As a former senior official at the Antitrust Division of the U.S. Department of Justice, Kevin B. Hart brings nearly 25 years of government experience handling all aspects of antitrust cartel enforcement, including cartel investigations, prosecutions, jury trials, leniency applications, grand jury proceedings, and compliance programs. He was the Division's "go to" prosecutor entrusted with supervising and litigating its most complex and high-profile matters.
Kevin has supervised or led investigations or trials focusing in the financial services sector, including cases involving municipal bonds, CDOs (collateralized debt obligations), foreign exchange, precious metals, and market manipulation. His experience also spans a wide range of industries, including fintech, pharmaceutical, automotive, labor/"no-poach," petroleum/natural gas, shipping, government contracts, and insurance industries.
Beyond antitrust, Kevin has significant white collar experience having served at the Securities and Exchange Commission (SEC) as well as a Special Assistant United States Attorney for several years focusing on securities fraud violations. Having successfully led dozens of complex white collar trials and investigations, Kevin is well positioned to provide practical counseling and assessing and mitigating potential risk.
Kevin is a frequent speaker on antitrust and litigation issues. He currently serves as chair of the Criminal Antitrust Subcommittee for the ABA's Litigation Section and vice chair of the Antitrust Law Section's Cartel and Criminal Practice Committee for the New York State Bar Association. He also serves as a non-governmental advisor (NGA) for the International Competition Network (ICN).
Experience
The following represents experience acquired prior to joining Jones Day.
While at the Department of Justice (DOJ) and the Securities and Exchange Commission, (SEC), led, managed, or supervised hundreds of government enforcement investigations, many of which were cross-border.
First chaired the second retrial of a case involving allegations of price-fixing and bid-rigging between and among senior level executives at food producers. United States v. Penn, 20-cr-152 (PAB) (D. Colo.).
First chaired four-week trial resulting in the criminal conviction of a foreign exchange (FX) trader employed at a major international financial banking institution for violating the Sherman Act and manipulating the market. Five banks agreed to pay $2.5 billion in criminal fines in connection with this investigation. United States v. Aiyer, 18-cr-333 (JK) (S.D.N.Y.).
Led federal jury trials that resulted in six convictions for fraud and antitrust violations involving the investment and reinvestment of proceeds of tax-exempt municipal bonds. Key contributor to global settlement of five financial services companies that entered into settlements and agreed to pay more than $600 million in restitution, penalties, and disgorgement. United States v. Rubin/Chambers, Dunhill Insurances Services, Inc., 09-cr-1058 (VM) (S.D.N.Y.) and United States v. Carollo, 10-cr-654 (HB) (S.D.N.Y.).
Successfully prosecuted four securities brokers during nine-week trial who orchestrated two investment fraud schemes that targeted elderly and unsophisticated investors and defrauded 700 victims out of $23 million. United States v. Topping, 16-cr-20715 (MGC) (S.D. Fla.).
Successfully prosecuted broker who managed a boiler room that pressured more than 200 elderly investors into purchasing stock in two companies. The broker claimed that the company had a contract with the NFL to use a green laser line to measure first downs on the football field visible to players and fans in the stadium, as well as television viewers. United States v. Eratostene, 15-cr-20565 (KMW) (S.D. Fla.).
Additional Publications
- May 9, 2025
Antitrust 101 Podcast: Criminal Antitrust Enforcement in U.S. v. Gypsum Co., 438 US 422 (1978)
Additional Speaking Engagements
- May 27, 2025
New York State Bar Association Webinar, "Resurgence or Rhetoric? Criminal Antitrust Enforcement during the Biden Era and Beyond" - May 18-20, 2025
New York State Bar Association, Antitrust Trial Academy - January 16, 2025
New York State Bar Association, Antitrust Section's Annual Meeting, Resurgence or Rhetoric?: Criminal Antitrust Enforcement during the Biden Era and Beyond - June 6, 2024
ABA Litigation Section, Antitrust Committee, Moderated View From the Bench panel with Hon. Frank Easterbrook and Hon. Julius Richardson. - May 20-22, 2024
New York State Bar Association, Examination of Experts Training Academy - May 15, 2024
GCRLive Cartels 2024: Where did the safe harbors go? Adrift in the sea of information sharing - April 18, 2024
Strafford Webinar: New FTC and DOJ Guidance on Ephemeral Messaging - April 10, 2024
2024 ABA Antitrust Spring Meeting: Trial & Tribulations: Recent Criminal Antitrust Trials - March 7. 2024
Level Legal Webinar: What's Brewing in Antitrust - June 7, 2023
GCRLive: Cartels 2023, So, you want to build a cartel case? What works, what doesn't, and recent investigative trends - May 22-24, 2023
New York State Bar Association, Antitrust Trial Training Academy
"Kevin has very helpful DOJ insight and will do whatever it takes to get the job done."The Legal 500
- Albany Law School (J.D. 1999); Dickinson College (B.A. in History 1990)
- District of Columbia and New York
- Served in the following governmental positions: United States Department of Justice: Antitrust Division: Acting Co-Director of Litigation (2022-2023); Assistant Chief, Washington Criminal I (2018-2022); Trial Attorney, Washington Criminal I (2014-2018); Special Assistant to the Directors of Enforcement (2004-2006); and Trial Attorney, New York Office (1999-2004; 2006-2012); United States Attorney's Office: Special Assistant U.S. Attorney (Miami, Florida, 2014-2017) and (Albuquerque, New Mexico, 2010-2011); Securities and Exchange Commission: Senior Counsel, Division of Enforcement (2012-2014); and The White House: Lead Advance Representative (1991-1993)
The Legal 500: recognized lawyer in cartels (2024)
Recipient of numerous governmental awards and recognitions, including:
Attorney General's Award for Distinguished Service (2019)
Assistant Attorney General Award of Distinction (2022 [2X], 2019, 2018, 2016, 2015, 2012)
FBI Service Award (2017)
Council of the Inspectors General on Integrity and Efficiency (CIGIE) Award of Excellence (2021, 2018)
IRS Award for Excellence (2014)
Antitrust Division's Hugh Morrison Jr. Award for long-term litigation excellence and work ethic (2020)