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Brian Wilmot

Of Counsel
About

Brian Wilmot advises companies and individuals in all aspects of U.S. and global investigations and enforcement matters, in particular multi-jurisdiction matters and those involving fraud and corruption. His clients include those operating in the technology, software, life sciences, mining, manufacturing, financial services, aviation and defense sectors.

Brian has a global practice, supporting clients in the Americas, Asia, Europe, and Africa, often in connection with matters before U.S. enforcement authorities such as the Department of Justice (DOJ), Securities and Exchange Commission (SEC), Commodities Futures Trading Commission (CFTC) and Federal Energy Regulatory Commission (FERC).

His experience encompasses every step of the investigation and regulatory enforcement process, including responding to government inquiries and subpoenas, managing internal fact-finding and investigation steps, preparing witnesses for government testimony, positioning companies and individuals for resolution discussions with enforcement authorities, and advising companies on post-resolution obligations such as monitorships. His matters frequently involve close coordination with external experts and joint or local counsel. Brian also has experience representing individuals in both criminal prosecutions and civil enforcement actions.

Brian also counsels companies regarding the assessment and enhancement of their corporate compliance programs. Brian has supported multiple international companies through multi-year post-resolution monitorships.

Bar admissionsDistrict of ColumbiaMarylandPennsylvania
CourtsUnited States District Court for the District of Columbia

EXPERIENCE

Corporate Investigations and Government Enforcement
  • Internal investigation and response to SEC subpoena for South American mining company
  • Anti-corruption investigations in multiple jurisdictions in Africa for public enterprise software company in connection with enforcement proceedings by U.S. and foreign regulators
  • Internal investigations in Africa, Asia, and Europe for U.K.-based pharmaceutical company related to corruption, fraud, embezzlement, conflicts of interest and cybersecurity allegations
  • Internal investigation for Japanese manufacturing company as part of international, multi-jurisdiction DOJ fraud investigation
  • Representation of individual in connection with DOJ/CFTC investigation and enforcement action related to allegations of market manipulation
  • Internal investigation of corruption allegations at South African subsidiary of U.S.-based technology company
  • Representation of former general counsel of major public company in connection with DOJ FCPA enforcement action and parallel shareholder litigation
Compliance Counseling and Monitorships
  • Multi-year post-DOJ/SEC resolution compliance monitorships for Brazilian and Swiss public companies
  • Compliance assessment and negotiated resolution with DOJ for major U.S. defense contractor that resulted in case closure
  • Compliance assessment for U.S. manufactured home builder
  • Global anti-corruption due diligence counsel for top pharmaceutical company in two separate global transactions with other global pharmaceutical firms
Criminal and Civil Litigation Experience
  • Representation of former Naval officer in high-profile, multi-defendant federal bribery prosecution leading to dismissal of charges following a three-month trial
  • Defense of life sciences company in civil RICO litigation involving allegations of wire fraud and theft of trade secrets, leading to dismissal at motion to dismiss stage
  • Representation of two individuals in FERC civil enforcement litigation, resulting in dismissal of proceedings
Education
  • J.D., University of Pennsylvania, 2014
    University of Pennsylvania Law Review

  • B.A., Political Science, Bates College, 2005

Pro Bono

Brian has represented individuals in housing conditions and eviction litigation, government benefits counseling, and immigration matters, including Supreme Court litigation. Brian also has advised non-profit leadership and Boards on governance practices after having served on the board of a legal services non-profit in Philadelphia for ten years.

Publications

Seminars

  • Speaker, "Truth and Uncertainty: Auditing Greenwashing," International Conference for Institute of Internal Auditors, July 2024, Internal Audit Challenge Conference Series, October 2024
  • Webinar, "DOJ’s Revised Evaluation Guidance: Compliance Tips and Strategies," The Knowledge Group, December 12, 2019

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