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    Home /  Lawyers /  Nicolas Bourtin

    Nicolas Bourtin

    Partner

    Nicolas Bourtin Headshot Photo Portrait backdrop

    New York

    +1-212-558-3920

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    bourtinn@sullcrom.com

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    Nicolas Bourtin is the Managing Partner of Sullivan & Cromwell’s Criminal Defense and Investigations Group and a co-head of the Firm’s FCPA and Anti-Corruption Group. His practice spans multiple areas of white collar criminal defense, including anti-corruption, accounting fraud, criminal antitrust, sanctions, anti-money laundering and securities fraud. He combines his tenure as a federal prosecutor with nearly two decades of experience guiding many of the world’s largest multinational companies through their highest stakes matters. He has led a multitude of internal investigations around the world and has defended some of S&C’s most prominent clients, such as Goldman Sachs, JPMorgan Chase, Wells Fargo, Fiat Chrysler Automobiles, Eni, Barclays, TD Bank, Standard Chartered and Popular in investigations and litigation. Mr. Bourtin has conducted numerous jury trials and argued frequently before federal and state appellate courts.

    Mr. Bourtin previously served as an Assistant U.S. Attorney in the Eastern District of New York, where he was involved in investigations, prosecutions and trials involving fraud, corruption, money laundering and other white collar offenses. He successfully prosecuted the bosses and senior leadership of the New York City-based Italian mafia families for crimes such as murder, racketeering, extortion, loansharking and narcotics trafficking and was involved in several historic prosecutions, including the first death penalty-eligible murder indictments of Italian mafia bosses in modern history. He also coordinated the Eastern District’s cooperation with the Italian government on matters involving organized crime and led several successful collaborative efforts with the Italian Ministry of Justice, National Antimafia Bureau, National Police, Carabinieri and Guardia di Finanza.

    He is consistently recognized as a leading practitioner in the area of white collar criminal defense. Chambers USA has described him as “unflappable,” “exceptionally knowledgeable” and an “incredible practitioner” whose advice is “totally reliable,” and has noted his “strengths across litigation work and investigatory work, with expertise in areas including FCPA, financial fraud and antitrust issues.” He was named “Investigations Professional of the Year” by Global Investigations Review in the inaugural presentation of the award in 2021.

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    Spotlight

    Nic Bourtin and Aisling O’Shea Comment on DOJ’s New Cooperation Policies for Criminal Cases in Agenda

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    Nic Bourtin Authors Chapter in GIR’s The Practitioner’s Guide to Global Investigations

    Read More

    Nic Bourtin recognized as a “Litigation Star” by Benchmark.

    Read More

    Nic Bourtin and Steve Hsieh Shape Latest Edition of The International Investigations Review

    Read More

    Karen Seymour and Nicolas Bourtin Win GIR’s Inaugural “Investigations Professional of the Year” Award

    Read More
    • Experience
    • Rankings and Recognitions
    • News
    • Publications, Videos and Podcasts
    • Credentials
    • Related Practices
    Experience

    Experience

    High-Stakes Investigations

    • FCA US LLC, in a criminal resolution with the U.S. Department of Justice arising from an investigation of emissions control devices in certain light duty diesel trucks sold in the United States.
    • Wells Fargo as lead counsel in resolving multiple criminal and regulatory investigations, including by the DOJ, the SEC and a multi-state working group of attorneys general, as well as in civil litigation, related to Wells Fargo’s sales practices.
    • Lead counsel to Goldman Sachs in reaching coordinated resolutions in multiple criminal and regulatory investigations in jurisdictions around the world relating to an alleged multi-billion dollar money laundering and corruption scheme involving the Malaysia sovereign development company, 1MDB, and senior public officials in Malaysia and the United Arab Emirates, including a deferred prosecution agreement with the DOJ and resolutions with the government of Malaysia, the SEC, Federal Reserve, New York DFS, and regulators in the UK, Hong Kong and Singapore.   

    • Eni in two high-profile DOJ investigations related to its oil and gas businesses in Africa, both of which the DOJ closed without taking any enforcement action, and in resolving related SEC investigations.
    • FCA US LLC in an investigation into improper payments involving the UAW-Chrysler National Training Center.

    FCPA

    • A major global financial institution in connection with the DOJ’s FIFA corruption investigation.
    • Kinross Gold in its favorable settlement with the SEC stemming from an FCPA investigation arising from the company’s activities in West Africa, as well as in a parallel investigation by the DOJ, which closed its investigation and declined to pursue charges.
    • The former CEO of SBM Offshore in criminal investigations in the United States, Brazil and the Netherlands related to alleged corruption in Brazil, Angola, Equatorial Guinea and other countries.
    • The former CEO of the Brazilian subsidiary of an international shipping and construction company in connection with a corruption investigation in Brazil, the United States and Singapore. 

    Criminal Antitrust

    • A major U.S. investment bank in antitrust and fraud investigations of the markets for U.S. Treasuries and agency bonds.
    • An individual in an international price-fixing investigation into the high-voltage submarine and underground cable industry by the DOJ, the European Commission and other governmental agencies. 
    • A Jones Act shipping company in the resolution of a multi-year criminal price-fixing investigation by the Antitrust Division of the DOJ and the settlement of related civil lawsuits.

    OFAC Sanctions and Money Laundering

    • Standard Chartered Bank in 2012 and 2019 deferred prosecution agreements with the DOJ and the Manhattan District Attorney’s Office and regulatory settlements with the New York State Department of Financial Services, the Federal Reserve and OFAC, all related to OFAC sanctions and anti-money laundering compliance.
    • TD Bank in parallel settlements of anti-money laundering compliance investigations by the OCC and FinCEN relating to the Scott Rothstein Ponzi scheme.
    • A multinational consumer goods manufacturer in persuading the DOJ to drop a money laundering investigation.
    • HSBC in the resolution of investigations by the DOJ, the Manhattan District Attorney’s Office, the OCC, OFAC and FinCEN related to OFAC sanctions and anti-money laundering compliance.
    • ABN AMRO Bank in a $500 million deferred prosecution agreement with the DOJ related to OFAC sanctions and anti-money laundering compliance. 
    • Wachovia Bank in a $110 million deferred prosecution agreement with the DOJ, a civil resolution with FinCEN, and a $50 million civil money penalty with the OCC related to anti-money laundering compliance in Wachovia’s correspondent banking business. 

    Securities and Complex Financial Instruments

    • Fiat Chrysler Automobiles N.V. and FCA US LLC in resolving an SEC investigation regarding its historical sales reporting practices.
    • Deutsche Bank in an internal investigation of suspicious securities trading and USD payments involving customers and counterparties of Deutsche Bank Moscow and Deutsche Bank (London Branch) and also advising on and handling related U.S. regulatory and law enforcement reporting, investigation and advocacy.
    • Numerous global financial institutions in connection with state and federal civil, criminal, and regulatory investigations into RMBS underwriting practices prior to the financial crisis.
    • TD Bank in a $15 million settlement with the SEC in connection with the Scott Rothstein Ponzi scheme.
    • Fifth Third Bancorp in a $6.5 million settlement with the SEC involving allegations of accounting violations during the financial crisis related to with Fifth Third’s commercial loan portfolio.
    • Fifth Third Bancorp in the settlement, resulting in no civil money penalty, of an SEC administrative action that alleged violations of Section 13(a) of the Exchange Act and Regulation FD in connection with the redemption of certain trust preferred securities.

    Other Significant Matters

    • Intesa Sanpaolo in a successful petition to the DOJ to return approximately $118 million to date in forfeited funds that were the proceeds of a fraud committed against Intesa Sanpaolo’s predecessor entity in Italy in the mid-1990s.
    • A major international bank in investigations by the DOJ, the Commodity Futures Trading Commission, the Office of the Comptroller of the Currency, the Federal Reserve, numerous state attorneys general and various foreign regulators into the setting of LIBOR and other benchmark interest rates. 
    • A prominent national law firm in an Assurance of Discontinuance with the New York State Attorney General’s Office in an investigation regarding the use of placement agents to secure investments by public pension funds.

    Other Public Service and Professional Activities

    • Criminal Justice Act Panel, U.S. District Court for the Eastern District of New York
    • Law360 White Collar Editorial Advisory Board
    • Global Investigations Review Editorial Board
    • Office of the Appellate Defender, Chair of the Board of Directors
    • Eastern District Association

    Speaking Engagements 

    • “Rise of Investigations in the US,” Mondaq Webinars (July 2022)
    • “Ethics, Strategy, and Privilege Issues in Defense Investigations,” NYC Bar White Collar Crime Institute (April 27, 2022)
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    Rankings and Recognitions

    Rankings and Recognitions

    • Chambers Global – Recognized as a leader in FCPA (2021, 2022)
    • Chambers USA – Recognized as a leader in White-Collar Crime & Government Investigations (2016-2022) and FCPA (2020-2022)
    • Benchmark Litigation – National Practice Area Star (2021-2023), Recognized as a Local Litigation Star (2020-2023) and Future Star (2017-2019)
    • Global Investigations Review – Investigations Professional of the Year Award (2021)
    • The National Law Journal – Recognized as a White Collar, Regulatory & Compliance Trailblazer (2018)

    • New York Super Lawyers – Recognized in the area of Criminal Defense: White Collar (2011-2022)
    • Who’s Who Legal: Global Investigations Review – Recommended Lawyer for Criminal and Government Investigations (2016-2022)
    • Who’s Who Legal: Global Investigations Review – Thought Leaders in Investigations (2022)
    • Lawdragon – Recognized as one of the “500 Leading Litigators in America” (2022)
    • Expert Guides: White Collar Crime – Recommended Lawyer for White Collar Crime (2016-2019) 
    • The Legal 500 United States – Recommended Lawyer for White-Collar Criminal Defense (2010-2013, 2016-2018), International Litigation (2016-2018), Financial Services Litigation (2017) and International Trade (2017, 2018)
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    News

    News

    • Nic Bourtin and Alex Willscher Join Cambridge Forums Conference on Financial Institutions Enforcement

      May 9, 2023
    • Nic Bourtin and Aisling O’Shea Comment on DOJ’s New Cooperation Policies for Criminal Cases in Agenda

      February 2, 2023
    • Nic Bourtin Speaks at Third Annual Hot Trends in DOJ and SEC Enforcement Conference

      November 17, 2021
    • Basil Zirinis and Nic Bourtin Join Cambridge Forums Conference on International Wealth Disputes

      October 13–15, 2021
    • Nic Bourtin and Alex Willscher Join Cambridge Forums Event on Financial Institutions Enforcement

      October 7–8, 2021
    • S&C Lawyers Honored for Securing Release of Domestic Violence Survivor Under Landmark New Law

      April 1, 2021
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    Publications, Videos and Podcasts

    Publications, Videos and Podcasts

    • Nic Bourtin Authors Chapter in GIR’s The Practitioner’s Guide to Global Investigations

      Articles January 20, 2023
    • Nic Bourtin and Steve Hsieh Shape Latest Edition of The International Investigations Review

      Articles August 12, 2022
    • Nic Bourtin Authors Chapter in The Practitioner’s Guide to Global Investigations

      Articles February 8, 2022
    • S&C Litigators Author Chapters in Business and Commercial Litigation in Federal Court

      Books January 18, 2021
    • Nic Bourtin Serves as Editor of 11th Edition of The International Investigations Review and Co-authors the United States Chapter with Steve Hsieh

      Books August 26, 2021
    • Nicolas Bourtin Authors Chapter in GIR’s Practitioner’s Guide to Global Investigations

      Articles March 5, 2021
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    Credentials

    Credentials

    Education

    • Columbia Law School, J.D., 1996
    • University of Notre Dame, B.A., 1993

    Bar Admissions

    • District of Columbia
    • New York

    Languages

    • Italian

    Clerkships

    • The Honorable Federico A. Moreno, United States District Court, Southern District of Florida, 1997-1998
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    Related Practices

    Related Practices

    • Litigation
    • Antitrust
    • Bank Regulatory
    • Broker-Dealer
    • Congressional Investigations
    • Consumer Financial Services
    • Corporate Culture, Workplace Investigations & Whistleblower Litigation
    • Criminal Defense & Investigations
    • Economic Sanctions and Financial Crime
    • FCPA & Anti-Corruption
    • Financial Services
    • Financial Services Investigations & Litigation
    • Foreign Investments and Trade Regulations
    • General Practice
    • Securities & Commodities Investigations Practice
    • Securities Litigation
    • Supreme Court and Appellate
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