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Brian L. Howard II
Brian L. Howard II
Counsel — Government Investigations & White Collar Criminal Defense
E: bhoward@velaw.com T: +1.202.639.6620
VCard BIO PDF
Counsel — Government Investigations & White Collar Criminal Defense

Brian L. Howard II

Brian L. Howard II
Washington, D.C.
T: +1.202.639.6620
F: +1.202.879.8857

2200 Pennsylvania Avenue NW
Suite 500 West
Washington, D.C. 20037

E: bhoward@velaw.com
VCard BIO PDF
Brian L. Howard II

Brian’s practice focuses on helping clients manage their compliance risks, as well as conducting internal investigations and defending clients in investigations brought by U.S. and international regulators and in related litigation.

Brian leverages his prior 10 years of progressive law enforcement experience as he routinely conducts complex, high-stakes investigations and defends corporate and individual clients in matters related to compliance with the U.S. Foreign Corrupt Practices Act (FCPA), anti-money laundering laws, securities and antitrust laws, procurement fraud, and other criminal laws and regulations. He regularly represents clients before various United States’ Attorneys Offices, the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Federal Trade Commission (FTC), the Commodity Futures Trading Commission (CFTC), and other regulatory bodies. Brian’s clients come from many diverse industries, including the banking, chemical, energy, manufacturing, retail, and technology sectors.

Brian’s practice also involves extensive risk mitigation and compliance counseling. Brian uses his deep technical background and his experience with clients in a variety of industries to help clients understand their anti-corruption and anti-money laundering risks, and how those risks can be most efficiently mitigated using the client’s available resources and the ever-evolving array of technical tools available. Whether evaluating the effectiveness of pre-existing compliance programs or designing new programs, Brian helps clients conduct risk assessments, develop and adopt compliance policies, identify pre-existing practices that can be incorporated into compliance, and train boards of directors, senior executives, and relevant stakeholders. Brian also advises clients on compliance risks associated with investments, acquisitions, and financings.

Brian’s expertise has been recognized in multiple regional and national-level forums. Brian serves as the Vice Chair for Technology and Communications for the American Bar Association’s International Law Section, International Anti-Corruption Committee. Since 2021, Brian has also been a co-author of the Foreign Corrupt Practices Act section in the widely read Successful Partnering Between Inside and Outside Counsel treatise, a joint project between Thomson Reuters Westlaw™ and the Association of Corporate Counsel. In 2022, Brian was recognized by Super Lawyers as one of the Washington, D.C. Rising Stars – a distinction limited to less than 2.5% of the lawyers admitted in each state.

Experience Highlights

  • Conducted internal investigation of multinational oil and gas company related to DOJ, SEC, and Brazilian “Operation Car Wash” FCPA investigation of Brazilian state-owned petroleum company, Petrobras 

  • Defended U.S. energy services, technology, and research company in connection with DOJ and SEC FCPA investigation concerning Monaco-based company Unaoil; following internal investigation and presentations to regulators on company’s behalf, both DOJ and SEC closed their investigations with no action taken against client

  • Represented former high-level engineer of German automaker in connection with DOJ, EPA, CARB, and German investigation concerning the alleged concealment of illegal defeat devices designed to circumvent diesel emissions standards in violation of the Clean Air Act and similar European environmental laws

  • Represented current and former employees of pharmaceutical manufacturer in DOJ antitrust investigation concerning allegations of price fixing and market allocation in the generics pharmaceutical industry

  • Defended multi-billion-dollar defense contractor in DOJ criminal investigation relating to allegations of SBA fraud and bid rigging; client obtained criminal declination and favorable no-admit, no-deny civil settlement 

  • Represented current and former employees of multinational investment bank and financial services company in DOJ, SEC, and FCA investigation of potential FCPA and securities violations related to sovereign loans made to South African nation

  • Defended former executive of non-profit charter school in related federal criminal investigation and civil litigation initiated by D.C.’s Office of the Attorney General concerning allegations of Medicaid fraud, theft, and improperly diverting funds from a not-for-profit corporation for personal benefit; all criminal charges were declined and a favorable civil settlement was reached

  • Assisted globally-focused SEC-registered investment advisor and private equity fund with the design and implementation of the fund’s, and 20 of its portfolio companies’, anti-corruption risk management policies and compliance programs; annually train directors, executives, employees, and agents regarding U.S. and foreign anti-corruption laws and risk mitigation strategies; conduct pre-acquisition/pre-investment anti-corruption due diligence; perform periodic audits of compliance with anti-corruption policies

  • Defended former executive of U.S.-based oil exploration company in connection with DOJ investigation into alleged FCPA violations in West African country 

  • Successfully defended client in an investigation by the FTC relating to the cyber breach and public release of data associated with millions of user accounts, and helped client remediate its data security practices; FTC declined to pursue charges

  • Advised multiple clients on regulatory risks related to accepting, mining, transacting, or lending cryptocurrencies, as well as supporting such operations through joint ventures, power supply agreements, or other arrangements

Credentials

  • University of Michigan Law School, J.D. cum laude, 2013 (Contributing Editor, Michigan Law Review)
  • American Military University, M.A., Criminal Justice, 2009
  • American Military University, B.A., Criminal Justice with honors, 2006
  • Selected to the Washington, DC Rising Stars list, Super Lawyers (Thomson Reuters), 2022 and 2023
  • Member: American Bar Association; Bar Association of the District of Columbia; Virginia Bar Association
  • Virginia
  • District of Columbia
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. District Court for the District of Columbia
  • Supreme Court of the United States
  • “Responding to the Inevitable: Common Mistakes in Cyberattack Planning and Responses,” V&E Cybersecurity and Data Privacy Insights E-communication, June 14, 2017 (co-author)
  • “The UK’s Serious Fraud Office Successfully Chips Away Privilege Protections in the Investigations Context,” V&E FCPA & Global Anti-Corruption Update E-communication, May 24, 2017 (co-author)

News & Insights

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DOJ Warns Against Unintelligent Use of Artificial Intelligence
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April 2, 2024
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The Corporate Transparency Act - NSBU v. Yellen

V&E CTA Update

Regulatory Roundup
March 12, 2024
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February 29, 2024
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