Preston Burton
Partner
Washington, D.C.
Preston Burton is a nationally recognized trial lawyer with more than 30 years of experience in criminal law, including service as both a defense attorney and a federal prosecutor. He leads Orrick’s global White Collar, Government Investigations & Conflicts practice.
Preston has tried more than 50 criminal cases to verdict and represents individuals and companies in complex federal white collar matters, civil and regulatory proceedings, congressional inquiries, and internal investigations. He has also argued more than 10 appeals before the U.S. Courts of Appeals for the D.C. Circuit, and the Fourth Circuit and the D.C. Court of Appeals.
His practice spans high-stakes and high-profile matters, including representations of Monica Lewinsky, CIA officer Aldrich Ames, and FBI Special Agent Robert Hanssen. He regularly advises executives and corporations on public corruption, criminal antitrust, Foreign Corrupt Practices Act (FCPA) and export controls, False Claims Act matters, and procurement fraud. His work frequently involves cross-border investigations, extradition matters, and multi-jurisdictional enforcement actions. He also handles congressional investigations and national security matters, including representing intelligence community officials and serving as an amicus appointed by the Foreign Intelligence Surveillance Court.
Preston has been ranked by Chambers USA as a leading lawyer in White Collar Crime & Government Investigations since 2010, where he is noted for his “great trial skills and strategic sense.” He is also recognized by Legal 500 for Corporate Investigations and White Collar Criminal Defense, which highlights his “formidable reputation” and willingness to take cases to trial. Benchmark Litigation has named him a leading practitioner in White Collar and Securities Litigation.
Before rejoining Orrick, Preston was a partner at Buckley LLP and a member of its partner board. He previously co-founded Poe & Burton PLLC and earlier led the litigation practice in Orrick’s Washington, D.C. office. He began his legal career as a law clerk to Judge Boyce F. Martin Jr. of the U.S. Court of Appeals for the Sixth Circuit and later served as an Assistant U.S. Attorney in the Criminal Division of the U.S. Attorney's Office for the District of Columbia. He practiced nearly a decade with Plato Cacheris.
"Thorough, intelligent, and a fierce advocate.” "Extremely experienced and successful trial lawyer." "He's very affable, a great lawyer and he has a nice, direct approach with clients. He's fantastic to have on a joint defense team in terms of collegiality and in terms of his attentiveness with issues." - Chambers USA
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Preston’s recent matters include:
Trials and High-Stakes Litigation
- Member of trial team representing a former investment bank executive in a jury trial in the Southern District of New York involving allegations of bid rigging and fraud in the municipal bond market.
- Member of trial team representing a corporate defendant in a criminal price-fixing jury trial in the District of Rhode Island.
- Member of trial team representing a former government contracting executive in a jury trial in the Eastern District of Virginia involving public corruption, conspiracy, and fraud charges, resulting in acquittal on all counts for all defendants.
Antitrust and Complex Commercial Investigations
- Counsel to a special committee of the board of a publicly traded company in a federal criminal antitrust investigation and related civil litigation concerning alleged “no-poach” agreements.
- Represented numerous individuals and companies in multiple federal and cross-border investigations involving bid rigging, price-fixing, market allocation, corruption, and fraud across industries including automotive, logistics, government contracting, agriculture, consumer products, and financial services.
National Security and Export Controls
- Represented a foreign business executive in a Department of Justice investigation involving alleged false statements and export control violations related to the acquisition of a U.S. government contractor.
- Represented current and former employees of a foreign cybersecurity company in an ongoing criminal investigation by the U.S. Attorney’s Office for the District of Columbia and the DOJ National Security Division involving export control compliance and computer fraud.
Special Counsel and Sensitive Government Investigations
- Representation of entities and individuals in congressional investigations and hearings, including a leading international manufacturer of chip technology, former Acting Secretary of Defense, former Deputy Director of the FBI, former Chief Executive Officer of a bank, and witnesses in impeachment proceedings.
- Represented current and former CIA personnel in connection with the Special Counsel (Durham) investigation into the origins of the FBI’s Russia-related election interference inquiries.
- Represented multiple individuals and entities in connection with the Special Counsel (Mueller) investigation involving FARA, false statements, and money laundering issues.
Congressional and Individual Representations
- Represented a U.S. Senate security official in a Department of Justice investigation and prosecution involving alleged false statements and unauthorized disclosures of classified information.
- Represented a prominent Iranian journalist as a material witness in a Department of Justice investigation.
Financial Institutions and Regulatory Matters
- Represented a publicly traded financial institution in parallel investigations by the Department of Justice, SEC, and banking regulators involving allegations of public corruption and improper insider lending.
Supreme Court False Claims Act Ruling May Affect Paycheck Protection Program Lenders
3 minute read | June.09.2023
