Ella Alves Capone is of counsel in the Washington, D.C. office of Gibson, Dunn & Crutcher. She is a member of the White Collar Defense and Investigations, Global Financial Regulatory, and Anti-Money Laundering practice groups.
Ms. Capone’s practice focuses on advising multinational corporations, fintechs, and financial institutions, including major banks, virtual currency businesses, casinos, online gaming businesses, and payment processors, on Bank Secrecy Act/anti-money laundering, sanctions, securities, and payments regulatory and enforcement matters. She regularly advises regulated and non-regulated clients on the implementation, enhancement, and assessment of compliance programs and internal controls. Ms. Capone also has significant experience representing clients in white collar and regulatory matters involving DOJ, SEC, FinCEN, OCC, OFAC, the Fed, and state regulators, including NYDFS. Ms. Capone has been recognized by Super Lawyers as a 2022 “Rising Star.”
A significant portion of Ms. Capone’s practice entails advising clients on regulatory compliance and enforcement matters involving cryptocurrency, non-fungible tokens (NFTs), and other digital assets. This work includes advising businesses on product and payment structures, licensing, and implementing and enhancing compliance programs.
Ms. Capone regularly works on international matters, with particular expertise in Latin America. She is fluent in Portuguese, and her representative matters include several anti-corruption and corporate compliance matters in Brazil, including the representation of Petróleo Brasileiro S.A. – Petrobras in connection with investigations by the SEC and DOJ. She is also a member of the Board of the Brazil-US 40 and Under White Collar Lawyers Initiative.
Ms. Capone’s representative matters include:
- Conducting an extensive anti-corruption internal investigation for Petróleo Brasileiro S.A. – Petrobras in connection with investigations by the SEC and DOJ.
- Representing a cryptocurrency exchange in connection with investigations by the SEC, FinCEN, and OFAC.
- Conducting an extensive anti-corruption, AML, and securities internal investigation for a major financial institution in a matter involving engagement with DOJ, the SEC, FINRA, and banking regulators.
- Representing a large financial institution in a sanctions and AML matter involving engagement with DOJ, OFAC, and banking regulators.
- Assisting several cryptocurrency exchanges and other blockchain companies with developing and implementing AML and sanctions compliance policies and procedures.
- Providing BSA/AML and sanctions compliance training to several banks and gaming businesses.
- Assessing securities, AML, and sanctions risks associated with cryptocurrency tokens and blockchain protocols for several clients.
- Providing product counseling to a social networking business in connection with BSA/AML, sanctions, and payments regulatory considerations.
- Representing a client in the gaming industry in conducting an internal investigation and engaging with DOJ and local gaming regulators.
- Conducting anti-corruption and AML compliance program assessments for a social networking business.
- Representing a multinational financial institution in conducting an anti-corruption and AML internal investigation involving engagement with the UK’s Serious Fraud Office.
- Conducting pre-deal AML, anti-corruption, and sanctions due diligence and post-acquisition compliance integration in connection with corporate transactions on behalf of large financial institutions and other multinational corporations.
- Conducting an internal investigation for a major financial institution in connection with an AML matter involving the SDNY.
- Representing a client in the gaming industry before FinCEN in an AML enforcement matter.
Ms. Capone regularly speaks and writes on anti-corruption, BSA/AML, and compliance issues.
Representative speaking engagements and writings include the following:
- ICLG, The Anti-Money Laundering Act of 2020’s Corporate Transparency Act, May 2021;
- “Key Anti-Corruption Priorities for the Biden Administration: The Corruption-Money Laundering Connection” (April 2021), Panelist, American University Washington College of Law Webcast;
- “Managing Internal Audit and Investigations” (November 2021), Panelist, Gibson Dunn Webcast;
- “FCPA Year-End Update” (2021 – 2022), Panelist, Gibson Dunn Webcast;
- The Top 10 Takeaways for Financial Institutions from the Anti-Money Laundering Act of 2020, January 2021, Gibson Dunn Client Alert;
- “International Anti-Money Laundering and Sanctions Enforcement” (December 2020), Panelist, Gibson Dunn Webcast;
- “Striving and Thriving During the Pandemic” (December 2020), Panelist, Women In Law Empowerment Forum (WILEF) Virtual Panel;
- 2020 ABA Treatise, Practice Under the Federal Sentencing Guidelines, Chapter 4: Criminal History;
- “Compliance and Economic Analysis” (February 2020), Panelist, Symposium on Economic Analysis of Law;
- 2019 ABA Treatise, Practice Under the Federal Sentencing Guidelines, Chapter 4: Criminal History;
- “Compliance Programs of Private Enterprise” (February 2018), Panelist, Symposium on Compliance (Pro-Competition & Anti-Corruption Laws) in Brazil and The United States;
- 2018 edition of Bloomberg BNA’s Securities Practice Series Portfolio No. 285, The U.S. Foreign Corrupt Practices Act: Enforcement and Compliance;
- ICLG, Anti-Money Laundering 2018, USA Law Chapter; and
- 2018 ABA Treatise, Practice Under the Federal Sentencing Guidelines, Chapter 4: Criminal History.
Ms. Capone graduated from New York University School of Law in 2011, where she was a member of the Honorary Moot Court Board. She graduated summa cum laude and with departmental honors for all years from Fordham University, where she earned a dual degree in Psychology and Sociology and was inducted into Phi Beta Kappa. Prior to joining Gibson Dunn, she practiced at a major international law firm in Washington, D.C. and New York, where she specialized in white collar criminal defense, securities litigation, and internal investigations.
Ms. Capone is admitted to practice law in the District of Columbia and New York, as well as before the United States District Courts for the Eastern and Southern Districts of New York.