Michael S. Diamant is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. His practice focuses on white collar criminal defense, internal investigations, and corporate compliance.
Mr. Diamant has broad white collar defense experience representing corporations and corporate executives facing criminal and regulatory charges. He has represented clients in an array of matters, including False Claims Act violations, accounting fraud, and antitrust violations, before the Department of Justice and the Securities and Exchange Commission. Mr. Diamant also has managed numerous internal investigations for publicly traded corporations and conducted fieldwork in fourteen different countries on four continents. In 2014, Global Investigations Review named Mr. Diamant one of the “world’s leading investigations lawyers under the age of 40.” In the area of corporate compliance, Mr. Diamant regularly advises major corporations on the structure and effectiveness of their compliance programs. This often includes reviewing reporting mechanisms, internal payment controls, and compliance messaging, as well as drafting new compliance materials, such as ethics and anti-corruption handbooks. Mr. Diamant served as a faculty member for the Ethics and Compliance Officer Association’s 2014 Global Law School.
Among Mr. Diamant’s substantive areas of expertise is the U.S. Foreign Corrupt Practices Act (“FCPA”). Mr. Diamant conducts internal investigations for corporations regarding possible violations of the FCPA and assists them in complying with government subpoenas and negotiating settlements with enforcement agencies. He also routinely advises corporations on the adequacy of the design and implementation of their FCPA compliance programs. Mr. Diamant has designed entire anti-bribery compliance programs, as well as guidance and payment approval materials, for Fortune 100 corporations. He also frequently conducts FCPA training for in-house counsel, corporate executives, and line employees. In addition to his work for clients, Mr. Diamant has held leadership roles in the FCPA compliance monitorships of Siemens AG and Statoil ASA.
Mr. Diamant also has extensive World Bank Group enforcement experience, working on behalf of clients under investigation by the World Bank Integrity Vice Presidency and assisting companies already subject to World Bank sanction. Recent engagements have included negotiating resolutions with the World Bank and aiding clients in myriad post-settlement interactions with the Bank. In addition to the World Bank Group matters, Mr. Diamant has worked on behalf of clients to deal with the enforcement functions of other multilateral development banks.
Mr. Diamant writes and speaks on issues of anti-corruption compliance and enforcement, and related topics. In 2014, Mr. Diamant authored, with his colleagues F. Joseph Warin and Elizabeth Goergen Silver, Bloomberg BNA’s Securities Practice Series Portfolio No. 285, The U.S. Foreign Corrupt Practices Act: Enforcement and Compliance. Other notable academic and professional publications include the following:
- “2014 Year-End Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements,” Securities Regulation & Law Report, 47 SRLR 332 (February, 16 2015 (with F. Joseph Warin and Melissa Farrar);
- “Learning the Hard Way: Ethics and Compliance Program Lessons Gleaned From Recent U.S. Resolution Agreements,” Corporate Law & Accountability Report, 12 CARE 32 (August 8, 2014) (with Peter E. Jaffe);
- “How To Use Company Data Efficiently To Detect Fraud And Corruption,” Financier Worldwide (August 2013) (with F. Joseph Warin and Oleh Vretsona);
- “Decoding FCPA Enforcement: The U.S. Government Issues Comprehensive Guidance on the Foreign Corrupt Practices Act,” Insights: The Corporate and Securities Law Advisor (Vol. 26; December 2012) (with F. Joseph Warin and Christopher Sullivan);
- “Don’t You Forget About Me: The Continuing Viability of the FCPA’s Facilitating Payments Exception,” 73 Ohio St. L.J. Furthermore 19 (2012) (with Jesenka Mrdjenovic);
- “FCPA + Travel Act: Double trouble?” CNBC Moneycontrol (April 3, 2012) (with Brendon Fleming);
- “Hot off the Press: Resetting the Global Anti-Corruption Thermostat to the U.K. Bribery Act,” 12 Bus. L. Int’l 257 (2011) (with Lee G. Dunst and Teresa R. Kung);
- “Somebody’s Watching Me: FCPA Monitorships and How They Can Work Better,” 13 U. Pa. J. Bus. L. 321 (2011) (with F. Joseph Warin and Veronica S. Root);
- “The British Are Coming!: Britain Changes Its Law on Foreign Bribery and Joins the International Fight Against Corruption,” 46 Tex. Int’l. L.J. 1 (2010) (with F. Joseph Warin and Lord Charles Falconer);
- “FCPA Compliance in China and the Gifts and Hospitality Challenge,” 5 Va. L. & Bus. Rev. 33 (2010) (with F. Joseph Warin and Jill M. Pfenning); and
- “Use of ‘Conscious Avoidance’ Doctrine in Frederic Bourke Conviction Expands Corporate Executives’ FCPA Exposure,” Securities Docket (July 22, 2009) (with F. Joseph Warin and Matthew P. Hampton).
Mr. Diamant’s recent speaking engagements in these areas include the following:
- “Learning the Hard Way: Lessons from Recent Deferred Prosecution Agreements, Non-Prosecution Agreements, and Consent Agreements” (Dallas, Texas; March 2015), Ethics and Compliance Officer Association’s 23rd Annual Ethics & Compliance Conference;
- “Developments in FCPA and International Anti-Corruption Enforcement” (Washington, D.C.; March 2015), 2015 Multilateral Development Bank Private Sector Integrity Meeting hosted by the International Finance Corporation;
- Participated in FCPA panel discussion at Georgetown University Law Center (Washington, D.C.; January 2015);
- Moderated symposium session at the Latin Lawyer 2nd Annual Anti-Corruption & Investigations Conference (São Paulo, Brazil; October 2014);
- “FCPA in China for 2014: Compliance Strategies Given China’s Unique Cultural and Governmental Intricacies” (July 2014), Strafford Publications Webinar;
- “FCPA Enforcement Trends & Developments” (Oslo, Norway; June 2014), Anti-Corruption Conference hosted by Advokatfirmaet Selmer DA;
- “Learning the Hard Way: Ethics and Compliance Program Lessons Gleaned from Recent U.S. Resolution Agreements,” paper presented at Transforming Compliance: An Emerging Paradigm for Boards, Management, Compliance Officers and Government (Arlington, Virginia; May 2014), RAND Corporation symposium;
- “World Bank Sanctions and Enforcement: Why You Need to Be Prepared” (May 2014), Gibson Dunn Webcast;
- “Developing and Maintaining a Global ABAC Program” (Washington, D.C.; April 2014), American Leaders’ Anti-Corruption Compliance in Practice conference;
- “Advanced Compliance Strategies for Updating Your Global Corporate Compliance Program To Keep Pace With New And Emerging Corruption And Bribery Legislation In Asia, Africa and South America” (Washington, D.C.; March 2014), Momentum’s 2nd Annual Global Anti-Corruption Congress;
- Georgetown Law’s National Security Law Society Series on National Security Law in Private Practice, Part Three, the U.S. Foreign Corrupt Practices Act (Washington, D.C.; March 2014);
- “Regulatory Expectations – Understanding What the MDBs, UK SFO, US SEC, and US DOJ Expect from Your Anti-Corruption Compliance Program” (Dubai, United Arab Emirates; February 2014), American Conference Institute’s 5th Middle East Summit on Anti-Corruption;
- “FCPA Due Diligence in Mergers & Acquisitions” (December 2013), Strafford Publications Webinar;
- “FCPA Declinations: What You Need to Know When Things Go Wrong” (November 2013), PricewaterhouseCoopers Webcast;
- “Effective Compliance Risk Assessment: Getting the Most from Your Program” (New York City; October 2013), Practising Law Institute’s Advanced Compliance and Ethics Workshop 2013;
- “Anti-Corruption Investigations – Putting Theory into Practice” (McLean, Virginia; October 2013), interactive workshop sponsored by the Washington Metropolitan Area Corporate Counsel Association (WMACCA);
- “Anti-Corruption Enforcement in China” (July 2013), Business Development Academy Webinar;
- “Proactively Educating and Interacting With Your Board of Directors on Anti-Corruption and Anti-Bribery Risks, Mitigation, and Remediation” (Chicago, Illinois; June 2013), American Conference Institute’s Chicago FCPA Boot Camp;
- “Trends in Suspension and Debarment” (April 2013), Gibson Dunn Webcast;
- “Anti-Corruption Enforcement in China on the Rise: Minimizing Risk of FCPA and Chinese Law Violations and Responding to Investigations” (March 2013),
- “FCPA Due Diligence in Mergers and Acquisitions: Assessing and Mitigating Pre-Closing Risks and Implementing Post-Closing Protection Strategies” (October 2012), Strafford Publications Webinar;
- “Recent Developments in FCPA and International Anti-Corruption Enforcement and Compliance” (February 2012),
- “Anti-Corruption Enforcement and Compliance Update” (Washington, D.C.; September 2011), Securities Docket Webcast,
- “The Cost of Corruption and the Foreign Corrupt Practices Act in Brazil, Russia, & China” (Baltimore, Maryland; May 2011), BRIC Business Outlook Conference, sponsored by the U.S. Department of Commerce;
- “Global Anti-Corruption Enforcement and Compliance – 2010 Year in Review” (January 2011), Securities Docket Webcast;
- “Understanding the FCPA: Producing a Valuable Compliance Standard” (New York City; November 2010), Complinet’s 4th Annual New York Customer Summit;
- “FCPA Compliance: Third Party Due Diligence – Minimizing Corruption Risks When Using Foreign Agents, Distributors and Other Intermediaries” (August 2010), Strafford Publications Webcast;
- “Recent Developments – International Anti-Corruption Compliance” (July 2010), presentation to the Global Business Interest Group of the Ethics & Compliance Officer Association;
- “FCPA & Bribery: Avoiding Pitfalls in China” (Baltimore, Maryland; June 2010), presenter at ExporTech China conference, sponsored by the U.S. Department of Commerce;
- “An Overview of the Foreign Corrupt Practices Act” (Washington, D.C.; April 2010), guest lecture at the George Washington University School of Business;
- “Corruption Crackdown: The FCPA and Recent Enforcement Trends” (Oslo, Norway; November 2009), hosted by PricewaterhouseCoopers; and
- “Doing Business Internationally: Minimizing FCPA Risk Exposure” (McLean, Virginia; May 2008).
Mr. Diamant clerked for the Honorable Fortunato P. Benavides of the U.S. Court of Appeals for the Fifth Circuit. He is a 2003 magna cum laude graduate of the Georgetown University Law Center, where he was inducted into the Order of the Coif. At Georgetown, he served as Senior Articles & Notes Editor of the American Criminal Law Review and authored the article on the False Claims Act for the Seventeenth Survey of White Collar Crime, 39 Am. Crim. L. Rev. 491 (2002). In 2000, Mr. Diamant received his Bachelor of Science in Foreign Service magna cum laude from Georgetown’s Walsh School of Foreign Service, where he was elected to Phi Beta Kappa.