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Jessica Fisher

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Jessica Fisher is an associate in the Litigation Department. Jessica handles a variety of complex litigation matters for clients in a diverse range of industries in both federal and state courts, as well as before arbitration forums. She has represented corporate and individual clients in matters involving financial crimes, fiduciary duties, and the Foreign Corrupt Practices Act. Jessica has particular experience in securities litigation, white collar criminal defense, and internal and regulatory investigations.

Jessica also maintains an active pro bono practice, which includes representing indigent criminal defendants and advising clients on intellectual property issues.

On July 17, 2015, Louis Berger International, Inc., a New Jersey-based construction management company, entered into a deferred prosecution agreement (DPA) with the Department of Justice under which it agreed to pay a $17.1 million penalty for violating the Foreign Corrupt Practices Act (FCPA). In addition to the hefty penalty paid, the company agreed to implement rigorous internal controls, continue to cooperate fully with the department, and retain a compliance monitor for at least three years.

According to the DPA, from 1998 through 2010, the company paid approximately $3.9 million in bribes to officials in India, Indonesia, Vietnam, and Kuwait to win construction management contracts. The company concealed the crimes by recording them as “commitment fees,” “counterpart per diems,” “marketing fees,” and “field operation expenses.”  Company employees and agents also submitted inflated and fictitious invoices to generate cash that was then later used for the payment of bribes through intermediaries. Two former executives of the company also pleaded guilty to conspiracy and FCPA charges in connection with the scheme.

Attorney General Eric Holder and Principal Deputy Assistant Attorney General for the Criminal Division Marshall Miller have sent the message that the Department of Justice is looking to hold individuals responsible for corporate crime.

Holder, speaking at New York University, announced that the department is currently investigating the conduct of individuals at certain financial institutions and “expect[s] to bring charges in the coming months.” Holder also called on Congress to provide more robust incentives for whistleblowers under the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”), and suggested a reward commensurate with that provided under the False Claims Act (up to 30% of the sanction imposed) to induce employees to come forward with information.

SEC v. Graham, No. 13 Civ. 10011 (KLG), 2014 WL 1891418 (S.D. Fla. May 12, 2014), a recent decision by the Southern District of Florida, may be a dagger in the heart of the SEC’s long-standing position that the five year statute of limitations imposed by 28 U.S.C. § 2462 does not apply to actions that it initiates in which it is seeking equitable remedies.