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Koenig, Mike

Michael L. Koenig

Partner

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 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

News & Insight

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, 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…

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 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…

Firm News

Hinckley Allen Partner Michael L. Koenig Named BTI 2018 Client Service All-Star

March 29, 2018

Hinckley 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…

Firm News

Hinckley Allen Attorneys Recognized as 2017 Super Lawyers and Rising Stars

October 18, 2017

The 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…

Firm News

52 Hinckley Allen Attorneys Recognized by Best Lawyers of America

August 18, 2017

Noble F.Jomarie T.Robert J.James J.Leon C.John J.William W.Christine K.

Firm News

Best Lawyers® Recognizes 7 Hinckley Allen Partners as “Lawyers of the Year” for 2017

August 18, 2016

Hinckley, 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.

Firm News

Hinckley Allen Partners James J. Barriere and Michael J. Koenig Named 2016 Upstate New York Super Lawyers

August 16, 2016

James 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…

Firm News

Hinckley Allen Partners James J. Barriere and Michael L. Koenig Named 2015 Upstate New York Super Lawyers

August 19, 2015

James 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 …

Firm News

Upstate New York Super Lawyers & Rising Stars Names Three Hinckley Allen Attorneys

September 10, 2014

Magazine. 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…

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Publication

Assange’s Long Standoff Ends With U.K. Arrest, U.S. Hack Charges

April 11, 2019

WikiLeaks founder Julian Assange was arrested and charged in the U.S. with conspiracy, partner Michael Koenig comments.

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 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…

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.

Publication

Are Private Equity Firms the New Health-Care Fraud Target?

June 6, 2018

Hinckley 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…

Publication

VW CEO Given Rare U.S. Safe-Passage Deal

May 7, 2018

Partner Michael L. Koenig comments on Diess's rare safe-passage deal.

Publication

Recent Lawsuit by Department Of Defense Reflects Possible Legal Risk for Private Equity Firms Involved In the Health Sector

April 19, 2018

A 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…

Publication

U.S. Department of Justice Civil Division Nominee Promises to Focus on False Claims Act Enforcement in Combating the Opioid Epidemic

March 20, 2018

For 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…

Publication

Corruption Case Against Sen. Bob Menendez Damaged but Not Dead, Experts Say

January 26, 2018

Hinckley Allen Partner Michael L. Koenig provides commentary on the recent corruption case against United States Senator Bob Menendez to northjersey.com.

Publication

Missing from Mueller's Interview of Sessions: A Criminal Lawyer

January 23, 2018

Hinckley 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.

Publication

Sexual Misconduct Allegations: Prompt, Thorough and Coordinated Response and Prevention Strategies Are Critical

December 21, 2017

In 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…

Publication

Menendez verdict may depend on how judge instructs jury on the definition of bribery

October 30, 2017

Hinckley Allen Partner Michael Koenig quoted in USA Today. Follow the included link to read the full article.

Publication

September 27, 2017: Michael Koenig

September 27, 2017

The 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…

Publication

As trial looms, Menendez's pursuit of normal faces fresh challenges

September 1, 2017

Much 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…

Publication

Michael Koenig Comments: Federal Appeals Court Overturned the Conviction of Former Assembly Speaker Sheldon Silver

July 13, 2017
Publication

July 13, 2017: Michael Koenig

July 13, 2017

As 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.

Publication

Michael Koenig on Federal Invesitgations

May 25, 2017

Michael Koenig shared what what we need to know about investigations, special prosecutors and independent counsels.

Publication

Michael Koenig Discusses United States Supreme Court Decision in McDonnell v. United States

June 30, 2016

Mike 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.

Publication

Richard Ravitch and Bill Samuels, Michael Koenig, pipeline announcements

April 25, 2016

Interview begins at 22:26.

Publication

Former Prosecutor Speaks Out on Convictions

December 11, 2015
Publication

An Update on the Dean Skelos trial with Michael Koenig

December 8, 2015
Publication

DOJ's New Policy Against Corporate Fraud

September 15, 2015

On 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…

Publication

Menendez Case Promises to be High-Stakes Battle for Senator, Justice Department

April 2, 2015
Publication

Key Hurdle for Prosecution: Proving Menedez Acted Out of More Than Friendship

March 8, 2015
Publication

Corruption Case Against Sen. Robert Menendez Could Be Tough to Make

March 7, 2015
Publication

The Foreign Corrupt Practices Act: An Overview

November 26, 2014

The 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…

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Events

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 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…

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 around “The FCPA’s Jurisdictional Hooks – How Far Do They Reach? Who Can They Ensnare?”.Each year, this national institute draws elite officials…

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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; and
  • the 25 member New York State Moreland Commission to Investigate Public Corruption in a matter investigated by the Southern District of New York.