Ian A. Herbert
Member
Ian Herbert defends global companies, executives, and trustees in high-stakes government investigations and litigation. He handles a broad range of civil litigation and criminal enforcement matters, with a particular focus on complex, cross-border disputes. He has experience with matters involving claims or allegations of Racketeer Influenced and Corruption Organization Act (RICO), trade secret misappropriation, False Claims Act (FCA), bribery, tax fraud, and other fraud.
Mr. Herbert regularly engages with the Department of Justice (DOJ), Securities and Exchange Commission (SEC), and other federal and state regulators. Because his matters are often multijurisdictional, Mr. Herbert is also familiar with the relevant enforcement authorities outside the U.S. and helps clients navigate the complex issues that arise in multi-jurisdictional investigations and litigation. He has extensive experience obtaining U.S. discovery for use in foreign proceedings under 28 U.S.C. § 1782 and has used the statute not only to obtain documents but also to take depositions of individuals and entities throughout the U.S. and around the world.
Part of the firm's Trust and Family Office and Anti-Money Laundering (AML) practice groups, Mr. Herbert also advises U.S. and foreign companies on anti-money laundering obligations, drafts AML policies, and conducts AML trainings. He assists high-net-worth individuals, trustees, and companies interacting with financial institutions regarding AML inquiries.
Mr. Herbert maintains a robust pro bono practice focused primarily on representing individuals in criminal prosecutions and post-conviction proceedings. In 2017, he briefed, argued, and obtained a reversal of a criminal conviction in the DC Court of Appeals. In 2020, he secured the early release of another client under the First Step Act. In 2024, following years of litigation, he obtained a favorable settlement for a client who had been assaulted while in prison.
Mr. Herbert writes regularly on issues related to white-collar criminal enforcement and AML. He is an editor of the firm's Money Laundering Enforcement Trends newsletter, which focuses on developments in money laundering regulation and enforcement
Representative Engagements
- Represented an executive in litigation in several countries regarding the state-sponsored hacking of the client by a foreign government. Developed and implemented the client's global litigation strategy. Defended breach of contract case in the U.K., resulting in a large judgment for the client. Managed the U.K. legal team and obtained U.S. discovery under 28 U.S.C. § 1782. Litigated multiple lawsuits in federal courts in the U.S., including a RICO claim in the Southern District of New York against a global law firm and multiple co-conspirators, a trade secrets misappropriation claim against a private investigator in M.D.N.C., and a hacking claim against a foreign government in D.D.C.
- Defended an offshore trust company in a criminal tax, Report of Foreign Bank and Financial Accounts (FBAR), and money laundering investigation involving the DOJ and regulators in multiple jurisdictions. Helped coordinate the global strategy for the trust company's interactions with regulators and banks, as well as litigation, in multiple jurisdictions, including the U.S., England, Bermuda, Cayman, Switzerland, and the Channel Islands.
- Defended numerous employees of a financial services and banking company in connection with internal and government investigations regarding allegations of fraud, disclosure and regulatory violations.
- Represented a Fortune 500 company in an investigation by the SEC, DOJ, and foreign authorities related to allegations of bribery, internal accounting controls, and books and records violations in connection with business in an African country, resulting in no action against our client by any of the authorities.
- Represented a national oil company in connection with an independent investigation and interactions with the DOJ and SEC regarding allegations of corruption, cost overruns, and internal control deficiencies.
- Represented a life sciences company in an internal investigation with FCA implications arising from government pricing.
- Conducted training sessions on U.S. AML/Countering the Financing of Terrorism (CFT) regulations for companies covered by the Bank Secrecy Act (BSA).
- Advised U.S. and foreign companies on Corporate Transparency Act (CTA) regulatory requirements and reporting obligations.
- Defended an executive in connection with insider trading allegations by the SEC and New York Attorney General, resulting in no action against our client.
- Represented the former general counsel of a pharmaceutical company in connection with an FCPA investigation.
- Represented a former executive of a defense contractor staffing company in DOJ's investigation into alleged labor market collusion.
- Defended a telemarketing executive in prosecution in the District of Maryland for mail fraud and wire fraud relating to the telemarketing business.
- Defended an individual in an 80-defendant RICO conspiracy case in the District of Maryland involving bribe payments to correctional officers.
- Directed a successful effort to reverse a client's conviction in the DC Court of Appeals, including identifying appealable issues, drafting the briefs, and arguing the case.
Rankings and Recognition
- The Best Lawyers in America®: Closely Held Companies and Family Businesses Law, 2024 - 2025
- The Best Lawyers in America®: Trusts and Estates, 2024 - 2025
- DC Bar Capital Pro Bono High Honor Roll, 2016 - 2020
Admissions
State Admissions
- District of Columbia
- New York
Court Admissions
- United States District Court for the District of Columbia
- United States District Court for the District of Maryland
- United States Court of Appeals for the District of Columbia Circuit
Clerkships
- Clerk, The Honorable Catharine Easterly, District of Columbia Court of Appeals
News and Events
Events
Speaking Engagement
Thought Leaders 4: Offshore Disputes Week
Speaking Engagement
BSA and AML in Mortgages
Speaking Engagement
59th Annual Southern Federal Tax Institute
Speaking Engagement
Thought Leaders 4 FIRE Americas: Cayman Conference
Speaking Engagement
Fire Starters Global Summit: Dublin
Publications
Internal Publication
FinCEN Prohibits Transmittals of Funds with Three Mexican Financial Institutions
External Publication
Kousisis Concurrence Maps FCA Defense to Anti-DEI Suits
Internal Publication