Kan M. Nawaday

Nawaday Kan

Kan Nawaday is a corporate investigations and criminal defense attorney. A trial attorney by trade, Kan is a former Southern District of New York federal criminal prosecutor who defends corporate and individual clients facing criminal and civil actions. He has tried 15 federal jury trials and has led more than 100 federal criminal prosecutions and investigations. Kan also maintains a robust civil litigation docket, representing clients in affirmative and defensive cases in matters ranging from contractual disputes to antitrust matters.

National television and news outlets often call upon Kan as a legal commentator. He is a legal contributor for ABC News and has appeared on CNN, MSNBC, Bloomberg TV and Radio, and Japan TV. Kan has conducted numerous sensitive internal investigations and has defended and advised clients in cases involving financial and accounting fraud, OFAC and BSA/AML matters, insider trading and securities law violations, public corruption, campaign finance fraud, art fraud, healthcare fraud, sexual assault and harassment, the False Claims Act, criminal antitrust violations, the Foreign Corrupt Practices Act (FCPA), and criminal asset forfeiture.


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




  • 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