Winston Y. Chan is Of Counsel in Gibson, Dunn & Crutcher’s San Francisco office. He is an experienced trial and appellate attorney, and is a member of the firm’s White Collar Defense and Investigations, Securities Enforcement, FDA and Health Care, Life Sciences, FCPA, and Antitrust Practice Groups. In 2014, Mr. Chan was named in Law360 as one of just five nationwide “Rising Stars” in White Collar under the age of 40 “whose legal accomplishments belie their age.”
From 2003 to 2011, Mr. Chan served as an Assistant United States Attorney in the Eastern District of New York, where he investigated and prosecuted a wide range of matters as part of that office’s Business and Securities Fraud Section, including False Claims Act violations, health care fraud, Foreign Corrupt Practices Act violations, hedge fund improprieties, insider trading, accounting fraud, market manipulation, and fraudulent offerings of securities. He received the U.S. Attorney’s Excellence in Criminal Litigation Award, as well as commendations from the SEC and FBI, for his successful jury trial conviction of an investment banking executive charged with federal securities fraud in connection with a kickback scheme. That case was part of a widespread investigation into the securities lending industry that resulted in over 30 convictions of individuals from more than a dozen investment banks and broker dealers.
Mr. Chan additionally prosecuted cases in the Organized Crime and Racketeering Section, where he handled matters involving Italian, Eastern European and Asian criminal enterprises. The Attorney General awarded Mr. Chan the Department of Justice’s Distinguished Service Award for his “exemplary and historic work” in obtaining the jury trial conviction of the acting boss of the Bonanno organized crime family for racketeering, murder, narcotics trafficking and loansharking charges. Mr. Chan also led investigations that dismantled entire criminal organizations, including the two largest Eastern European crime groups then operating within the United States.
As a senior prosecutor, Mr. Chan served in a number of supervisory roles at the U.S. Attorney’s Office, including as Health Care Fraud Coordinator. In that capacity, he oversaw all qui tam and whistleblower investigations involving allegations of False Claims Act violations, kickbacks, misbranding and off-label promotion by pharmaceutical, biotechnology and medical diagnostic companies, among others. Mr. Chan also served as Deputy Chief of the General Crimes section, where he supervised and trained all first-year AUSAs in their investigation, prosecution and trial of federal offenses ranging from fraud to violent crime. By the conclusion of his tenure with the U.S. Attorney’s Office, Mr. Chan had trained approximately half of the 83 line prosecutors in the Eastern District of New York.
As an Assistant U.S. Attorney, Mr. Chan tried eight jury trials and briefed and argued nine federal appeals – all to successful verdicts and rulings. While a federal prosecutor, Mr. Chan additionally taught a clinical course at Columbia Law School on the principles of federal prosecution and a first-year lawyering course at Fordham University School of Law.
Mr. Chan earned his undergraduate degree, magna cum laude, from Yale University, and his Juris Doctor from Yale Law School, where he was on the Yale Law Journal and president of the Pacific Islander, Asian and Native American Law Students’ Association. Following law school, Mr. Chan served as a law clerk for the Honorable Leonard B. Sand of the United States District Court for the Southern District of New York, and then for the Honorable Chester J. Straub of the United States Court of Appeals for the Second Circuit.
He speaks conversational Mandarin Chinese and Taiwanese.
Recent significant engagements involving government enforcement defense include:
- Defending a Fortune 500 health care services provider (acute care) in connection with a nationwide False Claims Act investigation by the DOJ and HHS-OIG relating to alleged fraud and quality of care issues.
- Defending a Fortune 500 pharmaceutical and medical device company in connection with a DOJ and HHS-OIG investigation into alleged off-label promotion, kickback and product safety violations throughout the United States.
- Defending a leading health care services provider (post-acute care) in connection with civil and criminal False Claims Act investigations by the U.S. Attorney’s Office, HHS-OIG and DOJ.
- Representing a nutritional supplement company in connection with an investigation by the California Food, Drug & Medical Device Task Force into alleged false advertising and unfair competition.
- Defending a nutritional supplement company and its Founder/CEO in connection with an FDA misbranding investigation by the U.S. Attorney’s Office.
- Defending a hospital executive in connection with a criminal prosecution by the California Attorney General’s Office for alleged violations of elder abuse reporting statutes.
- Represented a medical billing company in connection with state and federal fraud investigations, which were successfully closed without further action.
- Represented a Fortune 500 technology company in connection with an FCPA investigation by the SEC, relating to alleged marketing practices in East and South Asia, and successfully obtained a no-action letter.
- Represented a former executive in connection with an FCPA investigation by the SEC and DOJ, relating to the alleged Middle East sales practices of a Fortune 500 technology company.
- Representing a Fortune 500 financial services firm in connection with criminal federal investigations into the mortgage-backed securities market.
- Representing numerous hedge funds in connection with criminal and civil insider trading investigations by various U.S. Attorney’s Offices and SEC Regional Offices.
- Defending an international transportation public company in connection with multiple state and federal government investigations relating to alleged Clean Water Act and Refuse Act violations.
- Represented the Board of Directors of a multi-national oil and gas public company in connection with a DOJ environmental criminal investigation.
- Defended the CEO and Chairman of a U.S.-listed Chinese “reverse merger” company in connection with an SEC inquiry and audit committee investigation.
- Representing numerous technology companies in connection with cyber-security investigations by various U.S. Attorney’s Offices and FBI Field Offices.
- Represented a Fortune 500 technology company in connection with an export control investigation by the U.S. Attorney’s Office and U.S. Department of Commerce.
Recent significant engagements involving corporate internal investigations include:
- Conducting various internal investigations on behalf of Fortune 500 life sciences companies in connection with alleged regulatory and compliance code violations.
- Conducting an internal investigation in China on behalf of a Fortune 500 technology company into alleged FCPA violations relating to third-party procurement practices.
- Conducted an internal investigation on behalf of a Fortune 500 technology company into alleged FCPA violations relating to government tenders in Eastern Europe.
- Conducted an internal investigation on behalf of a Fortune 500 technology company into FCPA risks relating to customs payments by distributors in Russia.
- Conducted an internal investigation on behalf of a Fortune 500 technology company into FCPA risks arising from its supply chain practices in China.
- Conducted an internal investigation in China on behalf of a Fortune 500 technology company into FCPA risks relating to gifts, hospitality and travel practices.
- Conducted an internal investigation on behalf of a technology e-retail company into FCPA risks presented by a proposed joint-venture transaction in China.
- Conducted an internal investigation in various countries around the world on behalf of a Fortune 500 consumer products company, relating to an alleged global cartel under investigation by U.S. and foreign antitrust authorities.
- Conducted an internal investigation on behalf of a Fortune 500 technology company into alleged trade secrets thefts.
- Conducted an internal investigation on behalf of a leading financial services consulting firm into allegations involving public contracting fraud.
- Served as counsel to the America’s Cup Review Committee in its investigation into a lethal training accident in connection with the 34th America’s Cup yacht race in San Francisco Bay.
Recent significant engagements involving compliance counseling include:
- Conducted a compliance program effectiveness review on behalf of a Fortune 500 pharmaceutical and medical device company currently under an HHS-OIG Corporate Integrity Agreement.
- Advised a global professional services firm on potential False Claims Act risks in connection with a proposed health care business venture in the United States.
- Advising numerous technology, life sciences and other public companies on their anti-corruption policies, controls and compliance systems.
- Served as FCPA compliance counsel to a biotechnology firm conducting clinical trials in Asia.
- Advised Cadence Design Systems on due diligence matters in connection with its $380 million acquisition of Tensilica, Inc.
- Advised Cadence Design Systems on due diligence matters in connection with its acquisition of India-based Cosmic Circuits Private Limited.
- Advised Intel Corporation on due diligence matters in connection with its $4.1 billion equity investment in ASML Holding NV.
- Advised Pace plc on due diligence matters in connection with its bid to acquire Motorola Home from Google.
- Served on the global monitorship team supporting the Independent Compliance Monitor of Siemens AG in connection with its settlement of alleged FCPA violations across the world.
- Advised a Fortune 500 government contracting company on compliance remediation measures as a result of a federal investigation and prosecution of some of its employees for alleged public contracting fraud and kickbacks.
- Advised a Fortune 500 gaming company on its global anti-money laundering policies, controls and compliance systems.
Recent significant engagements involving civil litigation include:
- Defended, and obtained a favorable settlement for, an international transportation public company in connection with a False Claims Act qui tam lawsuit.
- Representing General Electric in connection with the first mass tort claim being litigated in Taiwan court.
- Represented, and successfully obtained judgment for, a leading mobile application designer in connection with its trademark and copyright actions against a China-based infringer.
- Defended, and obtained a favorable settlement for, China Mobile Communications Corporation in connection with intellectual property licensing lawsuits.
Bar Activities include:
- Criminal Justice Panel Act, Northern District of California.
- Bar Association of San Francisco, Criminal Justice Section, Executive Committee.
- Asian American Bar Association of the Greater Bay Area, Judiciary Committee.
- National Asian Pacific American Bar Association, Government Enforcement and Compliance Committee.
- American Bar Association, Section of Antitrust Law, Antitrust Law Developments, Contributor.
Speaking engagements include:
- “Anti-Corruption Compliance Challenges in High Risk Regions of the World – The Cost of Doing Business in Africa, Asia, Latin America and Russia/Eastern Europe,” SCCE Annual Compliance & Ethics Institute; Chicago, IL (Sep. 16, 2014).
- “Clash of Compliance: Global Anti-Corruption Considerations when Foreign Laws Are at Odds with the FCPA,” Ethisphere Webcast (Mar. 27, 2014).
- “Best Practices for Responding to Search Warrants,” ABA Annual National Institute on White Collar Crime; Miami, FL (Mar. 5, 2014).
- “Introduction to Medical Device Law & Regulation: Enforcement and Compliance,” Food and Drug Law Institute; Palo Alto, CA (Oct. 16, 2013).
- “Anti-Corruption Compliance and Local Law: What To Do When Local Law Prevents You From Complying with the FCPA,” ABA Section of International Law Fall Meeting; London, UK (Oct. 9, 2013).
- “If a Little Knowledge Can Be Dangerous, How About A Lot of Knowledge? The Ethics of Social Media in the Courtroom,” Santa Clara County Bar Association; Palo Alto, CA (June 17, 2013).
- “U.S. Criminal Investigations and Prosecutions: An Overview for Pharmaceutical, Bio-Technology, Medical Device and Life Science Businesses and Investment Funds in Asia,” Taiwan Bio Industry Organization; Taipei, Taiwan (Jan. 11, 2013).
- “Oral Advocacy – Speak Up!” National Asian Pacific American Bar Association; Washington, DC (Nov. 17, 2012).
- “Federal and State Whistleblower Laws: What You Need to Know,” Bar Association of San Francisco; San Francisco, CA (Nov. 1, 2012).
- “Red Envelopes: What Does the U.S. Anti-Bribery Law (the FCPA) Mean for Doing Business in Taiwan and Asia?” American Chamber of Commerce, Corporate Compliance Lunch Series; Taipei, Taiwan (June 8, 2012).
- “Just How Far Can the DOJ and SEC Reach?” West LegalEdcenter Webcast (June 4, 2012).
- “Cyber Crime: The New Face of Economic Crime,” Sandpiper Partners Program; Redwood City, CA (May 30, 2012).
- “FCPA Risks for Hedge Funds and Private Equity,” Bay Area Funds Forum; San Francisco, CA (May 24, 2012).
- “The Anti-Bribery Law of the United States (the FCPA): What Does It Mean for Your Business in Taiwan?” Science & Technology Law Institute Seminar; Taipei, Taiwan (Mar. 13, 2012).
- “Chinese Reverse Merger Companies: Handling Government Investigations and Civil Litigation,” West LegalEdcenter Webcast (Nov. 3, 2011).