Prosecutors Be Singing the Varsity Blues?,” Bloomberg Law, November 8, 2021.
- Co-author, "Protecting the Record at Sentencing,” DOJ Journal of Federal Law and Practice, September 2021.
- Co-author, "Private Equity Firms Continue to Face Increased Risk of FCA Liability in a Post-Covid World," Wall Street Lawyer, Volume 25, Issue 9, September 2021.
- Co-author, "Keeping the Fox out of the Henhouse: How Recent Court Decisions and a Mid-Trial Debacle Can Help Shield Privileged Material from the Government," New York Law Journal, September 2021.
- Author, “How Anti-Corruption Push Affects U.S. Companies Operating Abroad,” Law360, July 27, 2021.
- Author, “The Death Knell of Issue Certification and Why That Matters After Walmart v. Dukes,” 26 St. Thomas L. rev. 165, 172 (2014).
- Co-author, “Ferretts and Truffles and Hounds, Oh My. Getting Beyond Waiver,” 18 Green Bag 2d 77 (2014).
- Co-author, “Legal Writing as Good Writing: Tips from the Trenches,” 14 J. App. Prac. & Proc. 303 (2013).
- Co-author, “A Primer on Preserving Objections and Arguments for Appeal in Federal Court,” N.Y.L.J. (2012)
Referententätigkeit
Referententätigkeit
- Panelist, "Keeping the Fox Out of the Henhouse: How Recent Court Decisions and a Mid-Trial Debacle Can Help Shield Privileged Material From the Government," Thomson Reuters West LegalEdcenter, November 1, 2021.
- Guest Lecturer, Legal Writing, Northwestern School of Law, 2021.
Sprachen
Sprachen
- Russian