Daniel P. Chung is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is an experienced trial and appellate attorney, and his practice focuses on white-collar criminal defense, internal investigations and compliance counseling, regulatory enforcement, and commercial litigation matters.
From 2008 to 2012, Mr. Chung served as an Assistant United States Attorney in the Southern District of New York. He investigated and prosecuted a wide range of complex federal criminal cases, involving securities fraud, Ponzi schemes, bank fraud, mail fraud, wire fraud, health care fraud, insurance fraud, immigration fraud, money laundering, complex racketeering, murder, terrorism, and international drug cartels. In particular, as a member of the Organized Crime Unit, Mr. Chung led several large and complex racketeering investigations and prosecutions of the La Cosa Nostra Organized Crime Families, as well as Russian and Asian criminal organizations based in the United States and abroad. As an Assistant U.S. Attorney, Mr. Chung tried eight federal criminal jury trials to verdict, and briefed and argued numerous federal appeals before the Second Circuit. In 2012, he received the Federal Law Enforcement Foundation's "Prosecutor of the Year" award. In 2015, he was named by the Washington Business Journal as one of its "40 under 40" who have achieved professional excellence while maintaining a commitment to the community.
Representative engagements include:
- Defending a Fortune 500 health care services provider in connection with a nationwide False Claims Act investigation by the DOJ, HHS-OIG, and various state Attorneys General relating to alleged fraud and quality of care issues.
- Defended a Fortune 500 pharmaceutical company in connection with an FCPA investigation by the DOJ and SEC, resulting in a declination of criminal prosecution by the DOJ and a favorable settlement with the SEC.
- Defended an officer of an offshore drilling company in an SEC enforcement action alleging improper payments in Nigeria. Settled the case on the eve of trial with no admission of liability and no monetary penalties, in what legal commentators called a "defeat" for the SEC and "significant victories for the individuals."
- Defended a former executive of a U.S. software company in connection with a procurement fraud investigation by U.S. Attorney's Office for the Eastern District of Virginia and DHS-OIG, resulting in a declination of criminal prosecution.
- Obtained a complete voluntary dismissal of a federal class action lawsuit alleging false imprisonment, fraud, and various tort claims by former employees against a major contractor for linguist services to U.S. Army.
- Represented a major financial institution in global investigations of the foreign exchange market.
- Represented the Audit Committee of a national insurance company in connection with investigation of executive compensation and disclosure matters.
- Served on Independent Examiner teams for major financial institutions participating in the DOJ Program for Non-Prosecution Agreements or Non-Target Letters for Swiss Banks.
- Served as FCPA compliance counsel to a multi-national fuel and energy company.
- Served on global FCPA monitorship team supporting the Independent Compliance Monitor of multinational tobacco company.
- Represented major biotechnology company in settlement of termination of joint venture and licensing relationship.
- Member of trial team that successfully defended Hoffmann-La Roche Inc. in false advertising litigation brought by Procter & Gamble with respect to the advertising of osteoporosis medication.*
- Defended AstraZeneca in In re Tamoxifen Citrate Antitrust Litigation, in which plaintiffs asserted that the settlement of a patent infringement lawsuit involving a generic drug manufacturer violated federal and state antitrust laws.*
- Defended U.S. automotive parts company in connection with securities fraud investigation by U.S. Attorney's Office for the Southern District of New York and SEC.*
- Defended Morgan Stanley, Citigroup, Deutsche Bank, Credit Suisse, Royal Bank of Scotland and Wachovia in litigation in New York and Texas relating to the funding of the $20 billion private equity buyout of Clear Channel.*
Because of the nature of Mr. Chung's practice, many of his most successful matters have not resulted in public charges and remain confidential.
Speaking engagements include:
- Panelist, "Litigating FCPA Cases," Practising Law Institute, The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2015 (May 2015)
- Panelist, "FCPA Compliance in the Middle East: Strategies Given the Region's Unique Cultural and Governmental Intricacies," Strafford Publications (May 2015)
- Moderator and Panelist, The Chief Compliance Officers' Forum, Cambridge Forums (October 2014 and October 2015)
- Panelist, "Recent Trends in the U.S. Foreign Corrupt Practices Act: Litigation, Enforcement & Compliance," New York City Bar Association (March 2015)
- Panelist, "Defending Corporations and Individuals in Government Investigations," Thomson-Reuters Forum on White Collar Defense and Government Investigations (December 2014)
- Moderator and Panelist, "Damned if You Do and Don't: When Compliance with the FCPA Means Risking Violating Foreign Law " and "The Foreign Corrupt Practices Act and the Financial Services Industry," National Asian Pacific Bar Association Annual Convention (November 2014)
- Panelist, "Anatomy of a Government Investigation – How to Interact with the DOJ and SEC During a Government Investigation," American Conference Institute's 8th Houston FCPA Boot Camp (January 2014)
- Panelist, "Suspension and Debarment: What the Current Literature Doesn't Discuss," Northern Virginia Technology Council General Counsel Committee (November 2013)
Mr. Chung is a 2003 cum laude graduate of Harvard Law School. He graduated magna cum laude from Harvard College in 2000 with a Bachelor of Arts degree in History. Following law school, Mr. Chung served as a law clerk for the Honorable Norman H. Stahl on the U.S. Court of Appeals for the First Circuit, and then for the Honorable Michael B. Mukasey on the U.S. District Court for the Southern District of New York.
Mr. Chung is proficient in Korean and conversant in Japanese and German. He is admitted to practice in the state of New York, and before the U.S. District Courts for the Southern and Eastern Districts of New York and the United States Court of Appeals for the Second Circuit.
*Representation occurred prior to Mr. Chung's association with Gibson Dunn.