Marion Bachrach

Marion Bachrach is a veteran trial and appellate attorney in Holland & Knight's New York office. Ms. Bachrach focuses her practice on white-collar criminal defense, internal investigations, and complex regulatory and civil actions. She has litigated high-profile cases and has more than 30 years of experience handling complex criminal and civil litigation and investigations. She represents both institutional and individual clients and has considerable experience counseling professionals, including lawyers, executives, accountants and physicians. Her practice focuses on white-collar criminal defense, internal investigations for corporate and other entities, attorney disciplinary proceedings, regulatory enforcement, forfeiture proceedings and complex litigation.

For six years, Ms. Bachrach served as Assistant U.S. Attorney in the Eastern District of New York, where she held the additional positions of chief of general crimes and deputy chief of the criminal division and garnered extensive trial, appellate and supervisory experience.

Ms. Bachrach has taught for over a decade as an adjunct professor of law at Cornell Law School and as a lecturer in law at the Columbia Law School. She has also published a chapter in a leading treatise, Defending Federal Crimes, and articles in the New York Law Journal. She has also moderated webinars and participated in numerous panels on various topics, including white collar crime and parallel investigations by federal agencies.

Recent and past representations include:

• executives and doctors in federal and state investigations of healthcare billing fraud, including billing code and Medicare and Medicaid issues – no charges brought after investigations
• federal investigation and civil cases alleging sexual harassment and sexual assault, including allegations under the New York State's Adult Survivors Act (ASA), as well as allegations of employment retaliation against former pCo-resident of Fortune 500 company
• civil case against CEO of prominent couture company renowned for high fashion design, alleging discrimination and retaliatory termination
• executives, innocent spouses, and lawyers in criminal and civil forfeiture proceedings
• a partner of a major accounting firm accused of criminal tax fraud ultimately dismissed on constitutional grounds
• a former CFO indicted for bank fraud
• executives in an investigation of foreign corrupt practices under the Foreign Corrupt Practices Act (FCPA)
• lawyers accused of fraudulent conduct
• lawyers, accountants and executives accused of failure to file
• lawyers facing disciplinary charges
• internal investigation of a closely held corporation investigated for fraudulent business practices internal investigations of not-for-profit entities facing federal and state investigations
• executives, lawyers and brokers at a major investment bank in investigations into fraudulent trading practices
• the president and CEO of a corporation in a federal investigation into fraudulent sales practices
• a newspaper sued for reporting cooperation by a defendant convicted of federal offenses
• an off-Broadway theatre company threatened with an injunction barring presentation of a new play
• the heir of a major international art dealer in litigation in Surrogate's Court over the theft and dissipation of assets, including valuable works of art
• a well-known artist whose paintings disappeared and were later improperly offered for sale at a major auction
• house defendants and an innocent spouse in criminal and civil forfeiture proceedings

Published Cases Argued:

• United States Stein, (KPMG case), 435 F.Supp.2d 330 (S.D.N.Y. 2006); 495 F.Supp.2d 390 (S.D.N.Y. 2007), aff'd , 541 F.3d 130 (2d Cir. 2008)
• Michtavi The Daily News and The Polish Daily News, 587 F.3d 551 (2d Cir. 2009)
• United States Tenzer, 213 F.3d 34 (2d Cir. 2000)
• Local 851 of the International Brotherhood of Teamsters Thyssen Haniel Logistics, Inc., 90 F.Supp.2d 900 (E.D.N.Y. 2000)
• United States Burke, 718 F.Supp. 1130 (S.D.N.Y. 1989)