Breon S. Peace’s practice focuses on white-collar defense, regulatory enforcement matters and complex civil litigation.

He regularly conducts sensitive internal investigations on behalf of boards of directors and management of leading corporations. Breon represents domestic and multinational corporations and business executives in regulatory and criminal investigations involving allegations of accounting fraud, securities fraud, insider trading, money laundering and violations of the Foreign Corrupt Practices Act. He also advises boards of directors and audit committees on corporate governance issues and compliance programs. Breon frequently handles matters involving the U.S. Securities and Exchange Commission, various U.S. Attorney Offices, the Department of Justice and FINRA. In addition, he represents corporations, officers and directors in complex commercial litigation matters.

Breon joined the firm in 1996 and became a partner in 2007. He left the firm in 1999 to join the U.S. Attorney’s Office for the Eastern District of New York where he served as an Assistant U.S. Attorney. In that position, he handled a wide array of federal criminal investigations and prosecutions trying cases to verdict and arguing appeals before the U.S. Court of Appeals for the Second Circuit. From August 2002 to July 2003, Breon was an Acting Assistant Professor of Clinical Law at New York University School of Law where he taught the Prosecution Clinic. He rejoined the firm in September 2003.

Notable Experience

Because of the nature of Breon’s assignments, many of his successful matters have not resulted in public charges and remain confidential.

  • BHP Billiton, Vale and Samarco to conduct the external investigation into the cause of the breach of the Fundão tailings dam.

  • A former executive of Avon Products Inc. in connection with the DOJ’s FCPA investigation of that company and other multinational corporations and individuals in corruption investigations.

  • A significant hedge fund in connection with a review of its anticorruption compliance program.

  • A major financial institution in a DOJ criminal money laundering investigation.

  • IMAX Corporation in SEC investigations into alleged accounting fraud and related class action litigation. The SEC declined to pursue charges against IMAX.

  • Doral Financial Corporation in SEC and DOJ investigations, and civil litigation, arising out of earnings restatements.

  • BNP Paribas in litigation arising from the Madoff Ponzi scheme, including “clawback” litigation by the bankruptcy trustee and litigation by the Fairfield feeder funds.

  • Many clients in insider trading investigations that focus on trading in advance of particular transactions or announcements.

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Selected Activities

  • Appointed by the Honorable Nicholas Garaufis of the U.S District Court for the Eastern District of New York to serve as a Special Master in the U.S. and The Vulcan Society, Inc., et al. v. City of New York discrimination case involving the Fire Department of the City of New York
  • Vice President; Member, Second Circuit Courts Committee, Federal Bar Council
  • Member, New York Council of Defense Lawyers
  • Member, White Collar Crime Committee, New York City Bar Association
  • Member, Criminal Justice Act Advisory Committee, U.S. Court of Appeals for the Second Circuit

Publications

CFTC Approves Amendments to Whistleblower Rules Including Significant Enhancements of its Anti-Retaliation Protections,” co-author, Cleary Gottlieb Alert Memorandum, May 25, 2017. 

Ethical Considerations When Outside Counsel Conduct Internal Investigations,” Breon S. Peace, Elizabeth Vicens and Sue S. Guan, Westlaw Journal White-Collar Crime, February 2015, pp. 3-6.

Ex-Duane Reade CEO Case A Model For VWPA Restitution,” Lewis J. Liman and Breon S. Peace, Law 360, October 8, 2014.

Why Financial Statements Matter: Enforcement and Litigation Implications,” Breon S. Peace, Jonothan S. Kolodner, and Tamara J. Britt, The Banking Law Journal, October 2013, pp. 794-812.

A Timely Update on Recovering Legal Fees And Costs Through Criminal Restitution,” Lewis J. Liman, Breon S. Peace, and Benjamin J.A. Sauter, The White Collar Crime Report, Vol. 08, No. 08, April 19, 2013, pp. 1-5.

“The New FCPA Guidance: Key Points for CCOs” Breon S. Peace and Jonathan Kolodner, Compliance Reporter, December 3, 2012, pp. 10-11.

“The FCPA Statute of Limitations—a Way Out for Wal-Mart?” Breon S. Peace, Ryan T. Becker and Elizabeth M. Hanly, The United States Law Week: Case Alert and Legal News, September 25, 2012, pp. 433-441.

“Unanswered Questions: The SEC v. Urban Case Creates Significant Uncertainty Around In-House Counsel’s Liability as Supervisors,” Giovanni Prezioso, Breon S. Peace, and Steven A. Haidar, International Financial Law Review, April 2012.

“Recovering Legal Fees and Costs Through Criminal Restitution,” Lewis J. Liman, Breon S. Peace, and Benjamin J.A. Sauter, The White Collar Crime Report, Vol. 04, No. 02, January 16, 2009, pp. 47-52.

The Impact Of EU Data Protection Laws On U.S. Government Enforcement Investigations,” Breon S. Peace and Jennifer Kennedy, The International Adviser and The Lawyer’s Brief, June 2008.


Events

  • Participated on a panel entitled “Cross-Border Investigations: Navigating an Increasingly Challenging Landscape,” hosted by the Association of Corporate Counsel in Zurich, Switzerland, June 13, 2017.  
  • Participated on a panel entitled “Whistleblower Psychology,” at the New York City Bar Association’s 6th Annual White Collar Crime Institute, May 11, 2017.
  • Speaker at the “Ethical Considerations for Corporate Investigations: Views From All Sides” event, hosted by The New York City Bar Association, September 21, 2016.
  • Participated on a panel entitled “Dealing with Compliance, Corruption Issues,” at Latin Lawyer’s 6th Annual M&A Conference in Rio de Janeiro, Brazil, December 4, 2015.
  • Participated on a panel at a conference entitled “The Anticorruption Law’s first year: lessons, regulatory trends, and preventive strategies,” in São Paolo, Brazil, November 5, 2014.
  • Participated on a panel entitled “Assessing the Regulators: Enforcement,” at Latin Lawyer’s 3rd Annual Corporate Finance Conference in São Paolo, Brazil, March 27, 2014.
  • Participated on panels entitled “Ethical Considerations for Corporate Investigations” (September 15, 2011; September 29, 2014; and September 10, 2015); “Anatomy of a Trial: Tips & Strategies To Win Your Cases” program (November 14, 2013); “Securities Enforcement Update: Department of Justice Investigations and Prosecutions” (June 9, 2011); and “Standards for Prosecuting Corporate Fraud by Federal & State Agencies—The Impact of the Revised Justice Department Charging Guidelines,” (June 23, 2009) for the New York City Bar.
  • Presented on “Financial Statements in Legal Practice: Enforcement and Litigation Implications and Recent Cases,” as part of PLI’s How to Read Financial Statements April 2013, March 2014 and April 2015 CLE programs.
  • Participated on a panel discussion on “Direct Examinations” at the Honorable Theodore T. Jones, Jr. Trial Advocacy Workshop presented by the Metropolitan Black Bar Association (MBBA), Saturday, April 13, 2013.
  • Participated on a panel entitled “Pro Bono: Personal Commitment or Professional Obligation?” sponsored by the New York University Law Review, April 11, 2013.
  • Participated on the “Enforcement and Compliance” panel at PLI’s Tenth Annual Directors’ Institute on Corporate Governance, September 12, 2012.
  • Participated in the Conference Board’s Corporate Governance and Compliance Crash Course and presented on the Foreign Corrupt Practices Act and U.K. Bribery Act: “What Do They Mean for Board Oversight?” June 9, 2011.