Kendall Day is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is a member of the White Collar Defense and Investigations and the Financial Institutions Practice Groups. As a prosecutor, Mr. Day served as an Acting Deputy Assistant Attorney General, the highest level of career official in the Criminal Division at the U.S. Department of Justice with responsibility for the work of more than 200 prosecutors and professionals. He began his career as a trial attorney during which he prosecuted and tried complex and sensitive cases, including cases against a Member of Congress, a New York State Supreme Court Judge, and other elected public officials.
Mr. Day’s practice focuses on internal investigations, regulatory enforcement defense, white-collar criminal defense, and compliance counseling. He represents financial institutions, multi-national companies, and individuals in connection with criminal, regulatory, and civil enforcement actions involving anti-money laundering (AML)/Bank Secrecy Act (BSA), sanctions, FCPA and other anti-corruption, securities, tax, wire and mail fraud, unlicensed money transmitter, and sensitive employee matters. Mr. Day’s practice also includes BSA/AML compliance counseling and due diligence, and the defense of forfeiture matters.
Prior to joining Gibson Dunn, Mr. Day spent 15 years as a white collar prosecutor with the U.S. Department of Justice (DOJ), serving most recently as an Acting Deputy Assistant Attorney General of the DOJ’s Criminal Division, the highest level of career official in the Criminal Division. In this role, Mr. Day supervised more than 200 Criminal Division prosecutors and professionals tasked with investigating and prosecuting many of the country’s most significant and high-profile cases involving allegations of corporate and financial misconduct. He also exercised nationwide supervisory authority over Bank Secrecy Act and money-laundering charges, deferred prosecution agreements and non-prosecution agreements involving financial institutions.
Mr. Day previously served as Chief of the Money Laundering and Asset Recovery Section of the DOJ’s Criminal Division from 2014 to 2017 and as Principal Deputy Chief from 2013 to 2014. During his tenure, he supervised 90 lawyers and managed investigations involving global financial institutions and enforcement of anti-money laundering and sanctions laws. He also directed the Kleptocracy Initiative, an international corruption unit focused on safeguarding the U.S. financial system from foreign bribe and corruption proceeds.
From 2005 through 2013, Mr. Day served as a deputy chief and trial attorney in the Public Integrity Section of the DOJ. During his tenure at the Public Integrity Section, Mr. Day prosecuted and tried some of the Criminal Division’s most challenging cases, including the prosecutions of Jack Abramoff, a Member of Congress and several chiefs of staff, a New York state supreme court judge, and other elected local officials. From 2003 to 2005, he served as an Honors Program Trial Attorney in the DOJ’s Tax Division. Mr. Day also served overseas as the Justice Department’s Anti-Corruption Resident Legal Advisor in Serbia.
Mr. Day received a number of awards while at the DOJ, including the Attorney General’s Award for Distinguished Service, the second highest award for employee performance; the Assistant Attorney General’s Award for Exceptional Service; and the Assistant Attorney General’s Award for Ensuring the Integrity of Government.
Mr. Day clerked for Chief United States District Court Judge Benson E. Legg of the District of Maryland. He earned his J.D. from the University of Virginia School of Law, where he graduated in 2002 after winning first place in the Lile Moot Court Competition and being selected to receive the Margaret G. Hyde Graduation Award. He graduated with honors and highest distinction from the University of Kansas in 1999 with a B.A. in Italian Literature and Humanities.
Mr. Day is licensed to practice in the Commonwealth of Virginia.
Representing foreign banks and bank officers in connection with investigations regarding allegations of money laundering, FCPA and other corruption, tax fraud and evasion.
Representing individuals in connection with Department of Justice criminal investigations.
Representing NYSE listed company in connection with DOJ, SEC, and FINRA inquiries.
Representing European bank Board of Directors in connection with enforcement actions brought by the U.S. Department of Justice.
Conducting internal investigation of FCPA allegations for a publicly traded company.
Selected Recent Speaking Engagements*
Panel Presentation, “AML Compliance: Essentials of Anti-Money Laundering,” Global Gaming Expo 2018 Education Program
Panel Presentation, “Supervisory Developments Regarding BSA/AML and OFAC Compliance,” Risk Management and Regulatory Examination/Compliance Seminar, Institute of International Bankers, 2018
Gibson Dunn webcast, “Developments in Virtual Currency Law and Regulation,” June 2018
Gibson Dunn webcast, “Anti-Money Laundering and Sanctions Enforcement and Compliance in 2018 and Beyond,” May 2018
American Bar Association, 32nd Annual Institute on White Collar Crime, “Global Reach of Money Laundering Enforcement,” March 2018*
Testimony to Senate Committee on the Judiciary, for a hearing entitled “Beneficial Ownership: Fighting Illicit International Financial Networks Through Transparency,” February 2018*
Testimony to Senate Committee on Banking, Housing, and Urban Affairs, for a hearing entitled “Combatting Money Laundering and Other Forms of Illicit Finance: Administration Perspectives on Reforming and Strengthening BSA Enforcement,” January 2018*
Kleptocracy and Money Laundering: A Conversation with Kendall Day, Hudson Institute, July 2017*
Cambridge Forum on Financial Institutions Enforcement, Interview, May 2017*
Chicago White Collar Crime and Corporate Governance Conference, Interview, April 2017*
American Bankers Association/American Bar Association AML Conference, Keynote Address, November 2016*
Wall Street Journal PRO, “Financial Regulation – Taking Stock, Looking Ahead,” Interview, October 2016*
*Engagements prior to joining Gibson, Dunn & Crutcher
* Admitted only in VA; practicing under the supervision of Principals of the Firm.
University of Virginia - 2002 Juris Doctor
University of Kansas - 1999 Bachelor of Arts