Mark A. Racanelli

Partner

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Mark A. Racanelli has extensive experience in white collar, regulatory, criminal and civil antitrust, and a wide-range of general commercial matters, as a counselor and trial attorney. He has represented individuals and companies in various criminal and regulatory enforcement matters, including investigations handled by the United States Attorney’s Offices in the Southern and Eastern Districts of New York, the U.S. Department of Justice, the New York State Attorney General’s Office, the Manhattan District Attorney’s Office, the SEC and FINRA.

Before joining O’Melveny, Mark served as an Assistant U.S. Attorney in the United States Attorney’s Office for the Southern District of New York for five years. During that time, Mark prosecuted a variety of criminal cases—including fraud, money laundering and RICO cases—handled complex grand jury investigations and tried numerous cases to verdict, including trials involving RICO and money laundering charges. In 2005, Mark was an Acting Chief of the General Crimes Unit at the U.S. Attorney’s Office.

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Corporate & Government Experience

  • Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of New York
  • Acting Chief, General Crimes Unit, U.S. Attorney’s Office, Southern District of New York

Admissions

Bar Admissions

  • New York 

Court Admissions

  • US District Court, Eastern, Northern, and Southern Districts of New York
  • US Court of Appeals, Second Circuit 

Education

  • Georgetown University, J.D., 1993: magna cum laude; Articles Editor, Georgetown Law Journal (1992-1993)
  • Georgetown University, B.S.F.S., 1990: magna cum laude

Professional Activities

Publications

  • “DOJ’s New ‘Carve-Out’ Policy: Is It An Improvement?” Corporate Counsel, co-authored with Howard Heiss and James Miller (January 29, 2014)
  • “Taking the Fifth in Government Investigations: Does the Adverse Inference Doctrine Apply?” Bloomberg White Collar Crime Law Reports, Vol. 1, No. 1, co-authored with Howard Heiss (July 2009)
  • “On Government Suppression of Defense Testimony,” New York Law Journal, co-authored with Howard Heiss (July 3, 2007)
  • “Can An Employee’s Proffer Be Used Against the Company?” New York Law Journal, co-authored with Howard Heiss (June 27, 2006)
  • “Criminal Antitrust Enforcement: Will States Take the Plunge?” The ABA Antitrust Counselor, Vol. 2.6 (April 2006)
  • “Bugs in the Boardroom? Congress is Poised to Allow Wiretapping in Federal Antitrust Investigations,” The Antirust Source, Vol. 5, Issue 3 (January 2006)
  • “Senate to Consider Broadening Wiretap Law in Antitrust Cases,” New York Law Journal (October 24, 2005)
  • “Refusals to Deal in the Context of Network Joint Ventures,” 52 Bus. Lawyer 531, co-authored with William H. Pratt and James D. Sonda (1997)
  • “State and Federal Antitrust Enforcement in the United States: Collision or Harmony?” 9 Conn. J. Int’l. L. 499, co-authored with Donald L. Flexner (1994)

Trial Work

  • Representing a former employee of a major financial institution in a three-week criminal trial in the Southern District of New York against the Department of Justice, in connection with DOJ’s investigation of the municipal bond derivative instruments industry; and
  • Representing a national concert promoter in a six-week civil trial against Suffolk County in the Eastern District of New York, prosecuting federal civil rights claims for an unconstitutional denial of a mass gathering permit.

White Collar and Internal Investigations

  • Represented corporations and individuals in a range of white collar investigations and prosecutions, including those focused on antitrust, FCPA, insider trading, market manipulation and securities fraud and anti-money laundering.
  • Conducted numerous corporate internal investigations relating to criminal and regulatory issues, including issues arising under the Foreign Corrupt Practices Act and criminal antitrust issues.

Antitrust Litigation & Counseling

  • Many antitrust litigation and counseling matters, including monopolization, price-fixing, market allocation, dealer termination, unfair trade practices, predatory pricing and retail price maintenance cases. Represented both plaintiffs and defendants in civil antitrust litigation, including defendants in multi-district class actions.

Theft of Trade Secrets and Misappropriation of Confidential Information

  • Litigated and conducted investigations concerning theft of trade secrets and misappropriation of confidential competitive information.

Appellate Experience

  • Mark has argued numerous cases before the United States Court of Appeals for the Second Circuit.