Michael L. Koenig

Partner

Albany, New York

518-396-3100

212-313-4500

mkoenig@hinckleyallen.com

About

Mike represents, defends and advises corporate and individual clients in all aspects of white collar criminal matters, government investigations, corporate internal investigations and complex civil litigation. Mike has handled many high-stakes and high profile matters throughout his career as a defense attorney and prosecutor. In private practice, he has represented business leaders, public officials, licensed professionals, companies and institutions across many industries in a wide and diverse range of matters that could result in legal, business, financial, and reputational harm. Mike’s work is at both the state and federal level, and he represents clients at all stages of law enforcement and regulatory investigations and proceedings, as well as in complex civil litigation. He also provides general counseling guidance to clients in crisis situations. While a federal prosecutor at the Department of Justice in Washington, D.C., Mike prosecuted a variety of white collar crimes, but specialized in corporate fraud investigations and prosecutions. In 2004, he received the Assistant Attorney General’s Award for Financial Integrity for his work in the corporate fraud arena. As a result of his combined defense and prosecutorial background, Mike brings a substantive, procedural, and practical perspective and analysis to all cases in order to ensure a successful result, whether through trial or a favorable pre-trial resolution.

Representative Cases

  • Former senior officer of Magyar Telekom in a Foreign Corrupt Practices Act investigation conducted by the Department of Justice and the Securities and Exchange Commission
  • The Moreland Commission to Investigate Public Corruption in connection with matters being investigated by the United States Attorney’s Office for the Southern District of New York
  • A foreign national banker under indictment in the United States in connection with the Southern District of New York’s investigation of numerous Swiss banks
  • Investor owned utility in New York State Moreland Commission investigation related to Hurricane Sandy
  • Project manager for a major construction company who was criminally charged in the Southern District of New York with fraud related to the use of an alleged sham minority owned business in order to satisfy bidding requirements for government contracts
  • Project manager for a Connecticut-based company under investigation for alleged fraud regarding the misuse of minority companies in order to satisfy bidding requirements for a government contract
  • A nationally-known thoroughbred trainer in a licensing revocation hearing before the New York State Racing and Wagering Board
  • The largest upstate New York privately-owned waste and recycling company in an 18 month criminal and civil investigation which originated from a whistleblower complaint
  • Former Governor Eliot Spitzer’s former communications director in a number of criminal and civil proceedings arising from the so-called “Troopergate” matter
  • Six physicians in a Department of Justice investigation regarding alleged violations of the Anti-Kickback Statute.
  • An investment advisor under investigation by FINRA for alleged insider trading
  • Co-founder of a business proprietary school in Brooklyn who was indicted in the Eastern District of New York for fraud and theft of public money related to federal Pell and State TAP funds
  • Academic research institution in an investigation conducted by various New York State agencies, including the Office of State Comptroller and the Joint Commission on Public Ethics
  • Upstate New York businessman in the federal investigation and prosecution of former New York State Senate Majority Leader
  • A high-ranking New York State public official in the New York State Attorney General’s pension fraud investigation
  • The former CEO of a not-for-profit organization in a contract dispute and potential investigation into excessive executive compensation
  • The former outside financial consultant to the NBA Players’ Association in a matter prosecuted by the United States Attorney’s Office for the Southern District of New York
  • The former Chief Operating Officer of the Fulton County Economic Development Corporation in a legislative inquiry regarding not-for-profit executive compensation, and a related civil lawsuit regarding the exercise of his authority
  • Numerous companies, institutions and individuals under investigation by the New York State Medicaid Fraud Control Unit
  • United States v. Lawrence – successfully argued for significant downward departure over government’s objection, resulting in 37 month sentence where Guidelines called for 8 – 10 years, after trial conviction of former Chairman and Chief Executive Officer of publicly traded company on 20 count indictment alleging an approximately $35 million fraud
  • United States v. Nacchio – obtained indictment against former Chief Executive Officer of Qwest Communications for insider trading in the alleged amount of $100 million (District of Colorado)
  • United States v. Fiallo – obtained guilty plea from former Chief Executive Officer of Enterasys Network Systems, Inc., to conspiracy to commit a $20 million securities fraud (District of New Hampshire)
  • United States v. Bode, et al. – secured trial convictions of 4 defendants on charges of RICO, money laundering, bank fraud, mail fraud, and interstate transportation of stolen property (District of Columbia)
  • People v. Carroll, 95 N.Y.2d 375 (2000) – successfully appealed rape and sexual assault convictions in the New York Court of Appeals; client was convicted of sexual assault at re-trial
  • People v. Masucci – successfully defended client accused of murder in first solo felony trial
  • People v. Starr – obtained dismissal of indictment, with prejudice, after jury selection based upon prosecutorial misconduct
  • People v. Berkerey – successfully defended client accused of sex crimes, which included successfully arguing a critical evidentiary exception to New York’s rape shield law
  • Numerous licensed professionals and law enforcement officers in New York State disciplinary or regulatory investigations and proceedings, and/or civil lawsuits
  • A physician who served on the Board of a biopharmaceutical company in an investigation being conducted by the United States Attorney’s Office for the District of Connecticut and the Securities and Exchange Commission
  • Company executive of a pallet company under federal indictment in the Northern District of New York for allegedly violating immigration laws
  • The owner of a Brooklyn-based service provider to pre-school children with special needs under investigation by the Manhattan District Attorney’s Office
  • WellCare in fraud investigation conducted by the United States Attorney’s Office in the Middle District of Florida
  • A national car rental agency accused of discrimination
  • Major upstate New York HMO in contract dispute with physicians’ group
  • Title/settlement agent in a federal mortgage and bank fraud investigation and prosecution in the Northern District of New York
  • A number of Mike’s cases are successfully resolved or closed before any action is taken, and therefore remain confidential

Work Experience

  • Hinckley Allen
    • Partner (2012-Present)
  • Greenberg Traurig LLP | Albany, NY
    • Shareholder (partner) (2007-2012)
  • United States Department of Justice | Washington, D.C.
    • Trial Attorney, Criminal Division, Fraud Section (2003-2006)
  • O'Connell and Aronowitz | Albany, NY
    • Partner (2000-2003)
    • Associate (1995-1999)

Honors & Awards

  • Best Lawyers of America® (2010-2019)
    • Lawyer of the Year (2013, 2017)
    • Recognized for Commercial Litigation and Criminal Defense: White-Collar
  • BTI Consulting Group, Inc., Client Service All-Star (2018)
  • Super Lawyers,Upstate New York (2011-2018)
  • Assistant Attorney General’s Award for Financial Integrity (2004)

Charitable & Civic Involvement

  • Bethlehem Youth Hockey, Board Member and Learn To Play Coordinator

Professional Affiliations

  • Albany County Bar Association
  • American Bar Association
  • Committee on Character and Fitness, Third Judicial District, Member
  • Federal-State Judicial Advisory Council, Member
  • National Association of Criminal Defense Lawyers
  • New York State Bar Association

Bar Memberships

  • New York, 1994
  • Washington, D.C., 1996
Firm News

38 Hinckley Allen Attorneys Recognized as 2018 Super Lawyers and Rising Stars

October 18, 2018

The Super Lawyers has selected 38 Hinckley Allen attorneys as Super Lawyers and Rising Stars. Each year,

Firm News

51 Hinckley Allen Attorneys Recognized by Best Lawyers in America 2019

August 15, 2018

Hinckley Allen is pleased to announce that Best Lawyers® has recognized 51 attorneys in the 2019 edition…

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Publication

Tesla Criminal Probe Into Musk Tweet Seen Opening Pandora's Box

September 19, 2018

Michael L. Koenig was interviewed by Bloomberg LP regarding the U.S. Justice Department's investigation…

Publication

Mueller Bolsters Manafort Case with Charges of Suspected Spy

June 8, 2018

Partner Michael L. Koenig provides point of view on the Mueller v. Manafort case.

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Past Event

12th Annual National Institute on Securities Fraud

January 11, 2018

Hinckley Allen Partner Michael Koenig is moderating a discussion about securities fraud at the ABA Securities…

Past Event

11th Annual National Institute on Securities Fraud

January 12, 2017

Hinckley Allen Partner Michael Koenig moderated at the ABA Securities Fraud Conference for a discussion…

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In private practice, Mike represents both companies and individuals in criminal, civil and regulatory investigations and litigation across a broad range of industries and substantive practice areas.  Mike has conducted internal investigations on behalf of and/or defended many companies, including:

  • a University-level academic research institution in several matters, including those involving allegations of theft, fraud and violations of internal compliance policies and procedures;
  • an international energy services company in several matters, including a parallel criminal and civil False Claims Act investigation and a separate CFTC inquiry;
  • a regulated New York State utility in several matters, including a False Claims Act investigation and an unrelated investigation by the New York State Moreland Commission on Utility Storm Preparation and Response subsequent to Hurricane Sandy;
  • two large Northeast hospitals in a variety of different matters, including allegations of financial fraud, personal matters, and professional misconduct;
  • a prominent Northeast-based physicians’ group regarding theft and embezzlement by a former high-level employee;
  • the largest Northeast waste recycling company in a parallel civil and criminal fraud and False Claims Act investigation;
  • a nursing home chain in several matters, including embezzlement and fraudulent books and records; and
  • the 25 member New York State Moreland Commission to Investigate Public Corruption in a matter investigated by the Southern District of New York.

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