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.
Mike often provides in-depth analysis on current legal issues to local and national media, including The Paul Vandenburgh Show on Talk 1300 AM radio, where he is a regular guest of the program.
Experience
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
Credentials
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 in America® (2010-2021)
- Lawyer of the Year (2013, 2017, 2020)
- Recognized for Commercial Litigation and Criminal Defense: White-Collar
- BTI Consulting Group, Inc., Client Service All-Star (2018)
- Super Lawyers, Upstate New York (2011-2020)
- Assistant Attorney General’s Award for Financial Integrity (2004)
- City & State: Top 100 Most Politically Powerful Lawyers in New York (2020, 2021)
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
News & Insight
Orange County agency hires law firm as district attorney investigates its finances
March 5, 2021An Orange County government agency under investigation by the District Attorney's Office retained an Albany law firm after a closed-door discussion at a special meeting on Tuesday.The Industrial Development Agency's hiring of Hinckley Allen came five days …
MyPayrollHR Michael Mann Pleads Guilty to Federal Bank Fraud Charges
August 13, 2020Represented by former federal prosecutor, Hinckley Allen attorney Michael Koenig, CEO of MyPayrollHR, Michael Mann pleads guilty to bank fraud.View this case's previous coverage here.
Law Enforcement Focus on the Health Care and Senior Living Industries During COVID-19
April 21, 2020U.S.Law enforcement does not stop during troubling times, and that remains particularly true in the criminal, civil and regulatory enforcement fields. Indeed, it is often during and in the aftermath of crises that government ramps up its enforcement acti…
Law Enforcement Actions in the Wake of COVID-19
March 26, 2020The Department of Justice, State Attorney Generals and federal and state regulators will be vigilant and aggressive in identifying, investigating and prosecuting fraud. Industries that are involved in government contracting and receive federal and state…
MyPayrollHR Operator Charged with Bank Fraud
November 24, 2019Represented by former federal prosecutor, Hinckley Allen attorney, Michael Koenig, Michael Mann, CEO of MyPayrollHR was arrested and charged with bank fraud. 6 p.m.
Meet the Albany defense attorney who represented Al Lawrence, the Moreland Commission and now MyPayrollHR's Michael Mann
October 14, 2019Read the Albany Business Review's interview with White Collar attorney Michael L. Koenig about how his practice developed, some of his most fascinating cases and his view on the importance of the justice system.
Assange’s Long Standoff Ends With U.K. Arrest, U.S. Hack Charges
April 11, 2019WikiLeaks founder Julian Assange was arrested and charged in the U.S. with conspiracy, partner Michael Koenig comments.
Tesla Criminal Probe Into Musk Tweet Seen Opening Pandora's Box
September 19, 2018Michael L. Koenig was interviewed by Bloomberg LP regarding the U.S. Justice Department's investigation into Tesla, Inc. in response to a tweet by Chairman Elon Musk. In this article, Koenig reflects that investigations of one subject often take unexpected…
Mueller Bolsters Manafort Case with Charges of Suspected Spy
June 8, 2018Partner Michael L. Koenig provides point of view on the Mueller v. Manafort case.
Are Private Equity Firms the New Health-Care Fraud Target?
June 6, 2018Hinckley Allen Partner Michael L. Koenig has been quoted by Bloomberg BNA's Health Care Reporter. Mike provides his legal opinion on what private equity firms need to consider in light of expanding False Claims Act liability and risk exposure.Private equit…
VW CEO Given Rare U.S. Safe-Passage Deal
May 7, 2018Partner Michael L. Koenig comments on Diess's rare safe-passage deal.
Recent Lawsuit by Department Of Defense Reflects Possible Legal Risk for Private Equity Firms Involved In the Health Sector
April 19, 2018A recent lawsuit filed by the U. S. Department of Defense highlights potential legal risk for private equity firms based on health care regulatory violations committed by firm portfolio companies. The complaint (United States ex rel. Medrano and Lopez v. D…
U.S. Department of Justice Civil Division Nominee Promises to Focus on False Claims Act Enforcement in Combating the Opioid Epidemic
March 20, 2018For organizations and individuals in the health care and life sciences sectors, fraud-related exposure is one of the most significant risks to be managed because it can have a profound detrimental impact on legal standing, finances, and reputation. Among t…
Corruption Case Against Sen. Bob Menendez Damaged but Not Dead, Experts Say
January 26, 2018Hinckley Allen Partner Michael L. Koenig provides commentary on the recent corruption case against United States Senator Bob Menendez to northjersey.com.
Missing from Mueller's Interview of Sessions: A Criminal Lawyer
January 23, 2018Hinckley Allen Partner Michael L. Koenig provides his legal perspective to Bloomberg, and comments on AG Jeff Sessions' decision to include a non-criminal attorney during a recent interview.
Sexual Misconduct Allegations: Prompt, Thorough and Coordinated Response and Prevention Strategies Are Critical
December 21, 2017In today’s environment, following the almost daily allegations and revelations of sexual misconduct in media, government, academia, and the private sector, it is clear that no industry, and no company or organization, is immune from these incidents. Th…
Menendez verdict may depend on how judge instructs jury on the definition of bribery
October 30, 2017Hinckley Allen Partner Michael Koenig quoted in USA Today. Follow the included link to read the full article.
September 27, 2017: Michael Koenig
September 27, 2017The Second Circuit court vacated the convictions of former New York State Senate Majority Leader Dean Skelos and his son, Adam. The reasoning behind the court’s decision, according to Law 360, was similar to the reasoning in the case of Sheldon Silver: t…
As trial looms, Menendez's pursuit of normal faces fresh challenges
September 1, 2017Much as he has managed since he was indicted in 2015, U.S. Sen. Bob Menendez projected an image of business as usual this week as he rallied on behalf of immigrant groups, accepted an award for healthcare advocacy and held policy meetings with constituents…
Michael Koenig Comments: Federal Appeals Court Overturned the Conviction of Former Assembly Speaker Sheldon Silver
July 13, 2017July 13, 2017: Michael Koenig
July 13, 2017As the news broke that the Second Circuit Court of Appeals overturned the 2015 conviction of former Assembly Speaker Sheldon Silver, Attorney Michael L. Koenig, Partner in the firm Hinckley Allen, joined the Capitol Pressroom to break it all down.
Michael Koenig on Federal Invesitgations
May 25, 2017Michael Koenig shared what what we need to know about investigations, special prosecutors and independent counsels.
Michael Koenig Discusses United States Supreme Court Decision in McDonnell v. United States
June 30, 2016Mike Koenig discusses how the Supreme Court ruling in McConnell vs. United States could impact the possibility of retrials for Sheldon Silver and Dean Skelos. Interview begins at 00:55 to listen.
Richard Ravitch and Bill Samuels, Michael Koenig, pipeline announcements
April 25, 2016Interview begins at 22:26.
Former Prosecutor Speaks Out on Convictions
December 11, 2015An Update on the Dean Skelos trial with Michael Koenig
December 8, 2015DBE Fraud: What Contractors Should Be Doing Now to Avoid Criminal and Civil Liability
October 1, 2015DOJ's New Policy Against Corporate Fraud
September 15, 2015On September 9, 2015, the U. S. Department of Justice announced a new mandate that will potentially affect criminal and civil investigations and prosecutions across all industries. Specifically, Deputy Attorney General Sally Yates issued a memo (“Yates M…
Menendez Case Promises to be High-Stakes Battle for Senator, Justice Department
April 2, 2015Key Hurdle for Prosecution: Proving Menedez Acted Out of More Than Friendship
March 8, 2015Corruption Case Against Sen. Robert Menendez Could Be Tough to Make
March 7, 2015The Foreign Corrupt Practices Act: An Overview
November 26, 2014The Foreign Corrupt Practices Act (“FCPA”) is a federal statute that makes it unlawful for companies to pay foreign government officials for the purpose of obtaining or maintaining business. Put more bluntly, it prohibits companies and individuals from…
Seizing State Pensions Tough Task
September 18, 2013A Tool Fit To Find The Crime?
June 24, 2013Michael L. Koenig Named As One Of New York’s Top 100 Most Politically Powerful Lawyers in 2021
March 15, 2021City & State recently shared their 2021 rankings for the Top 100 most politically powerful lawyers in New York state. Among them is Partner Michael L. Koenig, who is honored among others for their work at the intersection of law and politics for the se…
29 Hinckley Allen Attorneys Recognized as 2020 Super Lawyers and Rising Stars
October 22, 2020Hinckley Allen is pleased to announce that Super Lawyers has selected 29 Hinckley Allen attorneys as Super Lawyers and Rising Stars. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to re…
59 Hinckley Allen Attorneys Recognized by Best Lawyers in America 2021
August 20, 2020Hinckley Allen is pleased to announce that Best Lawyers® has recognized 59 attorneys in the 2021 edition of The Best Lawyers in America®, including 12 “Lawyers of the Year.” Best Lawyers® has also recognized 10 Hinckley Allen attorneys in their inau…
Michael L. Koenig Named As One Of New York’s Top 100 Most Politically Powerful Lawyers
March 11, 2020City & State recently shared their ranking of the Top 100 most politically powerful lawyers in New York state. Among them is Partner Michael L. Koenig, who is honored among others for their work at the intersection of law and politics.Read More Here.
33 Hinckley Allen Attorneys Recognized as 2019 Super Lawyers and Rising Stars
November 4, 2019Hinckley Allen is pleased to announce that Super Lawyers has selected 33 Hinckley Allen attorneys as Super Lawyers and Rising Stars. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to rece…
MyPayrollHR Owner Hires Hinckley Allen Attorney Michael L. Koenig
September 20, 2019Michael Mann, owner of MyPayrollHR, has hired Michael L. Koenig, a former federal prosecutor and co-chair of Hinckley Allen's Government Enforcement & White Collar group, to represent him in the collapse of the company. Read more here (subscription req…
56 Hinckley Allen Attorneys Recognized by Best Lawyers in America 2020
August 15, 2019Only one lawyer in each specialty in each region is honored as a “Lawyer of the Year” by Best Lawyers®. Since its first publication in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers compi…
38 Hinckley Allen Attorneys Recognized as 2018 Super Lawyers and Rising Stars
October 18, 2018The Super Lawyers has selected 38 Hinckley Allen attorneys as Super Lawyers and Rising Stars. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.Super Lawyers, a Thomson…
51 Hinckley Allen Attorneys Recognized by Best Lawyers in America 2019
August 15, 2018Hinckley Allen is pleased to announce that Best Lawyers® has recognized 51 attorneys in the 2019 edition of The Best Lawyers in America®, including seven “Lawyers of the Year.” Only one lawyer in each specialty in each region is honored as a “La…
Hinckley Allen Partner Michael L. Koenig Named BTI 2018 Client Service All-Star
March 29, 2018Hinckley Allen is pleased to announce that Michael L. Koenig has been named a 2018 Client Service All-Star by the BTI Consulting Group, Inc. Mike is among a select group of lawyers who earned recognition from leading general counsel and legal decision-ma…
Hinckley Allen Attorneys Recognized as 2017 Super Lawyers and Rising Stars
October 18, 2017The Super Lawyers has selected 39 Hinckley Allen attorneys as Super Lawyers and Rising Stars. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.Super Lawyers, a Thomson…
52 Hinckley Allen Attorneys Recognized by Best Lawyers of America
August 18, 2017Noble F.Jomarie T.Robert J.James J.Leon C.John J.William W.Christine K.
Best Lawyers® Recognizes 7 Hinckley Allen Partners as “Lawyers of the Year” for 2017
August 18, 2016Hinckley, Allen & Snyder LLP is pleased to announce that Best Lawyers® has recognized partners William S. Fish Jr, Michael L. Koenig, Mark S. McCue, Gerald J. Petros, Paul A. Silver, Richard Y. Uchida, and David A.William S.
Hinckley Allen Partners James J. Barriere and Michael J. Koenig Named 2016 Upstate New York Super Lawyers
August 16, 2016James J. Barriere and Michael L. Koenig, partners in Hinckley Allen’s Albany, NY office, were named 2016 Upstate New York Super Lawyers. Jim was named Super Lawyer in Construction Litigation while Mike was named Super Lawyer in White Collar Criminal Defe…
Hinckley Allen Partners James J. Barriere and Michael L. Koenig Named 2015 Upstate New York Super Lawyers
August 19, 2015James J. Barriere and Michael L. Koenig, partners in Hinckley Allen’s Albany, NY office, were named 2015 Upstate New York Super Lawyers. Jim was named Super Lawyer in Construction Litigation while Mike was named Super Lawyer in Commercial Litigation and …
Upstate New York Super Lawyers & Rising Stars Names Three Hinckley Allen Attorneys
September 10, 2014Magazine. These attorneys have attained a high-degree of peer nomination and professional achievement. The selection process includes independent research, peer nomination and peer evaluation.Mike Koenig represents, defends and advises clients in all aspec…
Best Lawyers® Recognizes 5 Hinckley, Allen & Snyder Partners as “Lawyers of the Year” for 2013
September 13, 2012September 13, 2012 – Hinckley, Allen & Snyder LLP is pleased to announce that Best Lawyers® has recognized partners Malcolm Farmer III, Robert G. Flanders, Jr., Gerard R. Goulet, William R. Grimm, and Michael L.Malcolm Farmer III, a Partner in the F…
Best Lawyers® Recognizes 44 Hinckley, Allen & Snyder Partners
September 13, 2012September 13, 2012 - Hinckley, Allen & Snyder LLP is proud to announce that 44 of its attorneys have been recognized by their peers as being among the nation’s best lawyers in the 2013 edition of The Best Lawyers in America®.Best Lawyers® is based …
Hinckley, Allen & Snyder Opens Albany, New York Office with Addition of Top White-Collar Criminal Lawyers
February 6, 2012ALBANY, NEW YORK, February 6, 2012: Marc A. Crisafulli, Managing Partner of Hinckley, Allen & Snyder LLP, announced today that the firm is expanding its regional footprint with a new office in Albany, New York, the firm’s first office outside of New …
Events
WEBINAR: COVID-19: Planning for Return to Work, Considerations for Employers
May 6, 2020NOTE: You must pre-register to attend this webinar. Click here or visit the link below.Join Hinckley Allen as we discuss what employers should consider and plan for to ensure they are prepared to reopen/return to the workplace when states lift stay-at-h…
WEBINAR: Critical New Guidance on PPP Borrower Certification Requirements; May 7 Deadline to Repay if Ineligible
May 1, 2020NOTE: You must pre-register to attend this webinar. Click here or visit the link below.Join Hinckley Allen as we discuss what borrowers and applicants of loans under the Paycheck Protection Program (“PPP”) need to consider in light of the Small Busi…
12th Annual National Institute on Securities Fraud
January 11, 2018Hinckley Allen Partner Michael Koenig is moderating a discussion about securities fraud at the ABA Securities Fraud Conference.Each year, this national institute draws elite officials from both the U.S. Department of Justice and the U.S. Securities and Exc…
11th Annual National Institute on Securities Fraud
January 12, 2017Hinckley Allen Partner Michael Koenig moderated at the ABA Securities Fraud Conference for a discussion around “The FCPA’s Jurisdictional Hooks – How Far Do They Reach? Who Can They Ensnare?”.Each year, this national institute draws elite officials…
“Practical Considerations to Navigate Sentencing of a Guilty Client: The Day of Reckoning/Securing Leniency at Federal Sentencing”
November 5, 2015ABA's 10th Annual National Institute on Securities Fraud, Moderator, "The Internationalization of Securities Enforcement – Foreign and Domestic Regulators"
October 2, 2015Gideon Fifty Years Later: Has the Promise of The Right to Counsel Been Kept?
April 11, 2014Training Program for Compliance Officer and Compliance Committee Members
March 21, 2012Charles E. Schaub moderated and Laura B. Angelini, Michael Connolly, Michael Koenig, Robin Main and Christopher Morog from the firm’s Construction and Litigation Practice Groups presented a well attended training program for Compliance Officers and Compl…
Training Program for Compliance Officer and Compliance Committee Members
March 13, 2012Charles E. Schaub moderated and Laura B. Angelini, Michael Connolly, Michael Koenig, Robin Main and Christopher Morog from the firm’s Construction and Litigation Practice Groups presented a well attended training program for Compliance Officers and Compl…
Internal Investigations
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
- 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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