As a former senior official at the Antitrust Division of the U.S. Department of Justice, Kevin B. Hart has nearly 25 years of government experience involving all facets of criminal antitrust cartel investigations, prosecutions, and litigations, including federal criminal jury trials, corporate leniency applications, grand jury investigations, and compliance programs. Kevin was the "go to" prosecutor entrusted with supervising and litigating the Antitrust Division's most complex and high-profile cases.
During his various positions, Kevin supervised or led investigations or trials focusing in the financial services sector including cases involving municipal bonds, CDOs (collateralised debt obligations), foreign exchange, precious metals, and market manipulation. He also has significant experience with matters in the fintech, pharmaceutical, automotive, labor/"no-poach," petroleum/natural gas, shipping, government contracts, and insurance industries.
In addition to his vast criminal antitrust experience, Kevin worked at the Securities and Exchange Commission (SEC) and as a Special Assistant United States Attorney and routinely worked with other governmental and international enforcement agencies.
Having successfully led dozens of complex white collar criminal trials and investigations, Kevin is well positioned to provide practical antitrust counseling and assessing and mitigating potential risk.
Kevin is a frequent speaker on criminal 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 Speaking Engagements
- May 15, 2024
GCRLive Cartels 2024: "Where did the safe harbors go? Adrift in the sea of information sharing." - April 10, 2024
2024 ABA Antitrust Spring Meeting: Trial & Tribulations: Recent Criminal Antitrust Trials - 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, Steve Houck Antitrust Trial Training Academy
- 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 Section (2018-2022); Trial Attorney, Washington Criminal I Section (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)
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)