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Corporate Crime Reporter PUBLISHED WEEKLY VOLUME 15, NUMBER 12 MONDAY MARCH 19, 2001 CORPORATE CRIME REPORTER INTERVIEW WITH PAUL A. ENGELMAYER, CCR: How long have you been a partner there? PARTNER, WILMER, CUTLER, & PICKERING, ENGELMAYER: I joined Wilmer Cutler in January NEW YORK, NEW YORK 2000. CCR: You are a 1987 graduate from Harvard Law The Los Angeles Times reported last week that the School. Where did you go from there? Justice Department has designated a special team of ENGELMAYER: I spent 1987 to 1988 clerking for prosecutors to investigate all the last-minute Patricia Wald, who at the time was the chief judge of clemencies granted by President Clinton earlier this the U.S. Court of Appeals for the District of Columbia year. Circuit. I spent 1988 to 1989 clerking for Justice The decision by Attorney General John Ashcroft Thurgood Marshall of the U.S. Supreme Court. I joined empowered the U.S. Attorney in Manhattan, Mary Jo the U.S. Attorney's Office for the Southern District of White, to broaden her investigation into Pardongate to New York in the fall of 1989. include all 177 pardons and commutations granted by CCR: Who was the U.S. Attorney at the time? Clinton on his last day in office. ENGELMAYER: Otto Obermaier. Denise Rich, the ex-wife of the pardoned Marc CCR: Describe your career path after joining the U.S. Rich, is reportedly working with prosecutors, but she is Attorney's Office. not known to have entered into a formal cooperation ENGELMAYER: I stayed at the U.S. Attorney's agreement with White's office, according to a report in Office until 1994. After the obligatory first year in the the Washington Post. General Crimes Unit, which is the U.S. Attorney's So, the probe has developed into a major criminal Office's "rookie unit," I spent the next three years in the investigation. Public Corruption Unit. I then served as Deputy Chief And the question is -- can Mary Jo White make of the Appeals Unit, before leaving the Office in allegations of bribery against President Clinton stick? September 1994. Paul Engelmayer says it won't be easy. At that point, I became Assistant to the Solicitor In an opinion piece published earlier this mo nth in General of the United States. The Solicitor General at the Wall Street Journal titled "Proving Bribery Isn't the time was Drew Days, President Clinton's first Easy," the former chief of the major crimes unit in Solicitor General. In that capacity, I argued four cases Manhattan says that while there is no more tenacious in front of the Supreme Court and wrote merits briefs prosecutor than White, and her staff is second to none, to the Supreme Court on a wide array of topics, "few charges are harder to prove than an historical criminal and civil. (already completed) bribe scheme." In August 1996, I returned to the U.S. Attorney's "Bribery cases require prosecutors to prove that the Office in the Southern District, this time as Chief of the public official accepted a thing of value in exchange Major Crimes Unit. The Major Crimes Unit handles a for his official acts," Engelmayer wrote. "That is a large chunk of the Office's white-collar docket. I was formidable burden. As long as there is a reasonable there until the end of 1999. doubt that the official acted for any other reason, he CCR: When you first signed on with the U.S. cannot be convicted." Attorney, you were assigned to the General Crimes We interviewed Engelmayer on March 12, 2001. Unit. What was that like? ENGELMAYER: That's essentially the rookie unit. CCR: You are a partner in the New York office of The purpose of sending a new Assistant to that Unit is Wilmer, Cutler, and Pickering. How many attorneys to give the Assistant a thorough-going grounding in all are in the New York office? of the areas of criminal prosecutive practice that one ENGELMAYER: Nineteen, and the number is needs to master in order to be a capable Assistant U.S. growing fast. It's a very exciting, fun place to work. Attorney. CCR: What is your primary practice? An Assistant assigned to the General Crimes Unit ENGELMAYER: I'm a litigator. I handle all sorts of carries a very large caseload -- typically of cases that litigation -- civil litigation, securities litigation and are of relatively small size. The cases are in a wide enforcement work, and white-collar defense work. I array of substantive areas. An Assistant might have also have an appellate practice. narcotics cases, immigration cases, a variety of small-to-modest size mail and bank fraud cases, Assistants in these three senior white-collar units postal-theft cases, and so forth. tend to investigate larger, more complex crimes. And In addition, Assistants in the General Crimes Unit the trials they handle are typically measured in weeks periodically are enlisted as a junior trial partner to or months, not days. assist more senior Assistants who are handling In terms of non-white collar units, there is a sophisticated longer-term trials. Narcotics Unit, an Organized Crime unit, and finally a Typically, the goal of the General Crimes Violent Gangs and Terrorism Unit. experience is to make sure that the new Assistant has CCR: Do the white-collar units get the same level of three or more trials under his or her belt by the end of resources as the non-white collar units? the first year in the Office. The Assistant also learns ENGELMAYER: At least as many resources, how to handle the other work that prosecutors do -- although the size of particular units waxes and wanes drafting search warrants, handling grand jury practice, depending on law-enforcement priorities at any given handling bail and suppression hearings, handling other time. pre-trial litigation, and handling appeals. CCR: And that has to be one of the few U.S. Attorneys The Assistant also learns how to investigate a case, Offices in the country where that is the case. in conjunction with federal investigative agents. It's an ENGELMAYER: The Southern District of New York exciting, frenetic, and enormously stimulating -- and justifiably has the reputation as being the flagship U.S. busy -- year. Attorney's Office in the country and the flagship U.S. By the end of the first year, the Assistant ought to Attorney's Office for prosecuting white-collar crime. have a general comfort level with federal prosecutive One can tick off a long array of celebrated and practice. While I was in General Crimes, I had three important white collar cases that have come out of that trials. One was a bank fraud trial in which the office. defendant was a vice president of Chemical Bank who CCR: Government prosecutorial offices tend to be actually had previously been an associate at Cravath, drab, dreary places -- nothing like your offices at Swaine and Moore. He had carried out a substantial Wilmer Cutler. bank fraud and embezzlement scheme. ENGELMAYER: We can stipulate to that. The second trial was of a middleman in a It's safe to say that anyone applying for a job as a large-scale heroin importation and distribution scheme. federal prosecutor is applying not because of the The third trial was of a corrupt accountant who had compensation, or the physical perks that come with the executed a bank fraud and forged-check scheme job, or the cushiness of the furniture. They are applying against some of his clients and Citibank. because the job is second to none in the interest level of After leaving General Crimes, an Assistant U.S. the cases you handle, because of the opportunity to Attorney is assigned to one of the approximately half a perform public service at a very high level, and dozen senior units in the office. On the white-collar because of the exceptional quality of your colleagues. side of the house, there are three such units. One is the The physical office is nondescript. But the people who Securities and Commodities Fraud Unit. The celebrated work at the U.S. Attorney's Office are the absolute Michael Milken and Ivan Boesky cases of the late tops. 1980s and early 1990's were prosecuted out of that CCR: From 1990 to 1994, you were a member of the unit. There is also the Public Corruption Unit, to which Public Corruption Unit. What cases did you prosecute? I was assigned out of General Crimes. That unit ENGELMAYER: Among other things, I prosecuted prosecuted the Wedtech cases of the 1980s, which several attorneys who were frequent court appointees ultimately resulted in the convictions of two U.S. of former Manhattan Surrogate Marie Lambert and congressmen, and a variety of police corruption cases who had committed frauds against one or more people in the 1990's, among many other notable cases. whom they had been court appointed to protected. The third white collar area is the Major Crimes Along with my colleague and now current Wilmer Unit. I co-headed that unit from 1996 through the end Cutler partner Peter Vigeland, I also prosecuted a case of 1999. It is responsible for virtually every type of against a federal halfway house official, Harvey Alter, fraud case, including health care fraud, which is a who was charged with, among other things, bribery in major growth area for U.S. Attorney's Offices around connection with his receipt of sex from residents of the the country. halfway house. The allegation was that he was The unit was also largely responsible for providing things of value to inmates in return for sex.
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