Preston Burton, a partner in the Washington, D.C., office, is a member of the Litigation Group and is the head of the litigation practice in the Washington, D.C., office. Mr. Burton's practice focuses on white collar criminal defense and regulatory investigations. He represents companies and individuals in trials and government and internal investigations, as well as related parallel civil and administrative proceedings and congressional investigations. Mr. Burton has extensive experience in cases involving securities, accounting and procurement fraud, tax evasion, money laundering, public corruption and the Foreign Corrupt Practices Act (FCPA), international extraditions, and matters involving national security. He is also a member of the firm's Risk Management Committee.
Before joining Orrick, Mr. Burton represented Monica S. Lewinsky in the investigation of President William J. Clinton by the Office of Independent Counsel and in the impeachment proceedings before the U.S. Senate. He also represented former CIA intelligence agent Aldrich H. Ames, former FBI Special Agent Robert Hanssen, and former Defense Intelligence Agency analyst Ana Belen Montes in their high-profile espionage prosecutions.
The following are additional examples of his notable cases.
- Representation of a former Vice Chairman of the Enron Corporation in connection with investigations by the DOJ Enron Task Force and SEC. No charges ever brought against client.
- Representation of a former Chairman and CEO of publicly traded Internet company in connection with a DOJ and SEC investigation of AOL/TimeWarner's earnings recognition.
- Representation of a former Blackwater contractor in connection with the DOJ investigation of a shooting incident in Baghdad, Iraq. No charges brought against client.
- Representation of a CEO of the foreign subsidiary of U.S. Fortune 100 company in internal investigation of possible FCPA violations. Investigation closed with no finding of violations by client.
- Led internal investigation of U.S. partnership for FCPA and OFAC violations in its foreign offices.
- Led internal investigation of foreign offices of U.S. Fortune 100 company for potential FCPA violations.
- Represented a U.S. compliance officer of foreign bank in DOJ investigation of OFAC and money laundering investigations. No charges brought against client.
- Represented the former general counsel of a Washington, D.C., bank in DOJ investigation of money laundering involving foreign officials. No charges brought against client.
- Led internal investigation and voluntary disclosure by Australian corporation for violations of U.S. federal election laws. Client paid US$30,000 civil fine.
- Conducted internal investigation for audit committee of Hawaiian bank for possible criminal and regulatory violations arising from misappropriation of customer assets.
- Representation of former CFO of publicly traded company in SEC investigation of accounting fraud. Investigation closed with no charges brought against client.
- Representation of an executive of the French subsidiary of U.S. company in connection with criminal violation of U.S. trade embargo with Iran. No charges brought against client or company.
- Representation of a foreign business executive in ongoing False Claims Act investigation related to government contracts for supplying U.S. troops in the Iraq war.
- Representation of a former insurance company executives and employees in connection with the investigation of insurance industry practices by the New York Attorney General's Office, DOJ and SEC.
- Representation of a former Pentagon official in connection with DOJ and DOD investigation of the receipt of classified materials by a defense contractor. No charges brought against client.
- Representation of a government contractor in connection with an EPA and DOJ Environmental Crimes Section investigation of compliance with hazardous waste abatement regulations. Client entered guilty plea and served six month sentence.
- Representation of an assistant general counsel for the CIA in connection with DOJ Inspector General, and congressional investigation relating to allegations of obstruction of justice. No charges brought against client.
- Representation of an assistant general counsel for the CIA in connection with ongoing DOJ investigation related to alleged destruction of interrogation tapes.
- Representation of a former senior CIA official in ongoing investigation of FCPA and U.S. regulatory investigations.
- Representation of a former foreign intelligence official in connection with a DOJ, Federal Reserve, SEC, and New York District Attorney's Office investigation of BCCI and its relationship with First American Bank.
- Representation of PriceWaterhouseCoopers in an accounting malpractice case lodged in the D.C. Superior Court. Case dismissed on pretrial motions filed by Orrick.
Before joining Orrick, Mr. Burton was a partner at Caplin & Drysdale in Washington, D.C., and a partner at the Law Offices of Plato Cacheris in Washington, D.C.
From 1994 to 1998, Mr. Burton was an Assistant United States Attorney in the Criminal Division of the U.S. Attorney's Office for the District of Columbia. He finished his government service in the Economic Crimes Section with the successful trial and conviction of the former head of the D.C. Taxicab Commission on bribery, gratuities and theft charges.
Since leaving government service, Mr. Burton has regularly provided legal representation to indigent clients in federal district court in Washington, D.C. In one of those matters, Mr. Burton obtained a complete acquittal following a jury trial and, in another, the grant of a new trial arising from the government's failure to disclose evidence favorable to the defense. Most recently, he was appointed to represent Deborah Jeane Palfrey, the so-called "DC Madam," in her criminal racketeering trial.
Mr. Burton has tried more than 50 cases to verdict and has handled more than 10 appeals before the D.C. Court of Appeals, D.C. Circuit and Fourth Circuit. He has served as an adjunct professor at the George Washington University School of Law and is a frequent lecturer and commentator on matters related to white collar crime. He has regularly participated in ABA panels on the criminal enforcement of Intellectual Property rights.
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