Alexander J. Willscher

Trading Practices

• Morgan Stanley & Co. in securing a non-prosecution agreement from the DOJ, and a resolution with the SEC, in an investigation of employees’ conduct in connection with the sale of large blocks of equities
• JPMorgan Chase & Co. in reaching coordinated resolutions with the DOJ, CFTC, and SEC, resolving investigations of alleged “spoofing” by former traders in the precious metals and U.S. treasuries markets, and manipulation of precious metals barrier options
• Barclays in persuading the DOJ not to bring criminal charges relating to allegations that bank employees used confidential merger information to front-run trades and enable the bank to profit at a client’s expense. In a major policy shift, this marked the first time that the DOJ had been willing to extend its declination program for companies outside of the FCPA context
• Barclays plc in the investigation and resolution with the DOJ and other regulators relating to a criminal conspiracy to manipulate the price of currency exchanged in the global FX Spot Market
• Major financial institution in regulatory settlement relating to bank’s electronic trading platform and “last-look” functionality
• Barclays in the resolution with the CFTC of matters relating to the ISDAFIX benchmark rate

Securities investigations

• A major international financial institution in an SEC investigation relating to fraudulent pricing of bonds
• Better.com in SEC investigation, regarding whistleblower allegations of violations of U.S. securities laws, which concluded with no action taken against the company
• Internet company in SEC investigation relating to a short seller’s report alleging money laundering violations

AML/OFAC Sanctions

• A major global financial institution, in persuading the DOJ to drop a money laundering investigation
• Multiple major financial institutions in investigations relating to money laundering and potential BSA/AML violations, including in connection with the FIFA scandal, the Panama Papers, and the Russian and Azerbaijani Laundromats
• Mashreq Bank in the October 2018 consent order with the New York Department of Financial Services in connection with examinations and an investigation by the DFS into its AML program in its New York branch’s U.S. dollar clearing operations
• HSBC Holdings plc in the investigation and resolution with the DOJ, the Manhattan District Attorney’s Office, the Office of the Comptroller of the Currency, and the U.S. Treasury’s Office of Foreign Assets Control related to OFAC sanctions and anti-money laundering compliance

Antitrust

• A leading international industrial company in securing a declination in a DOJ criminal antitrust investigation
• Royal Bank of Canada as lead counsel in lawsuit accusing five major financial institutions of participating in a purported conspiracy to manipulate the prices of UK government bonds
• Financial company in DOJ investigation of no-poach agreements
• Royal Bank of Canada as lead counsel in successfully defeating a lawsuit accusing major banks of rigging the roughly $9 trillion SSA government agency bond market
• Major financial institution in a DOJ investigation into possible conspiracy to manipulate of the U.S. Treasuries market

Accounting

• The audit committee of a major financial institution in connection with a whistleblower complaint filed with the SEC raising concerns about various accounting practices
• A global financial institution in successfully resolving investigations by the DOJ and SEC concerning allegations raised by a former senior employee on the company’s whistleblower hotline and in the media
• A Fortune 500 company in achieving a SEC declination in investigation of allegations of improper earnings management
• A major technology company in achieving DOJ and SEC declinations in investigations of revenue recognition practices
• Senior executive of a healthcare company in DOJ/SEC investigation of allegations of channel stuffing and other accounting irregularities

FinTech/Consumer Protection

• Worldwide payment processing company in FTC investigation of the operators of an alleged credit card debt relief scheme
• Worldwide payment processing company in agreed resolution with the Federal Trade Commission related to allegations regarding insufficient controls and transaction monitoring of a wholesale independent sales organization (ISO), and its downstream merchants and affiliates
• Payments processor in various investigation by the DOJ, SEC, and FTC

Insider Trading

• Major insurance company in connection with trading in company securities by a Section 16 reporting officer
• The CEO of public company in securing successful declination by the SEC of its insider trading investigation
• The chairman of the board of a healthcare company in securing a declination for a joint DOJ/SEC insider trading investigation

Securities and complex commercial litigation

• International venture capital fund in civil litigation for fraud against company founder
• Major financial institution in civil litigation for fraud against loan borrower
• Credit Agricole in lawsuit alleging violations of the U.S. Anti-Terrorism Act (ATA) and Justice Against Sponsors of Terrorism Act (JASTA)
• The Boeing Company in obtaining the dismissal of a putative securities fraud class action related to delays in the first flight of the company’s 787 Dreamliner aircraft
• HSBC Bank USA in successfully obtaining the dismissal of an action seeking over $2.7 billion plus interest in sanctions against HSBC, in connection with a default judgment that plaintiffs had obtained against the government of Iran
• HSBC Bank USA in successfully wining dismissal with prejudice of a putative class action seeking $5 billion in damages on behalf of persons whose personal property allegedly had been stolen, converted to cash, and eventually deposited in accounts at HSBC

Congressional investigations

• Executive-branch officials in connection with the investigation of the U.S. House Select Committee as to the events of January 6, 2021
• Senior Executive-branch official in connection with the Special Counsel investigation regarding interference in the 2016 United States elections

Cryptocurrency

• Cryptocurrency exchange in multiple DOJ investigations

FCPA

• A major international oil company in DOJ and SEC investigations of possible FCPA violations
• Executive of a major conglomerate in DOJ and SEC investigations of potential FCPA issues

Professional Activities

• The Federal Bar Council
• The New York City Bar, Professional Ethics Committee
• The Supreme Court Historical Society
• Member, Criminal Justice Act Panel, U.S. District Court for the Southern District of New York (2014–2023)