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Michael L. Spafford

Partner, Investigation & White Collar Defense

michaelspafford@paulhastings.com
Washington, D.C.+1 202 551 1988

Michael Spafford is a partner in the Investigations & White Collar Defense practice at Paul Hastings and is based in the firm’s Washington, D.C. office.

Michael’s practice focuses on white-collar criminal defense, government investigations, regulatory enforcement, internal investigations and related litigation. He has represented financial institutions, funds and other companies, as well as individual clients in numerous high-profile government investigations and parallel litigation involving alleged violations of the federal securities, commodities and banking laws, price fixing and collusion, fraud and manipulation, tax, accounting, trading offenses and the False Claims Act. Michael frequently represents clients before the DOJ, SEC, CFTC, FERC, FTC and other federal and state government authorities.

REPRESENTATIONS

  • A global financial institution in well-publicized, industry-wide cross-border investigations in several countries regarding potential irregularities in the setting of LIBOR interest rates, and related class actions.

  • Two former Barclays traders in connection with FERC investigation and enforcement action alleging manipulation of the California physical power markets to benefit related financial swaps. Obtained dismissal of Mr. Smith in a precedent-setting decision regarding FERC enforcement authority (FERC v. Barclays Bank PLC, No. 2:13-cv-02093, 2017 WL 4340258 (E.D. Cal. Sept. 29, 2017)), which led to a favorable Barclays settlement in which Ms. Levine paid no money, was not sanctioned, made no admissions and all claims against her were dismissed.

RECOGNITIONS

  • Derivatives and Futures Law, Criminal Defense: White-Collar, and Qui Tam Law

    The Best Lawyers in America

  • Spotlight Attorney, Band 1, Derivatives Enforcement

    Chambers Global (USA — Nationwide)

PUBLICATIONS

  • APRIL 15, 2015

PAST ENGAGEMENTS

  • “Ethics in Futures and Derivatives Law,” Futures Industry Association Law & Compliance 2022 Conference, Moderator (April 29, 2022); Webinar - Beyond Spoofing: What’s Next for CFTC and DOJ Enforcement, FIA Law & Compliance webinar, Speaker (May 19, 2022); “FERC Enforcement and Regulatory Update,” Futures Industry Association Forum: Commodities 2022, Moderator (June 22, 2022); “Looking Forward” panel (with SEC General Counsel and CFTC General Counsel), ABA Derivatives and Futures Law Committee winter meetings, Co-moderator (January 28, 2022); D.C. Bar Fireside Chat with SEC Commissioner Allison Herron Lee, hosted by the D.C. Bar Fintech Committee, Moderator (Jan. 18, 2022); D.C. Bar Fireside Chat with CFTC Commissioner Dawn Stump, co-hosted by D.C. Bar Derivatives and Futures Law and Fintech Law Committees, Co-moderator (Nov. 22, 2021); ABA Derivatives and Futures Law Committee Mid-Year Program, Co-Vice Chair (July 21-22, 2021); “AML Considerations for Security and Commodity Derivatives,” FIA Law & Compliance Webinar, Speaker (May 13, 2021); “Enforcement Trends,” FIA Law & Compliance Annual Conference 2021, Speaker (April 28, 2021); Regulatory Round-up Panel, ABA Derivatives and Futures Law Committee Virtual Winter Meeting 2021, Moderator (Jan. 29, 2021); CFTC Cryptocurrency Regulation: What’s Next?, Webinar, Panelist (Nov. 17, 2020); “Recent CFTC Enforcement Developments,” District of Columbia Bar Webcast, Moderator (Oct. 27, 2020); Navigating COVID-19 Relief Fraud, Webinar, Moderator (Oct. 1, 2020); “Sanctions and AML in the Digital Age,” Paul Hastings Virtual Anti-Money Laundering Summit, Moderator (Sept. 25, 2020); LIBOR Summit 2020, sponsored by the Center for Capital Markets Competitiveness and Greenpoint Financial, Speaker (April 29, 2020); The Center for Conflict Prevention and Resolution (CPR) Institute, Banking & Financial Services Committee, sponsored webinar on LIBOR transition, Speaker (April 27, 2020); Paul Hastings-sponsored LIBOR Transition Symposium, Speaker (Feb. 20, 2020); “Transaction Monitoring Challenges in the Next Decade,” Association of Certified Anti-Money Laundering Specialists, New York Chapter Event, Gabelli School of Business, Fordham University, Speaker (Jan. 30, 2020); Enforcement Developments, ABA Derivatives & Futures Law Committee Winter Meeting, Speaker (January 2020); “Crypto and Block Chain,” ABA Derivatives and Futures Law Committee Winter Meeting, Speaker (Jan. 25, 2019); “Blockchain and Cryptocurrencies: A Cross-Border Conundrum,” ABA Derivatives & Futures Law Committee Winter Meeting (January 2019), published in the Journal of Investment Compliance, Vol. 20, No. 3, at 10-19, Author (2019); “Recent Banking and Securities Enforcement And Litigation,” FMA’s 2018 Treasury and Capital Markets Legal and Legislative Issues Conference, Washington, D.C., Moderator (Oct. 18-19, 2018); “Private Litigation Workshop,” FIA Law and Compliance Conference, Washington, D.C., Speaker; “Spoofing, Manipulation, and Scienter in the Context of Post-Dodd-Frank Litigation,” Author (May 2018); “CFTC Enforcement,” 32nd Annual ABA National Institute on White Collar Crime, San Diego, California, Speaker; “The Interplay Among Spoofing, Manipulation, and Scienter in the Wake of Dodd-Frank,” Author (March 2018); ABA Business Law Section, Derivatives & Futures Committee Winter Meeting, Naples, Florida, Conference Co-Chair (Jan. 18-20, 2018); ABA Business Law Section, Derivatives & Futures Committee Winter Meeting, Naples, Florida, Conference Co-Chair (Jan. 19-21, 2017); Enforcement Action Cases: Spoofing, Disruptive Trading Practices and CFTC’s Anti-Evasion Rule, ACI Swaps & Derivative Transactions Conference, Washington, D.C., Speaker (Dec. 1, 2016); Enforcement & Litigation Panel, ABA Derivatives & Futures Committee Winter Meeting, Naples, Florida, Moderator (Jan. 21, 2016); Preparing & Responding to Government Enforcement Actions, ACI’s Energy Trading Compliance Conference, Washington, D.C., Speaker (Nov. 16, 2015); Understanding Whistleblowing & Retaliation Claims, Japanese Chamber of Commerce International, New York, Speaker (Oct. 20, 2015); Direct Effect and Causation under FTAIA, Extraterritoriality of Antitrust Law in US and Abroad: A Hot Issue, George Washington University Law School, Washington, D.C., Speaker (Sept. 28, 2015); Enforcement Updates: Understanding the Nature of FERC Enforcement, CFTC’s Recent Focus and NFA Enforcement Initiatives, ACI’s Energy Trading & Compliance & Regulatory Enforcement Conference, Houston, Moderator (July 20, 2015); Trends in Enforcement, Energy Bar Association Annual Meeting, Washington, D.C., Moderator (May 5, 2015); Recent Developments in U.S. Antitrust Investigations and Litigation, Tokyo, Speaker (March 12, 2015); Trends in Enforcement & Litigation, ABA Derivatives & Futures Committee Winter Meeting, Naples, Florida, Moderator (Jan. 22, 2015); Current Issues in Energy Trading: The Regulation of Physical Commodity Traders, Energy Bar Association Annual Meetings, Washington, D.C., Speaker (April 8, 2014); U.S. Regulatory and Enforcement Update: Key Considerations for Asset Managers Under the CFTC and Dodd-Frank Regimes, ABA Webinar, Washington, D.C., Speaker (March 11, 2014); The Use of Scheme Liability in a Post-Janus Climate, ACI’s 3rd National Forum on Securities Litigation & Enforcement, Washington, D.C., Speaker (Feb. 27, 2014); Trends in Enforcement and Related Litigation, 2014 ABA Derivatives and Futures Law Committee Winter Meeting, Naples, Florida, Speaker (Feb. 6, 2014); The CFTC’s Global Enforcement Agenda: The Shape of Things to Come Under Dodd-Frank, Webinar, Washington, D.C., Speaker (Nov. 20, 2013); CFTC: The Not So New Kid on the Block That is Making Waves Anew, Eighth Annual National Institute on Securities Fraud, New Orleans, Speaker (Oct. 24, 2013); Current Civil Litigations and Enforcement Developments Involving Futures and Derivatives, L&C 2013, Futures Industry Association’s 35th Annual Law & Compliance Division Conference, Marriott Waterfront, Baltimore, Speaker May 10, 2013) Publications
    APRIL 15, 2015