Overview
Edward (Ted) Diskant is a former federal prosecutor and the co-head of McDermott’s global white-collar and government investigations practice. Ted leverages his background overseeing some of the most high-profile criminal matters brought by the US Attorney’s Office for the Southern District of New York to help companies and individuals navigate a wide range of white-collar, litigation, and regulatory enforcement matters. Ted is routinely hired to lead sensitive internal investigations and respond to government inquiries, with a particular focus on matters involving the False Claims Act (FCA), the anti-bribery laws including the Foreign Corrupt Practices Act (FCPA), wire fraud, healthcare fraud, money laundering and the Bank Secrecy Act (BSA).
An experienced trial lawyer, Ted regularly takes complex civil and criminal cases to trial. Recognized by Global Investigations Review (GIR) as a “notable” member of McDermott’s globally ranked investigations team, Ted “brings lots of trial experience to the table” and clients rely on Ted’s extensive courtroom experience at all stages of litigation. Ted frequently consults on compliance matters and helps clients design, implement, and audit compliance programs consistent with US Justice Department (DOJ) and other applicable guidance.
Prior to joining McDermott, Ted spent nine years at the US Attorney’s Office for the Southern District of New York, most recently serving as Chief of the Public Corruption Unit. In that capacity, Ted supervised a team of approximately twenty senior prosecutors, overseeing some of the Office’s most sensitive and high-profile matters, including the investigations and prosecutions of presidential advisor Stephen K. Bannon, attorney to the former president Michael Cohen, financier Jeffrey Epstein and his former girlfriend Ghislaine Maxwell, and attorney Michael Avenatti. Ted also led investigations and prosecutions of financial institutions related to compliance with the BSA, as well as US sanctions and AML requirements.
As part of his pro bono practice, Ted serves on the Criminal Justice Act (CJA) Panel for the Southern District of New York, representing defendants in federal criminal matters, appeals, and in habeas proceedings. Ted co-founded the LGBT White-Collar Working Group and serves on the Firm’s Diversity Committee.
Prior to joining the US Attorney’s Office, Ted clerked for the Hon. Debra Ann Livingston, Chief Judge, United States Court of Appeals for the Second Circuit, and for the Hon. Sidney H. Stein, United States District Court, Southern District of New York.
Results
- Successfully obtained dismissal of FCA claims against a global pharmaceutical company based on an asserted off-label promotion scheme
- Successfully obtained non-prosecution agreement for a national construction firm in twenty-five defendant kickback and commercial bribery investigation and prosecution
- Successfully obtained declination for pharmaceutical executive in SEC insider tradition investigation
- Represents Fortune 50 global healthcare company in FCA litigation arising from administration of Part D prescription drug benefits
- Represented leading global accounting firm in month-long arbitration brought by Claimants seeking hundreds of millions in damages from asserted accounting errors
- Oversaw investigation of international corporation for potential FCPA violations arising from efforts to bribe foreign government officials through international travel and hospitality programs.*
- Led investigation and prosecution of Industrial Bank of Korea for criminal violations of the BSA stemming from nearly a billion dollars in sanctions-violative transactions*
*Matter handled prior to joining McDermott.
Recognitions
- Legal 500 US, 2022-2023, Next Generation Partner, 2024
- Crain’s New York Business, Notable LGBTQIA+ Leader, 2024
- Global Investigations Review GIR 100, Recommended, 2023
Community
- LGBT Bar Association of New York, member
- Federal Bar Council
Credentials
Education
Yale Law School, JD, 2008
Yale College, BA, 2003
Courts / Agencies
US Court of Appeals for the Second Circuit
US District Court Eastern District of New York
US District Court Southern District of New York
Admissions
New York