Search for:

John Cunningham

John Cunningham is a partner of Baker McKenzie’s North America Litigation & Government Enforcement Practice Group. Previously, he was a senior trial attorney with the US Department of Justice, where he investigated and prosecuted criminal and employment law matters. Before his tenure with the Justice Department, he practiced white collar criminal defense at a firm in Washington, DC, focusing on money laundering, counterfeiting, espionage, and asset forfeiture cases. He also served as a law clerk to the Honorable Gerald B. Lee in the Eastern District of Virginia and worked as an investigative analyst for the criminal division of the FBI. With the FBI, he prepared fraud, money laundering, and forfeiture matters for consideration by the Department of Justice and received formal commendations from the FBI, Justice Department, and IRS. He was editor-in-chief of the University of Richmond Law Review.

Prosecutors and regulatory agencies in the U.S. and elsewhere have long set expectations that, in order to maximize the prospect of receiving full cooperation credit (including any associated reduction in monetary penalties), the voluntary disclosure of corporate and/or individual wrongdoing must be made timely, genuinely, and in good faith. Several…

Although the Financial Crimes Enforcement Network (“FinCEN”) is often perceived as the aggregator of Suspicious Activity Reports (“SARs”) and other federally-mandated financial forms and reports, its actual activities extend well beyond the information-gathering role suggested by its designation as a “Network.” FinCEN, in fact, makes proactive use of its regulatory…