Timothy H. McCarten

Counsel

Washington, D.C.
timothy.mccarten@lw.com
+1.202.637.1036

PRACTICES

  • Complex Commercial Litigation
  • Congressional Investigations
  • Financial Regulatory
  • Litigation & Trial
  • Securities Litigation & Professional Liability
  • White Collar Defense & Investigations

INDUSTRIES

  • Energy & Infrastructure
  • Financial Institutions
  • Fintech
  • Healthcare & Life Sciences

BAR QUALIFICATIONS

  • District of Columbia
  • Virginia

EDUCATION

  • JD, University of Virginia School of Law,
    Development Editor,Virginia Law Review
  • BA, University of Pennsylvania,
    magna cum laude

PROFILE

Tim McCarten is counsel in the Washington, D.C. office of Latham & Watkins, where he is a member of the firm’s Litigation & Trial Department.

With more than a decade of white collar defense experience, Tim is a trusted advisor to scores of companies, senior executives, and other well-known individuals. Tim helps clients navigate government investigations, white collar criminal and civil litigation, internal corporate investigations, and other sensitive situations. He has broad experience before the US Department of Justice (DOJ), US Securities and Exchange Commission (SEC), US Congress, and a range of other US federal and state authorities.

Drawing on years of experience in high-profile global investigations, Tim has extensive experience in cross-border matters. Tim’s practice encompasses matters involving allegations of financial crimes or other misconduct, which frequently implicate the Foreign Corrupt Practices Act (FCPA) and similar anticorruption laws; securities laws; criminal tax laws; anti-money laundering (AML) laws; and the Foreign Agents Registration Act (FARA); as well as other federal laws and rules governing lobbying, campaign finance, and government ethics.

Complementing his government-facing investigations practice, Tim also regularly counsels companies, private equity firms, and investment firms on regulatory compliance, including in the context of transactional due diligence.

Tim received a law degree from the University of Virginia School of Law, where he served on the managing board of the Virginia Law Review. While in law school, Tim worked at the US Attorney’s Office for the Western District of Virginia, and served as a Governor’s Legal Fellow in the Office of Virginia Governor Timothy M. Kaine.

EXPERIENCE

Tim’s work reflects the caliber and complexity of his practice. He has represented clients in a range of matters, including:

Financial Institutions and Corporate Clients

  • Multiple leading Swiss financial institutions, in US authorities’ investigations of secret offshore accounts
  • Nissan Motor Co. Ltd. in DOJ and SEC investigations relating to alleged financial misconduct by Carlos Ghosn, Nissan’s former CEO and Chairman of the Board
  • An SEC-registered investment adviser in SEC investigations relating to crypto and other digital assets, as well as decentralized finance (DeFi) platforms
  • A hospital company in parallel DOJ criminal and civil False Claims Act matters, involving alleged violations of the federal Anti-Kickback Statute
  • A global financial institution in multi-jurisdictional investigations stemming from the Panama Papers and similar disclosures

Individuals

  • Hunter Biden in an investigation involving the US Attorney’s Office for the District of Delaware and DOJ’s Tax Division
  • An individual in investigations involving various DOJ offices and components, including the Public Integrity Section, the Fraud Section’s FCPA Unit, and the US Attorney’s Offices for the Southern and Eastern Districts of New York
  • An individual in the Special Counsel’s Office’s investigation into interference with the 2016 presidential election
  • Precious metals traders at a global bank in a DOJ spoofing investigation
  • An individual (the co-founder and former Chairman of a company) in an SEC investigation that culminated in charges against the company and another co-founder (no action pursued against client)

Civil Litigation and Disputes

  • Edmond de Rothschild (Europe) S.A. (EDR Luxembourg) in civil litigation in New York state court, Fortinvest Investments Holding S.A. SPF v. Oblonsky et al., Index No. 655263/2020 (Sup. Ct. N.Y. County), in which plaintiff sought more than US$100 million in damages from EDR Luxembourg. The Commercial Division of New York’s Supreme Court dismissed plaintiff’s complaint in its entirety, with prejudice, both to enforce a mandatory forum-selection clause and under the doctrine of forum non conveniens.