Overview
Bradley (Brad) Cohen represents clients in government and internal investigations, regulatory compliance and enforcement matters, white-collar criminal defense, and complex civil litigation across the banking and financial services, securities, real estate and healthcare industries, among others. He counsels entities and individuals through investigations brought by agencies that include the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ), as well as state attorneys general. Brad also defends public and private companies in cases before federal and state courts.
In particular, Brad advises clients on financial crime-related issues, including anti-money laundering (AML) obligations, anti-bribery and corruption requirements under the Foreign Corrupt Practices Act (FCPA), economic and trade sanctions administered by the Office of Foreign Assets Control (OFAC), and allegations of fraud, insider trading and market manipulation. He also regularly assists clients with developing compliance policies and programs, and conducting due diligence associated with acquisitions, joint ventures and other transactions.
Prior to joining McDermott, Brad was an associate at an international law firm in New York, where he completed a year-long financial crimes-focused secondment at a global bank. During law school, Brad interned at the US Attorney’s Office for the Eastern District of Pennsylvania, and completed the SEC’s Summer Honors Program, interning within the Office of the Chief Counsel for the Division of Enforcement. He also worked at a Big Four accounting firm as a financial services regulatory consultant before practicing law.
Brad’s active pro bono practice includes representing clients in asylum proceedings and landlord-tenant disputes before immigration and housing courts.
Results
- Represented an accounting firm in connection with DOJ investigation into fraudulent scheme allegedly perpetrated by its audit client-investment advisor
- Advised a French subsidiary of a global diagnostics company on a whistleblower report alleging potential financial misrepresentations
- Represented an auction house in connection with an SEC investigation into the resale of certain non-fungible tokens (NFTs)
- Counseled a bank in receivership on a FinCEN enforcement action alleging Bank Secrecy Act (BSA)/AML compliance program deficiencies
- Advised a shipping conglomerate on FCPA successor liability risk associated with acquisition of transportation and logistics company
- Counseled an ambulatory surgery center on a New York Medicaid Fraud Control Unit investigation into billing practices
- Defended an asset management company in emergency proceedings seeking to block the transfer of title to hotel property
- Advised a professional sports organization in connection with a league investigation into alleged league rule violations
- Conducted an FCPA investigation for a multinational shipping corporation and proposed anti-bribery compliance program recommendations*
- Conducted an internal investigation and advised a bank’s audit committee on alleged improprieties related to BSA/AML program enhancements*
- Conducted an internal investigation of a global financial institution’s response to a fraud attack on deposit accounts*
- Advised a global bank on remedial actions associated with BSA/AML and OFAC enforcement action*
- Represented a multinational corporation with a procurement investigation and sanctions and debarment negotiations before the World Bank*
- Counseled an individual on a DOJ criminal investigation into alleged bank fraud and mortgage fraud*
- Counseled a commodity trading firm on a market manipulation investigation*
- Represented a multinational financial institution in bankruptcy claw-back proceedings related to the Madoff Ponzi scheme*
- Represented trustees and servicers in various disputes related to residential mortgage-backed securities*
- Represented several pro bono clients seeking asylum, including an Afghan woman-student evacuated during the Taliban’s return to power*
*Matter handled prior to joining McDermott
Community
- American Bar Association, Business Crimes, Investigations and Corporate Compliance Committee, member
Credentials
Education
The George Washington University Law School, JD, 2015
University of Pennsylvania, BA, cum laude, 2009
Admissions
District of Columbia
New York
Courts / Agencies
US District Court for the Southern District of New York
US District Court for the Eastern District of New York
