Richard (Rich) Gallena has extensive experience representing companies and individuals in complex global investigations, enforcement actions, and prosecutions before the U.S. Department of Justice (DOJ), the U.S. Securities and Exchange Commission (SEC), the U.K. Serious Fraud Office (SFO), and other regulators. He regularly conducts internal investigations on behalf of clients and advises on anti-corruption issues.
Mr. Gallena's practice includes conducting internal investigations before government enforcement agencies become involved, with a focus on the Foreign Corrupt Practices Act (FCPA). He has conducted investigations in Latin America, Europe, Asia, and the Middle East, working with a wide variety of multinational companies across range of industries. Mr. Gallena works with clients to improve compliance programs with an emphasis on the FCPA and other anti-corruption and anti-bribery laws. He frequently assists clients with anti-corruption diligence related to potential acquisitions and joint venture partners. Mr. Gallena is well-versed in DOJ and SEC compliance monitorships, having the rare experience of serving on a monitoring team, representing a company during a monitorship, and working for a company while under the supervision of a monitor.
Prior to joining Miller & Chevalier, Mr. Gallena worked for a boutique law firm focused on SEC enforcement. Before that, he was a Special Assistant U.S. Attorney in the Maryland U.S. Attorney's Office's Violent Crime & Gang Unit. Mr. Gallena has also worked for an international law firm based in Washington, DC.
- Managed all aspects of government-initiated and internal investigations, including witness interviews, responding to subpoenas and voluntary request letters, and supervising document reviews, productions, and forensic IT and accounting activities
- Prepared and delivered investigative findings to corporate leadership and government agencies, including the DOJ Fraud Section, SEC Division of Enforcement, U.S. Attorneys' Offices, and the SFO
- Developed anti-corruption compliance programs for international companies, advised on emerging compliance issues (e.g., ephemeral messaging), and conducted anti-corruption due diligence in connection with mergers and acquisitions, joint ventures, and third parties
- Served on DOJ-appointed monitorship team and advised on improving the internal investigation function
- Advocated on behalf of international clients in World Bank and African Development Bank sanctions proceedings
- Seconded to a medical device company:
- Responsible for all aspects of internal investigations into alleged Code of Conduct violations within Europe, Middle East, and Africa, including email review, in-person interviews, managing outside counsel, and coordinating and internal and external audits
- Reported investigation findings, remediation considerations, and root cause analysis to company leadership and outside counsel
- Lead associate in U.S. and U.K. investigations into a multinational engineering company stemming from media revelations
- Lead associate in DOJ investigation into an oil and gas services company in connection with bribery allegations in Brazil
- Lead associate in internal investigation on behalf of a medical device company into corruption allegations in Turkey
- Criminal Defense
- Delivered opening statement, cross-examined key witnesses, and presented oral arguments in a three-week jury trial stemming from 2017 inauguration protests; all charges dismissed with prejudice following trial (United States v. Basillas, 2017-CF2-01334, D.C. Sup. Ct.)
- Drafted motions – including motions to dismiss, suppress, and for pretrial release – prepared oral arguments, negotiated plea agreement on behalf of Russian foreign national in the District of Maryland related to a money laundering and bribery scheme (United States v. Mikerin, 2014-CR-00529, D. Md.)
- Special Assistant U.S. Attorney, U.S. Attorney's Office, District of Maryland, 2020 - 2022
- U.S. Attorney's Office, District of Maryland: Outstanding Contribution to a Law Enforcement Initiative (2020)
- District of Columbia