Brian Fleming's practice focuses on investigations and compliance counseling in matters at the intersection of international trade and national security with an emphasis on economic sanctions, export controls, and foreign direct investment. Mr. Fleming advises leading U.S. and foreign companies on compliance issues implicating the Treasury Department's Office of Foreign Assets Control (OFAC), the Commerce Department's Bureau of Industry and Security (BIS), and the State Department's Directorate of Defense Trade Controls (DDTC). Mr. Fleming also conducts internal investigations, coordinates responses to subpoenas and other investigative demands, and represents companies and individuals in government enforcement actions, including criminal cases brought by the Department of Justice (DOJ).
Mr. Fleming counsels U.S. and foreign companies with respect to the Committee on Foreign Investment in the United States (CFIUS) process from pre-transaction risk assessments to preparation of voluntary and mandatory CFIUS filings and management of mitigation agreements. Additionally, Mr. Fleming concentrates on core national security issues and advises clients on matters relating to cybersecurity and ransomware, the Foreign Agents Registration Act (FARA), Foreign Ownership, Control or Influence (FOCI) and facility security clearances, the Foreign Intelligence Surveillance Act (FISA), and DOJ investigations of media leaks and disclosures of classified information. Mr. Fleming also hosts the firm's economic sanctions and export controls podcast, EMBARGOED!
Prior to joining Miller & Chevalier, Mr. Fleming served as Counsel to the Assistant Attorney General for National Security at DOJ where he advised senior DOJ leadership on sensitive legal and policy issues pertaining to economic sanctions and export controls, cybersecurity, intellectual property theft, FARA, and Team Telecom, among others. Mr. Fleming also managed DOJ's review of all CFIUS matters and advised on numerous transactions and mitigation proposals across various industries.
Initially, Mr. Fleming joined DOJ as a Trial Attorney in the National Security Division's Counterintelligence and Export Control Section where he investigated and prosecuted U.S. and foreign companies and individuals in connection with economic sanctions and export control violations, cyber intrusions, economic espionage, and unauthorized disclosures of classified information, including media leaks.
Mr. Fleming began his legal career at a prominent Washington, DC law firm where he defended individuals and companies in government enforcement actions and complex civil disputes.
In Private Practice
- Conducted cross-border investigation regarding potential economic sanctions violations on behalf of multinational technology company, coordinated voluntary disclosure to OFAC, and advised on remedial measures.
- Conducted cross-border investigation regarding potential economic sanctions violations, coordinated subpoena response, and negotiated settlement with OFAC for multinational trade insurance company.
- Conducted cross-border investigation regarding potential North Korea sanctions violations for Asian oil and gas company.
- Conducted cross-border investigation regarding potential economic sanctions and export control violations on behalf of multinational technology company.
- Representing Chinese company on the Entity List in appeal to the End-User Review Committee.
- Representing state-owned entity on the SDN List in administrative proceedings before OFAC.
- Representing individual in joint DOJ-BIS investigation of potential export control violations.
- Represented ITAR broker in connection with voluntary disclosure to DDTC.
- Conducted cross-border investigation regarding allegations of price fixing and fraud for multinational technology company.
- Representing an individual defendant in a DOJ mail fraud prosecution.
- Representing corporate and individual clients in responding to federal grand jury and OFAC subpoenas.
- Submitted license applications and guidance requests to OFAC, BIS, and DDTC on behalf of corporate and individual clients.
- Conducted trade compliance risk assessments for multinational companies in the technology sector.
- Advising family trust with assets exceeding $1 billion on economic sanctions and other compliance issues.
- Advising companies in the technology, energy, financial, insurance, aerospace, apparel, healthcare, manufacturing, and logistics sectors regarding day-to-day economic sanctions and export control compliance issues.
- Advising on the development of economic sanctions and export control compliance programs for companies in the technology, energy, financial, and healthcare sectors.
- Advised multinational energy companies regarding anti-boycott issues.
- Representing energy company before U.S. Customs and Border Protection (CBP) regarding penalty notice for alleged Jones Act violation.
- Successfully represented multiple U.S. critical infrastructure clients before CFIUS.
- Successfully represented Chinese biomedical company before CFIUS.
- Successfully represented U.S. healthcare company before CFIUS and continue to manage mitigation agreement.
- Conducted investigation regarding potential FARA registration obligation for an NGO.
- Advised consulting firm on FARA registration obligation and submitted request for advisory opinion to DOJ.
- Advised media companies on FARA issues and DOJ media leak investigations.
- Advised multinational company regarding compliance with FISA court order.
- Advising defense contractors on facility security clearance issues.
- Represented the president of an investment management company in a Securities and Exchange Commission (SEC) enforcement action alleging securities fraud.
- Represented the former CEO of a financial institution in an administrative proceeding alleging accounting fraud.
- Investigated and prosecuted an individual in connection with theft and attempted export of ITAR-controlled technical data from multiple defense contractors.
- Investigated an international defense contractor for possible ITAR violations in connection with the design and manufacture of military aircraft components.
- Investigated a web security company in connection with a scheme to evade U.S. sanctions.
- Prosecuted an airline and three of its executives in connection with a scheme to evade U.S. sanctions.
- Prosecuted an individual for illegally exporting ITAR-controlled technical data related to nuclear submarines and military aircraft.
- Assisted with the drafting of the National Security Division's "Guidance Regarding Voluntary Self-Disclosures, Cooperation, and Remediation in Export Control and Sanctions Investigations Involving Business Organizations."
- Collaborated with various U.S. government agencies on the implementation and enforcement of the Joint Comprehensive Plan of Action (JCPOA).
- Managed DOJ's review of all CFIUS matters, including those in the following industries: aerospace, agricultural products, biometric technology, digital marketing, oil and gas, real estate, renewable energy, semiconductors, and telecommunications.
- Participated in the preliminary drafting process for the Foreign Investment Risk Review Modernization Act (FIRRMA).
- Investigated cyber intrusions resulting in the theft of proprietary and ITAR-controlled data from defense contractors.
- Participated in the review of various sensitive FARA registration matters.
- Investigated a former member of the U.S. military for illegally retaining and transmitting classified information.
- Investigated a former U.S. government employee for espionage.
- Investigated and prosecuted an individual for acting in the U.S. as an unregistered agent of a foreign government.
- Investigated individuals for unauthorized disclosures of classified information, including leaks to the news media.
- Counsel, Assistant Attorney General for National Security, Department of Justice, 2015 - 2017
- Trial Attorney, Counterintelligence and Export Control Section, National Security Division, Department of Justice, 2013 - 2015
- Chambers USA: International Trade: Export Controls & Economic Sanctions (Nationwide), 2022
- Legal 500: Dispute Resolution: International Trade, 2018 - 2019, 2021 - 2022
- Who's Who Legal: Trade & Customs - International Sanctions, 2021
- DC Bar Capital Pro Bono Honor Roll, 2020
- Assistant Attorney General Award for Excellence, National Security Division, 2017
- District of Columbia
- United States District Court for the District of Columbia
- United States District Court for the District of Maryland
- Clerk, The Honorable John D. Bates, U.S. District Court for the District of Columbia, 2008 - 2009