ANDREW WEISSMANN, Partner Publications · Professional Activities New York Office Office: (212) 891-1650 Fax: (212) 891-1699 Email: aweissmann@jenner.com  Add to Outlook Contacts

Andrew Weissmann is Co-Chair of the White Collar Defense and Investigations Practice, where he is joined by eighteen former federal prosecutors and SEC attorneys.  Mr. Weissmann is a member of the Firm’s Management Committee.

Mr. Weissmann is a nationally-recognized white collar litigator.  In 2009, he won the largest FINRA arbitration award in history arising from the failure of the auction rate security market.  That victory has been heralded in the press as particularly unusual in a forum that is viewed as both inhospitable to claimants and prone to “splitting the difference.”  He has represented U.S. and foreign corporations and executives in connection with criminal and civil investigations and lawsuits, including representation before the Department of Justice, the Securities and Exchange Commission, arbitrations, and state and local authorities.  Mr. Weissmann was also appointed by two federal courts to monitor as a Special Master gun dealers that had been sued by the City of New York as part of its effort to curtail the flow of illegal firearms into the City.

Mr. Weissmann joined Jenner & Block after serving as the Director of the Enron Task Force, the Chief of the Criminal Division of the United States Attorney’s Office for the Eastern District of New York, and the Special Counsel to the Director of the Federal Bureau of Investigation.  As Enron Task Force Director, Mr. Weissmann oversaw the prosecution of more than 30 individuals in connection with the company’s collapse, including the indictments of Kenneth Lay, Jeffrey Skilling, and Andrew Fastow.

Previously, Mr. Weissmann served as Chief of the Criminal Division in the U.S. Attorney’s Office for the Eastern District of New York where he supervised over 110 prosecutors.  Mr. Weissmann oversaw a wide array of white collar crime investigations involving, among others, securities, FCPA, health care, environmental, computer crime and tax fraud.  In addition, Mr. Weissmann personally prosecuted dozens of corrupt brokers and short sellers for stock market manipulation.

An experienced jury trial lawyer, Mr. Weissmann successfully tried more than 25 cases, including major racketeering prosecutions.  Those included the successful prosecution of the boss of the Genovese Crime Family, Vincent Gigante, who had feigned mental illness for years, as well as scores of leaders and members of the Gambino and Colombo families.  Mr. Weissmann was also selected by the Director of the Federal Bureau of Investigation to be his Special Counsel, where he worked on a variety of confidential national security matters.

Mr. Weissmann has written and lectured widely on compliance and other white collar matters, speaking in the U.S. and overseas to private and public companies, boards of directors, professional associations, conferences and law schools.  Mr. Weissmann took a leadership role in originating, writing, and editing The Ethics and Compliance Handbook: A Practical Guide for Leading Organizations, a first-of-its-kind resource published by the Ethics and Compliance Officer Association which aims to create an industry-wide standard for ethics and compliance programs.  He has also been an adjunct professor of law and clinical professor at Fordham Law School and Brooklyn Law School.  In 2007 he was named one of the 100 Most Influential People in Business Ethics by Ethisphere magazine.  He also is a member of the board of Manhattan Legal Services.

Mr. Weissmann graduated from Columbia Law School, where he was a Harlan Fiske Stone Scholar, received the Negroni Award, and was on the Managing Board of the Columbia Law Review.  Mr. Weissmann earned his bachelor of arts degree from Princeton University.  He also attended graduate school on a Fulbright Fellowship at the University of Geneva.  Mr. Weissmann is admitted to the Bars of the U.S. Supreme Court, the U.S. Court of Appeals for the Second Circuit, and the U.S. District Courts of the Eastern District and the Southern District of New York.

Congressional Testimony:

• Wall Street and Fiduciary Duties: Can Jail Time Serve as an Adequate Deterrent for Willful Violations? Written and Oral Testimony, United States Senate Committee on the Judiciary, Subcommittee on Crime and Drugs (May 4, 2010)
  
  
• Prosecutorial Authority to “Preserve Assets” for Restitution, Written and Oral Testimony, United States House Judiciary Committee’s Subcommittee on Crime, Terrorism, and Homeland Security (April 3, 2008)
  
  
• Examining Approaches to Corporate Fraud Prosecutions and the Attorney-Client Privilege Under the McNulty Memorandum, Written and Oral Testimony, United States Senate Committee on the Judiciary (September 18, 2007)
  
  
• The McNulty Memo’s Effect on the Right to Counsel in Corporate Investigations, Written and Oral Testimony, United States House of Representatives Subcommittee on Crime, Terrorism, & Homeland Security of the Committee of the Judiciary (March 8, 2007)
  
  
• The Thompson Memorandum’s Effect on the Right to Counsel in Corporate Investigations, Written and Oral Testimony, United States Senate Committee on the Judiciary (September 12, 2006)
  

Representative Speaking Engagements:

• Sponsoring Partner Forum, Ethics and Compliance Officer Association, Orlando, Florida (May 5-7, 2010)
  
  
• 9th Annual Legal Reform Summit, U.S. Chamber Institute for Legal Reform, Washington, DC (October 29, 2008)
  
  
• Keynote Speech at the Conseil Constitutionnel, Global Council for Business Ethics and Aspen Institute–France, Paris, France (October 23, 2008)
  
  
• Conference on Cross Border Investigations, Cercle Montesquieu, Paris, France (October 22, 2008)
  
  
• The Second Annual Capital Markets Summit: Strengthening U.S. Capital Markets for All Americans, U.S. Chamber of Commerce Center for Capital Markets Competitiveness, Washington, DC (March 26, 2008)
  
  
• The Lengthening Arm of Criminal Law: Criminalization of Corporate Conduct, The Chatham House City Series, London, England (November 30, 2007)
  
  
• Legal Reform Solutions Summit, Civil Justice Reform Group, Chicago (July 17, 2007)
  
  
• Securities Law Symposium, Bloomberg, CLE Institute, New York County Lawyers’ Association, New York (June 29, 2007)
  
  
• SuperConference 2007, The Changing Privilege Landscape, InsideCounsel, Chicago (May 15, 2007)
  
  
• Sponsoring Partner Forum, Ethics and Compliance Officers Association, Weston, Florida (April 18, 2007)
  
  
• 11th Annual Corporate Counsel Institute, GeorgetownCLE, Washington, DC (March 8-9, 2007)
  
  
• Enron: The Lay/Skilling Trial – A Case Study, Edward Bennett Williams Inn of the American Inns of Court Pupilage Group, Washington, DC (November 16, 2006)
  
  
• Corporate Fitness for Crisis, PricewaterhouseCoopers and the University of Delaware Directors’ College, Newark (November 15-17, 2006)
  
  
• Conducting Forensic Investigations Conference, American Conference Institute, New York (December 5-6, 2006)
  
  
• Seventh Annual Fall Bench & Bar Retreat, The Federal Bar Council, Lenox (October 27-29, 2006)
  
  
• The Future of the Thompson Memorandum, New York City Bar Association, New York (October 16, 2006)
  
  
• Lecture and Seminar With Law and Government Students Regarding Criminal Prosecutions, Harvard Law School & Kennedy School of Government, Cambridge (October 12, 2006)
  
  
• Federal Prosecution of Corporations: The Effect of U.S. v. Stein on DOJ and SEC Policies, Ethics & Compliance Officer Association, New York (August 9, 2006)
  
  
• What the Government Expects From Ethics and Compliance Programs, Ethics and Compliance Officer Association, Washington, DC, (December 13, 2005)
  
  
• 19th Annual National Institute on White Collar Crime 2005, American Bar Association Conference, Las Vegas (March 2-4, 2005)
  
  
• Obstruction of Justice and White Collar Prosecutions, American Society of Corporate Secretaries, Salt Lake City (June 3, 2003)
  
  
• Lessons from the Arthur Andersen Case, National Association of Securities Dealers National Meeting, Washington DC (October 2, 2002)
  

Publications:

• Co-Author, “Do You Have the Right D&O Coverage” Insurance Law360, February 17, 2010
  
  
• “Nonprosecution Agreements: They are useful devices,” The National Law Journal, May 5, 2008
  
  
• Client Advisory: H.R. 4110 - Proposed Increases in Prosecutorial Authority to Restrain Assets Pre- and Post-Indictment, April 4, 2008
  
  
• Prosecutorial Authority to “Preserve Assets” for Restitution, Written and Oral Testimony, United States House Judiciary Committee’s Subcommittee on Crime, Terrorism, and Homeland Security, April 3, 2008
  
  
• “A Smear By Any Other Name,” Legal Times, Vol. XXX, No. 47, November 19, 2007
  
  
• Client Alert: Managing Risks Arising From the Credit Crisis, November 15, 2007
  
  
• “‘Brady’: Second Circuit Upends Prosecutorial Practice,” New York Law Journal, November 6, 2007
  
  
• “Fighting governmental efforts to limit defense access to evidence,” Midwest In-House, October 2007
  
  
• “A New Approach to Corporate Criminal Liability,” 44 Am. Cri. L. Rev. 1319, Fall 2007
  
  
• “Examining the Current Corporate Charging Policies of the Justice Department,” Privacy & Data Security Law Journal, September 2007
  
  
• Examining Approaches to Corporate Fraud Prosecutions and the Attorney-Client Privilege Under the McNulty Memorandum, Written and Oral Testimony, United States Senate Committee on the Judiciary, September 18, 2007
  
  
• Client Advisory: District Court Dismisses Charges Against 13 Former KPMG Employees, 07/23/2007
  
  
• “Rethinking Criminal Corporate Liability,” Indiana Law Journal, Vol. 82, No. 2, Spring 2007
  
  
• “White-Collar Defendants and White-Collar Crimes,” 116 The Yale Law Journal Pocket Part 286, (2007)
  
  
• Client Advisory: Second Circuit Rejects Ancillary Jurisdiction in Fee Indemnification Claim Against KPMG, June 5, 2007
  
  
• The McNulty Memo’s Effect on the Right to Counsel in Corporate Investigations, Written and Oral Testimony, United States House of Representatives Subcommittee on Crime, Terrorism, & Homeland Security of the Committee of the Judiciary, March 8, 2007
  
  
• “The McNulty Memorandum,” The National Law Journal, February 5, 2007
  
  
• “Thompson Gunners: DOJ vs. The Senate Judiciary Committee – The New Rules On How To Indict Corporations,” The Deal, January 29, 2007
  
  
• Client Advisory: DOJ Replaces Thompson Memorandum with McNulty Memorandum, December 15, 2006
  
  
• Client Advisory: Congressional Scrutiny of the Thompson Memo, October 2006
  
  
• “Perspectives on Compliance Programs: The Enron Verdict” Law Journal Newsletters – The Corporate Compliance & Regulatory Newsletter, Vol. 4, No. 1, October 2006
  
  
• The Thompson Memorandum’s Effect on the Right to Counsel in Corporate Investigations, Written and Oral Testimony, United States Senate Committee on the Judiciary, September 12, 2006
  
  
• “No Choice: It’s Time to Reverse The DOJ’s ‘Principles of Federal Prosecution of Business Organizations’,” The Deal, August 7, 2006
  
  
• Client Advisory: United States v. Stein, July 28, 2006
  
  
• Client Advisory: District Court Rules the Government’s Use of the Threat of Corporate Indictment Was Unconstitutional, July 2006
  
  
• “Obstruction for Data Destruction After ‘Andersen,’” New York Law Journal, Vol. 235, No. 110, June 8, 2006
  
  
• “Think of the Corporate Office As a Potential Crime Scene?” New York Law Journal, May 30, 2006
  
  
• “Sexual Equality Under the Pregnancy Discrimination Act,” Columbia Law Review, 83 Col. L. Rev. 690, (1983)