Overview
John S. (Jay) Darden is a partner in the Investigations and White Collar Defense practice at Paul Hastings, and is based in the firm’s Washington, D.C. office.
Mr. Darden has practiced law for over 20 years, both as a defense attorney and a federal prosecutor. He has recently been named by Law360 as an “MVP” for White Collar, and has been recognized in Chambers-USA, Chambers-Global, and Legal500/Latin America, where clients have said about Mr. Darden:
- “great ability to distill a complex situation into something that the client can manage effectively;”
- “a great ability to manage cross-border cases with media exposure;”
- “great in front of boards;” and
- “a very sophisticated and strategic lawyer.”
Mr. Darden and his work have also been recognized in Global Investigations Review, The American Lawyer, Latin Lawyer 250, Law360, Just Anti-Corruption, and Who’s Who Legal: Investigations, and he has been named as a Washington D.C. “Super Lawyer” for more than ten years in a row.
Over the last several years, Mr. Darden’s practice has focused on defending companies and individuals in investigations by the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) under the Foreign Corrupt Practices Act (FCPA). In addition to defending against U.S.-based investigations, Mr. Darden assists companies by coordinating U.S. investigations with parallel investigations by foreign authorities, resulting in lower costs, less publicity, and more finality for clients, as well a reduction in the risk of paying twice for the same conduct. Mr. Darden provides clients with anti-corruption compliance advice and represents companies in connection with both DOJ/SEC-appointed monitorships and self-monitorships. Mr. Darden also counsels companies on issues that often flow from large government resolutions, such as negotiations with outside auditors, related civil litigation, and interactions with multilateral development banks (MDBs).
Mr. Darden’s public, high-profile FCPA representations include ABB Ltd. (Switzerland); Braskem S.A. (Brazil); Embraer (Brazil); Alstom S.A. (France); TechnipFMC plc (U.K.); and Orthofix (U.S.). Paul Hastings has received substantial industry recognition for its work on these matters, including honors such as “Most Impressive Investigations Practice of the Year,” “White Collar Group of the Year, “Compliance Group of the Year,” and “Global Dispute of the Year/Latin America.” Mr. Darden also has been successful in obtaining DOJ and SEC declinations for FCPA-related clients.
Mr. Darden’s non-FCPA clients are typically the targets of high-profile, Washington-based investigations. Examples include U.S. government contractors and health care providers accused of submitting false claims, a news reporter subpoenaed for the identities of his confidential sources, a congressional campaign committee who was defrauded by its former treasurer, and a political consultant accused of defrauding a gubernatorial campaign. He also routinely represents high-level executives and high-net-worth individuals under investigation by the U.S. government in accounting fraud, FCPA, health care, export controls, false statements, and other white collar matters.
As a prosecutor, Mr. Darden served in the Justice Department as an Assistant Chief of the Criminal Division’s Fraud Section, where he worked on FCPA, bank fraud, insurance fraud, money laundering, and false statement matters. During his time at DOJ, Mr. Darden was one of only a handful of federal prosecutors to try multiple health care fraud cases to verdict in multiple districts, including Miami, Houston, and Los Angeles. In addition, he trained prosecutors and agents in health care fraud and abuse matters at the Justice Department’s National Advocacy Center. For his work as a prosecutor in healthcare fraud matters, Mr. Darden received the Attorney General’s Award for Distinguished Service.
Prior to attending law school, Mr. Darden worked on Capitol Hill for three years as an aide to former U.S. Senator Sam Nunn of Georgia.
Education
- University of Virginia School of Law, J.D., 1999 (Managing Editor of the Virginia Law Review)
- Washington and Lee University, B.A., in Politics, cum laude, 1993
Representations
In Private Practice
- Lead and co-lead counsel in defense of multiple publicly-traded companies in high-profile resolutions of DOJ, SEC, and overseas investigations involving conduct in the Bahamas, Brazil, Egypt, Equatorial Guinea, Germany, Ghana, Indonesia, Saudi Arabia, South Africa, Switzerland, Taiwan, and other countries.
- Lead and co-lead counsel conducting internal investigations for multiple public and non-public companies into possible FCPA violations in Argentina, Brazil, China, Qatar, Malaysia, Mexico, Thailand, Venezuela, and other countries.
- Lead and co-lead counsel securing declinations from DOJ and/or SEC in FCPA investigations involving conduct in Afghanistan, Brazil, China, and other countries.
- Lead and co-lead counsel representing companies based in the U.S., Brazil, France, and Switzerland in connection with worldwide anti-corruption compliance monitorships and self-monitorships imposed as part of the resolution of FCPA investigations.
- Lead counsel representing numerous executives and employees individually in DOJ and SEC investigation of alleged FCPA violations.
- Lead counsel representing founder of private company in investigations by DOJ and the Department of Commerce (BIS) for alleged export violations.
- Lead counsel representing a reporter subpoenaed by the DOJ for testimony and documents identifying confidential sources.
- Lead counsel representing employees of private equity company in DOJ and SEC investigation of alleged accounting fraud.
- Counsel to board of directors of a publicly-traded company in connection with DOJ and SEC investigations of alleged FCPA violations in Mexico.
- Co-lead counsel representing a company under investigation for alleged violations of the False Claims Act.
- Co-lead counsel representing the board of directors of a hospice company under investigation for alleged violations of the False Claims Act.
- Lead counsel representing a current executive of a pharmaceutical company under investigation for alleged violations of the False Claims Act based on kickbacks and off-label marketing.
- Lead counsel representing a former executive of a hospital company under investigation for alleged violations of the False Claims Act.
- Lead counsel representing current and former executives of a dialysis company under investigation for alleged violations of the False Claims Act.
- Counsel in defense of a hospital and physicians in a federal civil False Claims Act case alleging fraudulent Medicare billings and whistleblower retaliation.
- Co-lead counsel representing a congressional campaign committee in connection with the DOJ’s and the Federal Elections Commission’s (FEC) investigations of embezzlement by a former campaign treasurer.
- Counsel representing a member of Congress in an investigation by the Office of Congressional Ethics (OCE).
- Counsel in defense of a former controller of a publicly-traded company in an accounting and securities fraud investigation.
- Co-trial counsel in a civil fraud and conspiracy action against corporate and individual defendants resulting in an $8 million jury verdict in favor of client.
In Government
- Lead counsel in the prosecution of worldwide FCPA violations by a non-U.S. company resulting in corporate deferred prosecution agreements, corporate guilty pleas, combined criminal and civil penalties of $185 million, and a three-year monitorship of the parent company’s FCPA compliance program and related internal controls, and books and records.
- Co-lead counsel in an investigation of allegations of fraud in connection with post-disaster claims under the National Flood Insurance Program.
- Lead prosecutor in Medicare Fraud Strike Force take-downs of over 45 health care fraud defendants, and in charge of supervising investigations, grand jury presentations, plea negotiations, and trials.
- Lead counsel in an investigation of nationwide anti-kickback violations by the sales force of a publicly-traded pharmaceutical company.
- Co-counsel in an investigation of allegations of FCPA violations by a non-U.S. based company, working with the U.K.’s Serious Fraud Office.
Engagement & Publications
Mr. Darden is a frequent writer and speaker on white-collar issues. Recent speaking engagements and articles include:
- “FCPA Whistleblowers – Perspectives from the Defense and Plaintiffs,” PLI (2023)
- “Financial Crimes,” International Law Institute (2022)
- “Brazil’s Rising Enforcement and Fine Regime,” FRA Webinars (2021)
- Co-author, “Brazil’s Five-Year Anti-Corruption Plan: Takeaways for In-House Counsel and Anti-Corruption Lawyers,” Anti-Corruption Report (2021)
- “Anti-Corruption Enforcement Proceedings in Brazil and the U.S.,” Brazil-US Under 40 White Collar Initiative (2021)
- “Brazil’s Rising Enforcement and Fine Regime,” Forensic Risk Alliance Webinar (2021)
- “Ethical Leadership and Economic Development: Ethics in Monitorships,” Laboratório Internacional do ComplianceLab (2020)
- “Challenges and Opportunities: Views from the Defense Perspective,” Latin Lawyer-GIR Interactive Anti-Corruption & Investigations (2020)
- “The Prosecutor’s Perspective: Interactive Compliance Seminar,” International Anti-Corruption Academy (2019)
- “Anti-Corruption Panel Discussion,” ABA International Section Conference (2019)
Involvement
- Past member, Law360 White Collar Editorial Advisory Board
- Past member, Alumni Council, Washington & Lee University/Williams School
- Class Manager, University of Virginia/School of Law