Kan M. Nawaday

Government Experience

• Assistant United States Attorney, U.S. Attorney's Office for the Southern District of New York

Representative Matters

Government Investigations and Enforcement Actions

• Defending a cryptocurrency client in connection with a regulatory investigation
• Defending a major New York City construction company in connection with a federal investigation of alleged ADA violations
• Defending a government contractor in a federal False Claims Act investigation in connection with an international healthcare contract
• Defended a multi-billion-dollar company in parallel state and federal False Claims Act investigations
• Represented a private equity firm in connection with a federal healthcare fraud investigation of a portfolio company
• Represented a construction union in connection with a federal grand jury investigation
• Defended a defense contractor in connection with a federal False Claims Act investigation

Internal Investigations

• Conducted an internal investigation for a publicly traded company regarding allegations of accounting fraud and potential restatement obligations
• Conducted an internal investigation relating to a board-position candidate for a publicly traded company
• Conducted an internal investigation relating to allegations of wrongdoing by a C-suite executive
• Conducted an internal investigation for a nonprofit organization relating to allegations of a hostile work environment

SEC-Related Representations

• Represented a broker-dealer in connection with a DOJ investigation
• Represented and defended an executive in connection with testimony before the SEC relating to an SEC accounting fraud probe
• Represented a marketing firm in an SEC-related investigation
• Represented a financial advisor in connection with a DOJ insider trading investigation

Antitrust-Related Representations

• Conducted an internal investigation for a company relating to a potential no-poach anti-trust violation
• Represented and defended a public company board director in connection with a DOJ antitrust interlocking directorate investigation
• Represented a company in connection with a DOJ bid-rigging investigation
• Defended a media company in connection with a private civil action alleging collusive conduct and obtained dismissal of the case on a motion to dismiss

Individual Representations

• Representing a fund manager in connection with OFAC & DOJ sanctions-related investigations
• Representing an executive of a defense contractor in a federal illegal importation case
• Represented individuals in connection with the “Varsity Blues” college admissions case against whom no charges were brought
• Represented financial services executives in connection with federal grand jury investigations.
• Represented a compliance officer in connection with CFPB payments-related investigation
• Represented a venture capital fund executive in connection with a federal criminal case against a start-up founder
• Represented a grand jury witness in a New York State attorney general corruption probe of an elected New York public official
• Represented a witness in connection with a DOJ art fraud investigation
• Represented an executive in connection with state sexual misconduct allegations

Civil Litigation

• Representing a group of financial institutions in a Constitutional Takings Clause challenge of a New York State statute and successfully obtained a preliminary injunction on retroactive application of the statute
• Representing a $2 billion privately held transportation company in civil litigations in multiple U.S. and foreign jurisdictions relating to fraud and breach of contract claims
• Defending a publicly traded corporate client in connection with a civil case alleging breach of warranty claims
• Defended a nonprofit organization against allegations of mishandling of a sexual harassment investigation, resulting in an appellate defense verdict before the Second Circuit Court of Appeals

Representative Matters Prior to Joining Venable

• Led the prosecution and trial of a hedge fund founder and a union president in an approximately $20 million bribery scheme
• Led the prosecution and trial of a construction company and its CEO for fraud related to the more than $500 million construction of the World Trade Center Freedom Tower and Transportation Hub in New York City
• Led the prosecution of the CEO of a national ticket brokerage company for operating an approximately $70 million Ponzi scheme
• Led the prosecution of a medical doctor and two nurses for running a healthcare fraud scheme that defrauded Medicare of approximately $9 million
• Led the prosecution of an attorney for participating in a multi-million-dollar bank fraud scheme involving numerous mortgages and properties
• Led the investigation of a campaign finance fraud scheme related to the campaign of a high-level public official

Education

• J.D. magna cum laude Cornell Law School 2003
• • Editor-in-Chief, Cornell Law Review
• M.A. French Language Middlebury College 2000
• B.A. Comparative Literature Yale University 1996

Bar Admissions

• New York

Clerk Experience

• The Honorable Richard J. Cardamone U.S. Court of Appeals for the Second Circuit

Professional Memberships and Activities

• Co-Chair, Diversity & Inclusion Committee, Commercial and Federal Litigation Section, New York State Bar Association, 2020 – present
• Corruption and fraud law commentator on national television news
  
  • Legal contributor, ABC News
  • Guest on CNN, MSNBC, Bloomberg TV and Radio, and Japan TV
• Frequently speaks on regulatory and criminal law matters, including matters relating to AML, cryptocurrency, internal investigations, corruption law, and attorney-client privilege issues

• New York Law Journal, New York Trailblazers, 2019
• Lawdragon, 500 Leading Litigators in America, 2022