Brian C.Rabbitt

Partner

Washington + 1.202.879.3866

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Brian Rabbitt is a litigator with extensive experience handling complex investigations, enforcement matters, and civil litigation at the highest levels of government. He represents clients in high-profile, high-stakes matters involving the Department of Justice (DOJ), Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), Congress, and state attorneys general, as well as in internal investigations. Brian has been recognized as a "White Collar Rising Star" by Law360 and a "D.C. Rising Star" by the National Law Journal.

Prior to joining Jones Day, Brian was the Acting Assistant Attorney General for the DOJ's Criminal Division, where he led hundreds of prosecutors responsible for investigating and prosecuting white collar cases (including securities, commodities, and health care fraud), Foreign Corrupt Practices Act (FCPA) violations, and money laundering (AML), public corruption, computer crime, intellectual property, and Bank Secrecy Act (BSA) matters. Under Brian's leadership, the Criminal Division resolved several of the largest and most significant corporate criminal matters in DOJ history; prosecuted billions of dollars in health care fraud; and led the federal government's response to COVID-19-related stimulus fraud.

Before heading the Criminal Division, Brian served as Chief of Staff to the Attorney General, in senior enforcement and policy roles at the SEC, and in the White House Counsel's Office, where he advised officials on investigations, congressional oversight, and financial regulatory policy matters. Brian began his career at a leading Washington law firm, where his practice focused on complex civil litigation in the United States and abroad and government investigations and enforcement matters.

Experience

  • U.S. financial institution successfully navigates House Oversight Committee investigationJones Day represented a U.S. financial institution in successfully navigating a high-profile investigation by the U.S. House of Representatives Committee on Oversight and Reform into the activities of politically sensitive clients.
  • U.S. Chamber of Commerce successfully challenges SEC buybacks ruleJones Day successfully represented the U.S. Chamber of Commerce in challenging a rule adopted by the Securities and Exchange Commission requiring public companies to disclose the reasons behind their decisions to engage in stock buybacks.
  • Bank board investigates third party risk management shortcomingsJones Day conducted an independent investigation for a bank's board of directors at the request of its primary federal banking regulator into potential shortcomings in third party risk management of a fintech partner.
  • Client obtains declination in CFTC Enforcement Division investigationJones Day obtained a declination from the CFTC Enforcement Division on behalf of an individual client who was under investigation for alleged retail foreign exchange ("forex") trading fraud and associated registration violations.
  • U.S. financial services company investigates alleged employee misconductJones Day assisted a leading U.S. financial services company in connection with an internal investigation into allegations of employee misconduct relating to regulatory recordkeeping requirements.
  • Virginia parents obtain injunction against mask mandate in Loudoun County public schoolsJones Day assisted Virginia parents in successfully challenging the Loudoun County School Board’s mask mandate, which required public school students to wear masks throughout the school day regardless of their parents’ wishes.
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    April 2024 Alert

    SEC Reaffirms Importance of Self-Reporting and Cooperation, but Benefits Remain Ambiguous

    February 2024 Commentary

    Supreme Court Holds Proof of Retaliatory Intent Not Required for Sarbanes-Oxley Whistleblower Claims

    February 2024 Alert

    SDNY Launches Whistleblower Pilot Program to Encourage Self-Disclosure of Criminal Conduct

    January 2024 White Paper

    SEC Enforcement in Financial Reporting and Disclosure: 2023 Year-End Update

    January 2024 Alert

    No Fair Notice, but a Fair Outcome: Fifth Circuit Rules Against CFTC for "Rulemaking by Enforcement"

    January 2024 White Paper

    FCPA 2023 Year In Review

    December 2023 Commentary

    The CFTC Proposes "Guidance" for Derivatives Markets on Listing Voluntary Carbon Credit Derivatives

    November 2023 Alert

    CFPB Seeks to Expand Regulatory Powers Over Consumer Payment Tech Entities

    OCTOBER 2023 Commentary

    Minor Revolution at the CFTC: New Enforcement Guidance Will Sharpen Settlement Terms

    October 2023 White Paper

    Considerations for Addressing DOJ's Corporate Compliance Guidance on Mobile Devices and Messaging Platforms
    View All

    Additional Publications

    • June 18, 2021
      White Collar Defense Do's and Dont's for Meetings with DOJ, Law360

    Additional Speaking Engagements

    • September 28, 2022
      IBRAC International Seminar on Compliance and Internal Investigations, panelist
    • June 23, 2022
      International Criminal Compliance Laboratory, Cryptocurrencies and AML Issues, panelist
    • June 17, 2021
      International Criminal Compliance Laboratory, Criminal Responsibility of the Compliance Officer, speaker
    • June 3, 2021
      ACI's Foreign Corrupt Practices Act New York: Unwritten Takeaways on Risk Mitigation and Investigations, speaker
    • April 29, 2021
      China General Chamber of Commerce: The Long Arm of the U.S.: The Reach of U.S. Courts Over Chinese Businesses, Panelist.
    • December 3, 2020
      ACI's 37th Annual International Conference on the Foreign Corrupt Practices Act, Keynote Address
    • November 20, 2020
      Shinshu University White Collar Crime Conference 2020, Opening Address
    • October 13, 2020
      ABA's London White Collar Crime Institute, Interview
    • September 23, 2020
      PLI's White Collar Crime 2020: Prosecutors and Regulators Speak, Keynote Address
    • July 14, 2020
      ACI's Foreign Corrupt Practices Act New York: The Criminal Division's Priorities: The Evaluation of Corporate Compliance Programs, Fraud Enforcement, and More
    • May 29, 2020
      PLI's Enforcement 2020: Perspectives from Government Agencies, Panelist

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