Partner - Litigation
Fried, Frank, Harris, Shriver & Jacobson LLP
Ilan T. Graff is a litigation partner in Fried Frank's White Collar Defense, Regulatory Enforcement & Investigations Practice, resident in the New York office.
Mr. Graff represents clients in connection with a wide range of white-collar matters, regulatory and internal investigations, and complex commercial litigation.
Prior to joining Fried Frank in 2022, he served for ten years in the United States Attorney's Office for the Southern District of New York, most recently as the Deputy United States Attorney, overseeing the litigation of all criminal and civil cases brought on behalf of the United States in the Southern District and supervising more than 400 lawyers, paralegals, investigators, and staff across the Office's Criminal and Civil divisions. During his decade at the SDNY, Mr. Graff spearheaded a series of high profile cases, including criminal matters involving violations of securities laws and international sanctions, financial and other fraud, national and cyber security, and public corruption, as well as civil matters such as False Claims Act investigations and litigation. His work routinely required close coordination with a host of domestic and international law enforcement and regulatory authorities. Mr. Graff also served as Co-Chief of the General Crimes Unit and Co-Chief of the Terrorism & International Narcotics Unit. He has extensive trial experience, having served as counsel on nine federal jury trials.
Upon graduation from law school, Mr. Graff served as a law clerk to then-Chief Judge Sandra L. Lynch on the US Court of Appeals for the First Circuit and Judge Allyson K. Duncan on the US Court of Appeals for the Fourth Circuit.
Practice Areas
Admissions
- New York
Education
- Harvard University J.D., 2009, cum laude, Editor Harvard Law Review
- Harvard College, B.A., 2005, cum laude
Recent Articles & Comments
The SEC's emphasis on the company's efforts to recover compensation as a mitigating factor are consistent with its recently adopted rule ("Listing Standards for Recovery of Erroneously Awarded Compensation"). The rule mandates that public companies announce and disclose policies providing for the recovery of incentive-based compensation awarded based on misstated financials. The DOJ also recently highlighted a company's clawback of compensation linked to misconduct as an important factor in…
The SEC reported the company’s fine was the largest-ever settlement for a Reg FD violation. The fact that defendants felt the need to lie to at least some analysts, and falsely claim they were sharing public information, speaks to the strength of analysts’ compliance norms, and their sensitivity to acquiring potential MNPI.
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This resolution comes less than a week after the leadership of the DOJ's Criminal Division affirmed the DOJ's commitment to robust FCPA enforcement, and previewed "several more resolutions announced in the coming months." Given the DOJ's recent emphasis on individual prosecutions (a theme underscored in the Criminal Division's acting principal deputy's FCPA remarks), expect to see charges against individuals as part of similar enforcement actions in the near term.
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The SEC's Enforcement Director has spoken at length about "affirmative behavior" as a pre-requisite for cooperation credit, highlighting, among other things, self-reporting, remediation and advocacy that "meaningfully illuminate[s] events." The absence of a fine as part of this resolution, despite the SEC's determination that the company had repeatedly engaged in improper accounting, strikingly illustrates the staff's commitment to incentivizing timely and robust cooperation.
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