Michael Garcia
Biography
Overview
A partner in the Firm's White Collar Practice, Michael focuses on representing clients in government enforcement investigations, conducting internal investigations and compliance counselling. His work in this space covers the Foreign Corrupt Practices Act (FCPA) and related compliance programs, accounting and financial reporting matters, the Bank Secrecy Act and related anti-money laundering compliance.
He offers clients the benefit of his significant experience representing companies, including multinationals, boards and committees, officers, directors and employees, in internal investigations and investigations conducted by the U.S. Securities Exchange Commission (SEC), U.S. Department of Justice and other government agencies involving allegations of bribery and corruption, money laundering, financial fraud, accounting fraud, disclosure fraud and other misconduct. Michael also routinely assists clients with the implementation of compliance programs, evaluates compliance risk in a client's business and conducts due diligence relating to potential mergers, acquisitions and financings.
Named a Leading Individual for compliance and investigations by Legal 500 (2023), Michael is cited by clients as "the main name, very clear and straightforward" and is also recognized by Chambers USA as a leading White-Collar Crime and Government Investigations lawyer. Prior to practicing law, Michael passed the CPA exam with the second highest score in the state of Georgia. Although not a CPA, his knowledge of accounting and auditing practices is a significant benefit for clients that often have to collaborate with their outside auditors during an investigation.
Michael has led multiple internal investigations arising from allegations of potential misconduct in Latin America, involving subsidiaries of US and European businesses. His fluency in Spanish allows him to conduct investigations in Spanish in an efficient and effective manner.
Experience
Investigation of global money laundering scheme
Represented a global financial institution in a regulatory enforcement action concerning the institution's AML compliance program.
Investigation of alleged accounting irregularities
Represented the audit committee in an investigation into allegations of accounting irregularities.
Investigation into FCPA violations
Represented the audit committee in an investigation into FCPA violations.
Federal grand jury investigation
Represented a financial institution in a federal grand jury investigation into Bank Secrecy Act and anti-money laundering compliance.
Improper revenue recognition investigation
Represented a public company in an investigation into allegations of improper revenue recognition.
Corporate misconduct investigation
Represented a public company in an investigation into allegations of conflicts of interest and the misappropriation of corporate assets.
Corporate misconduct investigation
Represented a public company subsidiary in connection with allegations of kickbacks, misappropriation of corporate assets and conflicts of interest.
Government investigation
Represented a public company in a government investigation, following a multi-year restatement of the financial statements.
Corporate misconduct investigation
Represented a portfolio company in an investigation involving allegations of commercial bribery.
SEC investigation
Represented a public company in a government investigation, following a multi-year restatement of the financial statements.
SEC subpoena
Represented a public accounting firm in responding to an SEC subpoena for audit workpapers.
Derivative litigation
Represented a public company in derivative litigation arising from a going-private transaction with a majority shareholder.
PCAOB examination
Advised a public accounting firm in connection with a PCAOB examination.
Bizlato Founder Charged with Facilitating Money Laundering of more than $700 Million in Dark Web Funds, White & Case Client Alert. Co-author with Leel Sinai. February 3, 2023.
New York State Department of Financial Services and Coinbase reach $100 Million Settlement, White & Case Client Alert. Co-author with Leel Sinai. January 13, 2023.
"Five ways in which fintechs can lead the way in compliance best practices across Latin America," White & Case's Latin America Focus. Co-author with Maria Beguiristain. October 25, 2022
"FinCEN and US Federal Banking Agencies Clarify Risk-Based Obligations on Politically Exposed Persons," FCCED, September 2020
Audit Committee Responsibilities and the Risk of Restatement, Today's General Counsel, August/September 2013
Leading Individual, The Legal 500 Latin America, 2023
Top Lawyer, South Florida Legal Guide, 2014–2016
Top Up and Comer, South Florida Legal Guide, 2009–2011, 2013