Roscoe C. Howard, Jr.

Government Investigations & White-Collar Crime

• Advising an international farm manufacturing company charged with violating FCPA and the Oil for Food Program instituted for the country of Iraq.
• Advising International trade company on the propriety of providing gifts to potential clients In China under the FCPA.
• Represented a U.S. citizen government contractor for a Lebanese construction company who was charged with bribing a U.S. Army official.
• Represented a government contract company in a qui tam action brought by the U.S. Government involving the Small Business Association 8(a) program for small and disadvantaged businesses.
• Represented a chemical manufacturing company in litigation involving the Environmental Protection Agency's system of allowances for producing certain chemicals used as refrigerants and usage of those chemicals.
• Represented the CEO of a New York Lighting Company in a criminal case charging bank fraud in the Eastern District of New York.
• Represented a Division I lacrosse coach during a state criminal investigation of a student athlete in the school's lacrosse program.
• Represented the former Budget Director for the Bureau of Alcohol, Tobacco and Firearms in an Inspector General's criminal investigation of travel vouchers.
• Represented a wood importer in a criminal investigation by the Department of Justice's Division of the Environmental and Natural Resources in a Lacey Act allegation involving the importation of wood from Madagascar.
• Represented an attorney in an FDIC and District of Columbia Bar investigation into a response to a Congressional subpoena for bank documents handled by a contract attorney firm.
• Represented an oil company executive in the Securities and Exchange Commission investigation into alleged Foreign Corrupt Practices Act (FCPA) violations and other alleged improper payments in Nigeria.
• Conducted counseling for an international energy company regarding the Foreign Corrupt Practices Act (FCPA) and designed their FCPA compliance program.
• Represented a Transportation Security Administration attorney in a contempt proceeding in the Eastern District of Virginia involving a terrorism prosecution by the Department of Justice.
• Conducted an Internal investigation for the Seneca Nation of Indians in New York State Involving the handling of contracts for the construction of their casino In Niagara Falls.
• Represented an engineer for a Fortune 500 Company's Design Division in the International Traffic in Arms Regulation investigation by the U.S. Attorney's Office for the Western District of Virginia into the sharing of classified arms designs with Southeast Asian governments.
• Represented the former General Counsel of a quasi-public city utility in an investigation by the Environment and Natural Resources Division of the Justice Department into the filing of allegedly false and fraudulent reports with the Environmental Protection Agency.
• Represented a member of the Special Inspector General for Iraq Reconstruction in an investigation by the President's Council on Integrity and Efficiency on conflict of interest allegations.
• Represented the Chief-of-Staff for a United States Congressman in an investigation involving alleged conflict of Interest, bribery and election fraud.
• Represented the lobbying group of one of the nation's largest utilities in the grand jury investigation of "influence peddling" by convicted lobbyist Jack Abramoff.

Antitrust Litigation

• Represented a Pacific Rim airline in a class action suit in U.S. District Court for the Eastern District of New York alleging price fixing among airlines worldwide in air cargo shipping.
• Represented a Pacific Rim airline in two antitrust criminal investigations alleging price fixing. Both investigations ended after years of investigation with the Department of Justice electing to take no action.
• Represented the head of Sea Freight operations for a German Freight Forwarder in a criminal antitrust investigation by the Department of Justice. The investigation ended without charges being brought.
• Represented the head of Air Freight for an International Freight Forwarder under criminal investigation by the Justice Department’s Antitrust Division for alleged price fixing involving freight out of the Pacific Rim. The investigation concluded without charges.

Complex Litigation, Corporate Compliance & Ethics

• Advising international trade company on the propriety of providing gifts to potential clients in China under the Foreign Corrupt Practices Act.
• Represented an attorney in an FDIC investigation and District of Columbia Bar complaint into a document response to a Congressional subpoena for bank documents handled by a contract attorney firm.
• Served as lead counsel in an ERISA arbitration, representing a Michigan Trucking Company against a Union Pension Fund, over the assessment of withdrawal liability by the Fund. The arbitration was held in the District of Columbia by agreement of the parties, but originated in the Northern District of Illinois.
• Represented a satellite company in litigation against a government contracts company in civil litigation over breach of contract in the U.S. District Court for the District of Maryland.
• Conducted an internal investigation for the Seneca Nation of Indians in New York State involving the handling of contracts for the construction of their casino in Niagara Falls.
• Represented the former General Counsel of a quasi-public city utility in an investigation by the Environment and Natural Resources Division of the Justice Department into the filing of allegedly false and fraudulent reports with the Environmental Protection Agency.
• Represented a member of the Special Inspector General for Iraq Reconstruction in an investigation by the President’s Council on Integrity and Efficiency on conflict of interest allegations.
• Represented an attorney from the Department of Treasury in an investigation by the Inspector General into conflicts of interest allegations.
• Represented the owner of a Picasso painting accused of purchasing it as the art work stolen during war time occupation. The matter was the subject of litigation in the U.S. District Courts for the Central District of California and the Northern District of Illinois.
• Serves as Counsel to the Board of Directors of the world’s seventh largest charity. Handled RICO law suit on behalf of the charity involving the fraudulent taking and sale of $50 million worth of donated goods meant for Hurricane Katrina relief.

*These matters occurred prior to joining Barnes & Thornburg.

• Panelist, Career Development Forum: Speak Up And Shine As A Panelist Or Moderator, Association of Corporate Counsel (February 23, 2017)
• Presenter, What To Do When The Government Comes Knocking, Fashion Institute Association Webinar (October 19, 2016)
• Panelist, Minimize Litigation Risk With the Government So In-House Counsel Can Sleep at Night, Association of Corporate Counsel National Capital Region Government Contractors Forum (July 14, 2016)
• Panelist, Government Contractors Forum: Preparing For The Unexpected – Ten Tips to Prepare In-House Government Contracts Counsel for Government Investigators’ Unannounced Knock on the Corporate Door, Associate of Corporate Counsel Webinar (July 14, 2016) Panelist, 2015 Workshop for Judges of the Fourth Circuit, Sports Law, with E. Gordon Gee, President, West Virginia University and Kenneth Wainstein, Greenville, SC (June 9, 2015).
• Panelist, Defending Prosecutorial Gamesmanship, NACDL Conference, Washington, DC (November 6, 2014).
• Panelist, 23rd Annual Seminar on the Federal Sentencing Guidelines, Fraud/Theft Offenses I, Moderator, Joe Mancano of Cedrone & Mancano, LLC with Morris “Sandy” Weinberg, Jr. of Zuckerman Spaeder LLP and Stephen R. Edwards, Senior United States Probation Officer, Middle District of Florida, St. Petersburg, FL (June 12, 2014).
• Speaker, Brown Football Association, Career Summit, Providence, RI (February 22, 2014).
• Panelist, The Stream, Al Jazeera America, Lisa Fletcher, Host, Monis Khan, Producer, with Molly Gill, Government Affairs Counsel for Families Against Mandatory Minimums, Harvey Silverglate, Attorney and author of “Three Felonies a Day”, Rep. Karen Bass, U.S. Congresswoman, Member Over-Criminalization Task Force in the House of Representatives, Live cable network broadcast on over-criminalization of federal regulations that don’t contain a criminal intent requirement, Washington, DC (January 31, 2014).
• Speaker, The Overcriminalization of Corporate Conduct: Recent Developments, Cases and Advice on How to Avoid Criminal Liability, with Leasa W. Anderson, Webinar hosted by West LegalEd Center, Washington, DC (August 28, 2013).
• Panelist, 115th Annual Meeting of the North Carolina Bar, Big-Time University Athletics: The Changing Landscape, with Judge Robert Conrad, Moderator, The Honorable Robert Orr, Poyner Spruill, Tom Ross, President University of North Carolina, Todd Turner, Founder and President of Collegiate Sports Associates and Charles Clotfelter, the Z. Smith Reynolds Professor of Public Policy Studies and Professor of Economics and Law at Duke University, Asheville, NC (June 22, 2013).
• Speaker, The Overcriminalization of Corporate Conduct: Recent Developments, Cases and Advice on How to Avoid Criminal Liability, with Leasa W. Anderson, Andrews Kurth LLP (June 17, 2013).
• Moderator, Twenty-Second Annual National Seminar on the Federal Sentencing Guidelines, Tampa Bay Chapter of the Federal Bar Association, National Association of Criminal Defense Lawyers and the Criminal Justice Section of the American Bar Association, Fraud/Theft Offenses I, Orlando, FL (May 22, 2013).
• Speaker, West LegalEd Webcast, Investigating False Reporting and Manipulation of West Coast Oil and Gas Markets, with Leasa W. Anderson, Thomson Reuters, Washington, DC (February 26, 2013).
• Panelist, DRI Corporate Counsel Roundtable, Criminalization of Corporate Conduct, New York, NY (January 24, 2013).
• Panelist, Association of American Law Schools' Global Engagement and the Legal Academy 2013 Annual Meeting, The Concussion Crisis in American Sports, New Orleans, LA (January 6, 2013).
• Panelist, 2012 Southern Conference of Bar Presidents, Big Time University Athletics: The Changing Landscape, Asheville, NC (October 13, 2012).
• Panel Member, Speedy Trials & White Collar Defense: Issues, Concerns, and Potential Pitfalls, ABA Young White Collar Lawyers Committee, Brown Rudnik, Washington, DC (July 24, 2012).
• Speaker, West LegalEd Webcast, Prosecutorial Ethics and the Anthony Graves Case, Thomson Reuters, Washington, DC (July 23, 2012).
• Panelist, Perspectives on Prosecutorial Discretion and Conduct, George Mason Judicial Symposium on The Law & Economics of Crime & Punishment, George Mason University, Fairfax, Virginia (April 21, 2012).
• Panelist, Individual Criminal Liability or Corporate Criminal Liability?, George Mason Judicial Symposium on The Law & Economics of Crime & Punishment, George Mason University, Fairfax, Virginia (April 20, 2012).
• Panelist, Amateurism and the Student Athlete, University of Virginia, Charlottesville, VA (March 16, 2012).
• Panel Member, Careers in Criminal Justice, ABA Criminal Justice Section, George Washington University Law School, Washington, DC (October 27, 2011).
• Panel Member, The Perfect Storm: Managing Investigations, Compliance and Audits in Today’s Tough Market, LexisNexis Counsel to Counsel Forum, New York, NY (September 27, 2011).
• Panel Member, The Transition of a Generation: How Your Organization Can Successfully Navigate the Exodus of Baby Boomers, Minority Corporation Counsel Association 2011 Creating Pathways to Diversity, New York, NY (September 26, 2011).
• Speaker, Keeping Your Nose Clean Avoiding Criminal Liability As In-House Counsel, Texas Bar CLE, 10th Annual In-House Counsel Course, Houston, TX (July 27, 2011).
• Panel Member, Your Constitutional Rights Under the 6th Amendment: Speedy Trial, Jury Trial, Confrontation, College of William & Mary, Williamsburg, VA (March 23, 2011).
• Panel Member, ACA 2011 Compliance Conference, Books & Records, Orlando, FL (March 3, 2011).
• Panel Member, Updating Messages and Methods: How Should We Teach Criminal Law in the 21st Century?, ABA Third Annual Sentencing & Reentry Institute and Criminal Justice Legal Educators Colloquium, Washington, DC (November 5, 2010).
• Panel Member, Allocating Prosecutorial Power: How Prosecutors Compete, Cooperate and Clash, Centralization and Cooperation: Is Strong Central Authority Necessary or Effective? with Sara Sun Beale, Elkan Abramowitz, Michael A. Battle, Joan E. Meyer and Daniel C. Richman, Second Annual Conference, Center on the Administration of Criminal Law at New York University School of Law, New York, NY (April 23, 2010).
• Commentator, Patching the System: The Next Steps in Reform, Broke and Broken: Can We Fix Our State Indigent Defense Systems?, 2010 Missouri Law Review Symposium, University of Missouri School of Law, Columbia, MO (February 26, 2010).
• Panel Member, Orange Jumpsuits Aren’t Flattering: The Expanding Threat of Criminal Liability for Lawyers,” with Mark P. Rankin, Aon Global, Large Law Firm Symposium, San Francisco, CA (October 15, 2009).
• Speaker, Whether Fraud is Criminal or Civil is a Matter of Perception, Rhode Island Fall Judicial Conference, Providence, RI (September 25, 2009).
• Panel Member, Practical Ethics in the Workplace: Representation, Conflicts and the Privilege, with Spencer Overton, Dolores Dorsainvil and Hannibal Kemerer, Maryland State Bar Association, Young Lawyers Section (April 22, 2009).
• Speaker, Whether Fraud is Criminal or Civil is a Matter of Perception, Criminalization of Corporate Conduct, Northwestern University School of Law Judicial Symposium, Chicago, Illinois (April 20, 2009).
• Panel Member, Responding to Government Inquiries, Establishing an Effective Compliance and Ethics Program, with Ron Minkoff, Steve Kimmelman, Anjali Chaturvedi, Association of Corporate Counsel 2009 Compliance Seminar, New York, New York (April 14, 2009).
• Panel Member, Pros & Cons of Intellectual Property Case Development, Intellectual Property Rights Enforcement, with the Honorable Ronald S.W. Lew, Mark N. Mutterperl and Andrea M. Sharrin, American Bar Association, 23rd Annual National Institute on White Collar Crime, San Francisco, CA (March 5, 2009).
• Panel Member, Pros & Cons of Intellectual Property Case Development, Intellectual Property Rights Enforcement, with the Honorable Ronald S.W. Lew, Mark N. Mutterperl and Andrea M. Sharrin, American Bar Association, 23rd Annual National Institute on White Collar Crime, San Francisco, CA (March 5, 2009).
• Speaker, Sarbanes-Oxley & Corporate Compliance, How to Survive a SOX Whistleblower Complaint, with Tanya Axenson Macallair and Dean A. Manson, Association of Corporate Counsel 2008 Annual Meeting, Seattle, WA (October 22, 2008).
• Speaker, Best Practices: Working with the Government in IP Criminal Cases, American Bar Association Second Annual National Institute on Criminal Enforcement of Intellectual Property Rights, San Francisco, CA (September 26, 2008).
• Speaker, Impact of the Foreign Corrupt Practices Act (FCPA) on the Sale and Marketing of Drugs, ACI 8th National Forum on Fraud and Abuse in the Sale and Marketing of Drugs, New York, NY (April 8, 2008).
• Speaker, Foreign Corrupt Practices Act (FCPA) - DOJ & SEC Focus on China, Atlas Legal, Fifth Annual Summit on Legal, Tax and Financial Strategies for Doing Business in China, New York, NY (December 13, 2007).
• Speaker, Internal Investigations and Government Investigations: A Former Senior Federal Prosecutor's Perspective, Southern Nuclear Operating Company Management Council Meeting, Lake Oconee, Georgia (November 9, 2007).
• Speaker, Complex Commercial Litigation – Smart Strategies for Hard Cases, Responding to Government Investigations of Corporate Organizations, Defense Research Institute, Phoenix, AZ (November 1, 2007).
• Speaker, Foreign Corrupt Practices Act: Enforcement Issues for Pharmaceutical, Diagnostic and Medical Device Companies, Abbott Laboratories 2007 Commercial Litigation Day, Chicago, Illinois (October 18, 2007).
• Panel Moderator, American Bar Association Inaugural National Institute on Criminal Enforcement of Intellectual Property Rights, Washington, D.C. (October 12, 2007).
• Speaker, Preparing for Government Investigations, Association of Corporate Counsel, Georgia Chapter, Atlanta, Georgia (October 9, 2007).
• Panel Member, To Waiver or Not to Waive: A Word From Counsel Who Has Been On Both Sides, International Association of Defense Counsel, Bermuda (July 11, 2007).
• Panel Member, DOJ Corporate Crime Policies: Will the “McNulty Memo” Adequately Protect Civil Liberties?, Washington Legal Foundation Media Nosh, Webcast, Washington, D.C. (January 17, 2007).
• Speaker, Practical Strategies for Responding to Regulators: Why Cooperation is Key to Concurrent Criminal and Civil Proceedings, Kansas Association of Defense Counsel, Kansas City, Kansas (December 2, 2006).
• Keynote Speaker, Convicted, Executed, But Not Guilty? Examining the Risks of Wrongful Executions and the Role of Prosecutors, Defense Attorneys, Academia, and the Press, Sixth Annual Access to Equal Justice Conference, Washington University in St. Louis School of Law, St. Louis, Missouri (November 17, 2006).
• Panel Member, When Communicating is a Crime, Media Law Conference: Protecting the First Amendment, sponsored by Media Law Resource Center, National Association of Broadcasters, Newspaper Association of America, Alexandria, Virginia (September 29, 2006).
  Dinner Speaker, 15th Anniversary Celebration, Canada-U.S. Fulbright Program, Ottawa, Canada (September 27, 2005).
• Lecturer, Adjudicating Criminal Procedure, George Washington University Law School (September 9, 2005).
• Speaker, The Continuing Evolution of Sentencing, National Association of Sentencing Commissions 2005 Conference, Washington, DC (August 8, 2005).
• Panel Member, Federal Sentencing: It's Time for a Second Look, Congressional Black Caucus' 34th Annual Legislative Conference, convened by Representative Robert Scott (D-Va.), Washington, D.C. (September 10, 2004).
• Panel Member, Federal Sentencing in Flux: The Impact of Blakely on White Collar Criminal Enforcement, Washington Legal Foundation Media Nosh, CNN Broadcast, Washington, D.C. (August 4, 2004).
• Panel Member, Securing Our Future - Balancing Homeland Security with Corporate Prosperity, CXO Executive Policy Forum 4, CXO Media Inc., Washington, D.C. (January 12, 2004).
• Panel Member, Trial Teams of the 21st Century, Defense Research Institute 2003 Annual Meeting, Washington, D.C. (October 17, 2003).
  Witness, Identification Document Fraud and Implications for Homeland Security, Testimony before the Select Committee on Homeland Security, United States House of Representatives, Washington, D.C. (October 1, 2003).
• Panel Member, The Fight Against Terrorism: A Global Effort, 8th Annual Conference and Meeting of the International Association of Prosecutors, Washington, D.C. (August 11, 2003).
• Panel Member, A Critical Analysis of the Patriot Act, National Bar Association’s 78th Annual Convention, New Orleans, Louisiana (August 6, 2003).
• Panel Member, A View from the Frontlines of the Criminal Justice System, District of Columbia Bar, Criminal Law and Individual Rights Section, Washington, D.C. (July 17, 2003).
• Speaker, 2003 Judicial Conference, Patriot Act I and II, U.S. Court of Appeals for the Armed Forces, Catholic University of America, Columbus College of Law, Washington, D.C. (May 14, 2003).
• Panel Member, Prosecuting White Collar Crime, The College of William & Mary Bill of Rights Institute, The Marshall-Wythe School of Law, Williamsburg, Virginia (March 21, 2003).
• Keynote Speaker, Prosecuting Cybercrime, United States Secret Service Electronic Crimes Task Force, Washington, D.C. (February 11, 2003).
• Lead Panel Member, Nationally Broadcast Symposium on Laws for Narcotics Control in Thailand, Lower House of the Thai Parliament, Bangkok, Thailand (October 11, 2002).
• Panel Member, Ethical Considerations in Corporate Fraud Investigations, before the Corporate Fraud Task Force, Washington, D.C. (September 27, 2002).
• Panel Member, Media and the Courts: Catch 22, American Judicature Society and The Donald W. Reynolds National Center for the Courts and Media, Washington, D.C. (August 10, 2002).
• Panel Member, Federal Enforcement 2002, American Bar Association, Section of Litigation, Washington, D.C. (August 9, 2002).
• Panel Member, A View from the Frontlines of the Criminal Justice System, District of Columbia Bar, Criminal Law and Individual Rights Section, Washington, D.C. (July 16, 2002).
• Speaker, Management of the Prosecutorial Function: Personnel Resources Management, U.S. Department of Justice, Criminal Division, Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT), Bangkok and Chiangmai, Thailand (May 31, 2002 - June 9, 2002).
• Witness, Federal Cocaine Sentencing Policy, Testimony before the Subcommittee on Crime and Drugs Committee on the Judiciary, United States Senate, Washington D.C. (May 22, 2002).
  
  *These occurred prior to joining Barnes & Thornburg.