Tom Firestone is the co-chair of the firm’s White Collar & Internal Investigations practice and a member of the firm’s National Security/CFIUS/Compliance Practice Group. He specializes in complex transnational investigations and international risk management and represents companies and individuals before the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Office of Foreign Assets Control (OFAC) of the Department of Treasury and other U.S. agencies. His matters often involve the Foreign Corrupt Practices Act (FCPA), the International Emergency Economic Powers Act (IEEPA) and other sanctions laws, the Bank Secrecy Act (BSA) and other anti-money laundering laws, the Foreign Agents Registration Act (FARA), and other federal criminal statutes related to business crime and national security. He regularly advises clients on the Russia/Ukraine crisis including helping them with issues related to sanctions compliance, obtaining OFAC licenses, and the risks of doing business in Russia. He has also represented individuals in proceedings before Interpol and the European Court of Human Rights (ECHR). He also regularly advises foreign governments on issues relating to anti-corruption and the rule of law. He also advises clients on risk and compliance in the cannabis industry.
Tom previously worked as an Assistant U.S. Attorney in the Eastern District of New York, where he specialized in the investigation and prosecution of transnational organized crime. While with the Department of Justice, he also served as the Resident Legal Advisor and Acting Chief of the Law Enforcement Section at the U.S. Embassy in Moscow and twice won the U.S. State Department Superior Honor Award. He has testified as an expert before the U.S. Senate Judiciary Committee and the UK House of Lords and is recognized by Best Lawyers in America in the area of white collar criminal defense. He is fluent in Russian and reads Polish and Bulgarian.
Tom frequently comments on matters related to white collar crime and compliance. He also hosts The New Cold War: Risk, Sanctions, Compliance, a podcast explaining the convergence of national security and law enforcement through conversations with leading experts from the worlds of business, politics, journalism and academia. He has published and lectured extensively on the Russia/Ukraine crisis and anti-kleptocracy.
Representative Matters
- Served as Global Compliance Counsel to major international company under monitorship pursuant to DOJ/SEC settlement for FCPA violations
- Conducted internal investigations and risk assessments for U.S. and European companies in various countries including, Azerbaijan, Bulgaria, China, Kazakhstan, Korea, Kyrgyzstan, Nigeria, Pakistan, Paraguay, Russia, Ukraine and Uzbekistan, and represented companies before the DOJ and SEC in connection with many of these matters
- Negotiated $65 million plea agreement on behalf of large Asian engineering company in connection with fraud in U.S. Department of Defense contract
- Led major investigation for U.S. pharmaceutical company into possible improper payments to healthcare professionals
- Represented an FBI agent in the Durham investigation into the origins of the Trump-Russia investigation
- Represented a former U.S. Ambassador in espionage investigation conducted by the DOJ National Security Division
- Represented New York hedge fund before OFAC in connection with receipt of large investment from sanctioned Russian oligarch
- Represented Bulgarian oligarch and family members in Interpol proceedings
- Served as advisor to a former prime minister of an East European country in the largest corruption case in the country’s history
- Obtained a declination from DOJ National Security Division in FARA case involving prominent U.S. academic
- Advised the governments of Romania and Ukraine on anti-corruption reforms
- Assisted in defense of American-born businessman prosecuted in Russia for fraud on a state-owned bank
- Drafted and filed application in European Court of Human Rights on behalf of European businessman charged with fraudulent bankruptcy
- Served as U.S. support lawyer for a European monitor in connection with a Deferred Prosecution Agreement with the DOJ
- Served as lead U.S. prosecutor in the extradition of a Russian government official facing charges for money laundering
- Prosecuted a 30-defendant Eastern European organized crime case
- Prosecuted a 17-defendant Russian organized crime case
- Prosecuted a racketeering case involving a $1 billion fraud in the audiotext and internet pornography industries perpetrated by a well-known organized crime family
- Worked with Russian parliament and presidential administration to draft new laws on human trafficking and cooperating witnesses; provided law enforcement technical assistance in other former Soviet countries including, Ukraine, Kazakhstan, Moldova and Latvia
Honors & Awards
- Best Lawyers in America: White Collar Criminal Defense, 2022
- Superior Honor Award, U.S. Department of State, 2010 and 2004
- Special Award for Advancing U.S.-Russian Cooperation in Antitrust Enforcement, presented by Russian Federal Anti-Monopoly Service, 2010
- Best Professor Award, Pericles American Business Law Education Project, Moscow, awarded for class on “Corporate and White Collar Crime,” 2009-2010
- American Bar Association Section of International Law Award for Best Stand-Alone Program, “Resolution of Russia-Related Business Disputes: The Next Wave,” 2009
- Outstanding Performance Award, U.S. Department of Justice, 2009 and 2008
- Award for Advancing U.S.-Russian Cooperation, Moscow Oblast Advocates Chamber, 2008
Memberships
- Member, Council of Foreign Relations
- Director and Chair for Nomination and Governance, U.S.-Russia Foundation
- Director, Center for European Policy Analysis
- Board Member, America-Uzbekistan Chamber of Commerce
Speeches & Events
- Panelist, “Russia in a Time of War: How to Investigate, Enforce Judgments & Handle Problem Clients,” OffshoreAlert Miami, April 24, 2023
- Guest, "After Griner's release, focus turns to dozens of Americans detained abroad," CNN Situation Room, December 9, 2022
- Guest, "Griner Released in Prisoner Swap with Russia," NewsNation, December 9, 2022
- Guest,"Griner Prisoner Swap, Same-Sex Marriage Protection," Bloomberg Sound ON Podcast, December 8, 2022
- Guest, "Get all the Americans out': Legal advisor weighs in on Brittney Griner prisoner swap," FOX 32 Chicago, December 9, 2022
- Guest, "Merchant of Death Viktor Bout released from prison in exchange for Brittney Griner," CBS News, December 8, 2022
- Guest, "Russian Court Rejects Brittney Griner’s Appeal," MSNBC, October 26, 2022
- Guest, “Griner worried about next week’s appeal,” CNN, October 18, 2022
- Guest, "Brittney Griner's verdict expected "very soon,"' CNN's The Lead With Jake Tapper, August 3, 2022
- Guest, "WNBA star Brittney Griner appears in Russian court," ABC News, August, 2, 2022
- Host, "The New Cold War: Risk, Sanctions, Compliance," Stroock Podcast
- Guest, “WNBA star Brittney Griner back in Russian court after guilty plea,” CNBC, July 14, 2022
- Guest, “What Happens Next For WNBA Star Brittney Griner?,” Cheddar News, July 14, 2022
- Guest, “Brittney Griner pleads guilty in Russian court as pressure grows for her release,” ABC News Nightline, July 7, 2022
- Guest, “WNBA Star Brittney Griner Pleads Guilty to Drug Charges” CNN’s The Lead With Jake Tapper, July 7, 2022
- Guest, “Wild star's status in jeopardy after report out of Russia,” The Morning News with Vineeta Sawkar, July 7, 2022
- Guest, “Kirill Kaprizov is not the first Russian athlete who’s faced military service questions,” Fox 9 KMSP, July 6, 2022
- Guest, “Balance of Power: What to Expect in Brittney Griner Trial,” Bloomberg, July 6, 2022
- Guest, “How Brittney Griner Might Get Out Of Russia,” The Lead, May 4, 2022
- Guest, “Latest on WNBA star Brittney Griner’s wrongful detention in Russia,” ABC News, May 4, 2022
- Guest, “US classifies Griner as wrongfully detained in Russia," CNN, May 3, 2022
- Guest, “Concerns for WNBA star held in Russia,” CNN, April 12, 2022
- Guest, “Outside the Lines,” ESPN, March 21, 2022
- Speaker, "Targeting Russian Oligarchs," George Mason University Terrorism, Transnational Crime and Corruption Center, March 8, 2022
- Guest, "'A Very Tight Line': Should Law Firms Continue Doing Business In Russia," Legal Speak by Law.com, March 4, 2022
- Speaker, “The Problems with Minsk and Corruption: How to Help Ukraine,” Atlantic Council Seminar, June 22, 2016
- Speaker, “The New Cold War: Fighting Corruption in Eastern Europe,” ABA Section of International Law Spring Meeting, April 13, 2016
- Speaker, “Criminal Charges and Third Party Due Diligence,” TRACE International Webinar, March 16, 2016
- Speaker, “Is Banking Secrecy Dead?” ABA Section of International Law Spring Meeting, April 30, 2015
- Speaker, “Corruption in the Courts,” ABA Section of International Law Conference on Dispute Resolution in Russia and the CIS, September 12, 2011
- Moderator, “The FCPA and Russian Competition Law,” Roundtable with Federal Anti-Monopoly Service Chief Igor Artemyev, September 2, 2011 (in Russian)
- Speaker, “Corruption on the Ground in Russia,” American Conference Institute Conference on Corruption in Emerging Markets, June 14, 2011
- Panelist, “Legal Reform and the Courts in Russia,” U.S.-Russia Business Council 3rd Annual Russia Legal Forum, June 9, 2011
- Speaker, “The U.S. Foreign Corrupt Practices Act,” Russian Presidential Academy of State Service Conference on Combating Corruption: Legislative Innovations in Russia and Foreign Law, May 31, 2011 (in Russian)
- Speaker, “The U.S. Foreign Corrupt Practices Act,” Moscow State University Criminal Law Congress, May 26, 2011 (in Russian)
- Speaker, “The U.S. Foreign Corrupt Practices Act,” Moscow Times Conference on Anti-Corruption Legislation: International Application and Russian Practice, May 25, 2011 (in Russian)
- Speaker, “The U.S. Foreign Corrupt Practices Act,” Russian Presidential Academy of State Service Anti-Corruption Training Course, March 23, 2011 (in Russian)
- Speaker, “How to Detect Corruption Schemes in Russia,” American Conference Institute Russia and CIS Summit on Anti-Corruption, March 16, 2011
Publications
- Co-author, “Proximity to Power: CFIUS Seeks to Broaden its Jurisdiction over Real Estate Transactions,” Stroock Client Alert, May 8, 2023
- Quoted, "Blinken Calls Russian Counterpart to Demand Release of Evan Gershkovich," Wall Street Journal, April 2, 2023
- Co-author, “The BEA Survey of Foreign-Owned Businesses Is Coming Around Again,” Stroock Client Alert, February 23, 2023
- Co-author, “It’s Now Official: The United Kingdom and New Zealand Are ‘Excepted Foreign States,’” Stroock Client Alert, February 14, 2023
- Quoted, "Who Is Marc Fogel? American Who Remains in Russia for Medical Marijuana After Griner Release," TIME, December 10, 2022
- Quoted, "The Other American Jailed in Russia on Marijuana Charges," Politico, December 10, 2022
- Author, "Russia’s American Hostages: The Marc Fogel Case," The National Interest, October 18, 2022
- Author, “U.S. Government Puts Businesses on Alert: Beware of North Korean IT Workers,” Employee Relations Law Journal, Vol. 48, No. 2, Autumn 2022
- Co-Author, “CFIUS Spills the Beans – and Commerce Staffs Up: Lessons for Foreign Investors and Their Targets,” Stroock Client Alert, July 25, 2022
- Quoted, “Russian court likely to convict, sentence Brittney Griner on drug charge. Then what?” ESPN, June 30, 2022
- Co-Author, “Foreign Agents Registration Act: Recent Developments Indicate Expanding Enforcement Environment,” Stroock Client Alert, June 16, 2022
- Quoted, “Evasive practices risk ensnaring companies in Russia sanctions,” Legal Dive, June 28, 2022
- Co-Author, “U.S. Government Puts Businesses on Alert: Beware of North Korean IT Workers,” Stroock Client Alert, May 23, 2022
- Quoted, “U.S. State Department Declares That Brittney Griner Has Been ‘Wrongfully Detained’ in Russia,” Wall Street Journal, May 3, 2022
- Co-Author, “U.S. Government Puts Businesses on Alert: Beware of North Korean IT Workers,” Stroock Client Alert, May 23, 2022
- Co-Author, “New Russia Sanctions: Focus on Facilitators of Sanctions Evasion and Virtual Currency Mining,” Stroock Client Alert, April 22, 2022
- Co-Author, "FinCEN to Banks: Look Out for Proceeds of Russian Kleptocracy (But Other Businesses Need to Pay Attention as Well)," Stroock Client Alert, April 18, 2022
- Quoted, "Is Brittney Griner a political hostage in Russia? We may find out soon," Yahoo! Sports, April 17, 2022
- Quoted, “Sanctions Flurry Keeps National Security Lawyers on Edge,” Law.com, April 14, 2022
- Co-Author, “New U.S. Sanctions, Prohibition on New Investment in Russia, and Possible Russian Countermeasures,” Stroock Client Alert, April 13, 2022
- Quoted, "Here are all the women who have won Vladimir Putin’s black heart," New York Post, April 6, 2022
- Co-author, "The U.S. is Going After Oligarchs' Assets: Is Your Transaction at Risk?," Stroock Client Alert, March 22, 2022
- Quoted, "New 'Russian asset tracker' tallies $17.5B worth of oligarchs' wealth," New York Post, March 21, 2022
- Author, “Targeting the Oligarchs: What Does it Mean?” Bloomberg Law, March 17, 2022
- Quoted, "Banks face complex compliance risks as they attempt to exit Russia," Compliance Week, March 16, 2022
- Quoted, “Russia’s Sberbank blasts bid for asset freeze in $1 bln U.S. case,” Reuters, March 16, 2022
- Co-author, "New Bans on Russian Imports, Exports and Investments: What Businesses Need to Know," Stroock Client Alert, March 14, 2022
- Quoted, “Anxiety about Brittney Griner's freedom mounts amid Russia-Ukraine conflict,” The Hill, March 12, 2022
- Quoted, “Brittney Griner’s Circle Turns to a Common Strategy: Silence,” New York Times, March 11, 2022
- Quoted, “Brittney Griner Faces a Long Journey Through the Russian Legal System,” Wall Street Journal, March 11, 2022
- Quoted, “Brittney Griner is detained in Russia. Putin's war in Ukraine could put the US basketball star in even more danger,” Australian Broadcasting Company, March 10, 2022
- Quoted, "The low-profile, high-powered race to free WNBA star Brittney Griner from Russian custody," Washington Post, March 10, 2022
- Quoted, "Why banks that finance yachts and jets for Russian oligarchs could be in uncharted waters," Insider, March 10, 2022
- Co-author, "Russian Sanctions Reach the Energy Sector: What Businesses Can and Can’t Do," Stroock Client Alert, March 9, 2022
- Guest, "Deadline White House," MSNBC, March 8, 2022
- Quoted, “For Brittney Griner, chilly US-Russia relations are 'not a good environment to negotiate.' So what's her best option?” Yahoo Sports, March 8, 2022
- Guest, "Outside the Lines," ESPN, March 7, 2022
- Quoted, "Compliance Hot Spots: Frantic Week For Sanctions Lawyers after Ukraine Invasion + DOJ Starts Russia Task Force + 'Inexcusable' Discovery Failures in FCPA Trial," Law.com, March 2, 2022
- Quoted, "Economic restrictions are having a devastating effect on Russia — but may have a harder time reaching Russian wealth in U.S.," The Washington Post, March 1, 2022
- Co-Author, "The Ukraine Crisis: What Businesses Need to Know," Stroock Client Alert, February 28, 2022
- Quoted, "Demand for Sanctions Expertise Spikes as US Imposes Swift Response to Russian Ukraine Invasion," The National Law Journal, February 25, 2022
- Co-author, "The Bright Line Gets Brighter: The List of 'Critical Technologies' Requiring CFIUS Review Gets an Update," Stroock Client Alert, February 25, 2022
- Author, “DOJ Decision on Bannon Prosecution Will Involve Nuance,” Law360, October 28, 2021
- Author, “The Future of Drug Decriminalization After Oregon,” Law360, December 16, 2020
- Author, “Virus, ‘Tiger King’ Point to Need for Wildlife Trafficking Law,” Law360, June 11, 2020
- Author, “COVID and Marijuana Legislation: Lessons of History,” Benzinga, May 8, 2020
- Author, “DOJ Should Issue No-Action Letters For Marijuana Industry,” Law360, May 1, 2020
- Author, “Protecting Against Corruption In State Cannabis Licensing,” Law360, October 29, 2019
- Author, “Legal Risk and Opportunity in the Cannabis Industry: What Every Director Needs to Know,” NACD Directorship Magazine, NACDonline.org, September 2019
- Author, “Navigating Political and Anti-Corruption Risks,” NACD Directorship Magazine, NACDonline.org, July/August 2019
- Co-author, “Two to Tango: Attacking the Demand Side of Bribery,” The American Interest, December 17, 2018
- Co-author, “The Global Magnitsky Act,” Criminal Law Forum, 2018
- Co-author, “New Law in Poland Could Open Corporate Expenses and Contracts to Public View,” FCPA Blog, July 5, 2018
- Author, “Does Ukraine Need an Anti-Corruption Court?” Atlantic Council Ukraine Alert, August 25, 2016
- Author, “The FCPA and the Rule of Law Abroad,” The Foreign Service Journal, June 2016
- Author, “Real or Bogus: How to Evaluate Foreign Criminal Charges,” The British Journal of White Collar Crime, Vol.1, No. 1, 2016
- Author, “Cleaning Up Atlantis: How to Put a Kleptocracy on the Road to Transparency,” The American Interest, November 2015
- Co-author, “Overcoming ‘Crony Communism’: Is EU Membership the Key?” ABA CJS WCCC Newsletter, Summer/Fall 2015
- Co-author, “Ukraine Enacts Sweeping New Anti-Corruption Law,” FCPA Blog, July 30, 2013
- Author, “New Russia Law Goes Beyond FCPA, Bribery Act,” FCPA Blog, March 5, 2013
- Author, “Trial By Jury and the Rule of Law in Russia,” International Law News, Fall 2011
- Author, “Business, Corruption and Pretrial Detention in Russia,” International Law News, Spring 2011
- Author, “Armed Injustice: Abuse of the Law and Complex Crime in Post-Soviet Russia,” Denver Journal of International Law and Policy, Fall 2010
- Author, “Criminal Corporate Raiding in Russia,” The International Lawyer, Vol. 42, Issue 4, 2008
- Author, “Corporate Criminal Liability in the United States,” St. Petersburg Law Institute Annual Review, 2008 (published in Russian)
- Author, “Jury Trials and Multi-Defendant Cases,” Lex Russica, No. 6, 2007 (published in Russian)
- Author, “Testimony of a Criminal Defendant Under U.S. and Russian Law: A Comparative Analysis,” Biznes v. Zakone, No. 4, 2007 (published in Russian)
- Author, “‘Prosecution of Jury Trials,’ Actual Problems of Criminal Justice: Questions of Theory, Legislation and Implementation,” Moscow State Law Academy, 2007 (published in Russian)
- Author, “What Russia Must Do to Fight Organized Crime,” Demokratizatsiya: the Journal of Post-Soviet Democratization, Winter 2006
- Author, “U.S.-Russian Cooperation in Combating International Terrorism,” Legislation and Counter-Terrorism: Materials from an International Conference in the State Duma of the Russian Federation, 2004 (published in Russian)
- Author, “U.S. Efforts to Combat Human Trafficking,” Zhenshchina Plus, January 2004
- Author, “The Russian Connection: Sex Trafficking into the United States and What the United States and Russia Are Doing About It,” USA Bulletin: International Organized Crime, September 2003
- Author, “Mafia Memoirs: What They Tell Us About Organized Crime,” Journal of Contemporary Criminal Justice, August 1993
- Author, “Leningrad’s Right-Wing Alternative to Gorbachev,” The Christian Science Monitor, February 1990
- Author, “Glasnost: Debate, Seminar or Sermon?” Berkeley-Stanford Working Papers, Spring 1989
- Author, “Four Sovietologists,” The National Interest, Winter 1989
- Author, “Trust Not and Verify,” Claremont Review of Books, 1987
- Co-Author, “A Primer in Soviet Government,” The Claremont Institute, 1987
Admitted To Practice
- New York
- District of Columbia
Education
- J.D., cum laude, Harvard Law School, 1993
- M.A., University of California at Berkeley, 1987
- B.A., magna cum laude with highest honors, Harvard College, 1986
