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Brian L. Howard II
Brian L. Howard II
Senior Associate — Government Investigations & White Collar Criminal Defense
E: bhoward@velaw.com T: +1.202.639.6620
VCard BIO PDF
Senior Associate — Government Investigations & White Collar Criminal Defense

Brian L. Howard II

Brian L. Howard II
Washington
T: +1.202.639.6620
F: +1.202.879.8857

2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037

E: bhoward@velaw.com
VCard BIO PDF
Brian L. Howard II

Brian’s practice focuses on conducting internal investigations and defending clients in investigations brought by U.S. and international regulators and in related litigation.

Brian leverages his prior 10 years of progressive law enforcement experience as he routinely conducts complex, high-stakes investigations and defends corporate and individual clients in matters related to compliance with the U.S. Foreign Corrupt Practices Act (FCPA), securities and antitrust laws, procurement fraud, and other criminal laws and regulations. He regularly represents clients before various United States’ Attorneys Offices, the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and other regulatory bodies.

Brian’s practice also involves extensive risk mitigation and compliance counseling, including conducting risk assessments, developing and implementing risk management and compliance programs, training relevant stakeholders, and testing pre-existing programs for effectiveness. Brian advises clients on compliance risks associated with investments, acquisitions, and financings.

Brian is also the only associate member of the firm’s Electronic Discovery Task Force, focused on advising legal teams on the use of artificial intelligence and data analytics to efficiently and economically process large volumes of electronic data during the course of investigations or litigation.

Experience Highlights

  • Conducted internal investigation of multinational oil and gas company related to DOJ, SEC, and Brazilian “Operation Car Wash” FCPA investigation of Brazilian state-owned petroleum company, Petrobras 

  • Defended U.S. energy services, technology, and research company in connection with DOJ and SEC FCPA investigation concerning Monaco-based company Unaoil; following internal investigation and presentations to regulators on company’s behalf, both DOJ and SEC closed their investigations with no action taken against client

  • Represented former high-level engineer of German automaker in connection with DOJ, EPA, CARB, and German investigation concerning the alleged concealment of illegal defeat devices designed to circumvent diesel emissions standards in violation of the Clean Air Act and similar European environmental laws

  • Represented current and former employees of pharmaceutical manufacturer in DOJ antitrust investigation concerning allegations of price fixing and market allocation in the generics pharmaceutical industry

  • Defended multi-billion-dollar defense contractor in DOJ criminal investigation relating to allegations of SBA fraud and bid rigging; client obtained criminal declination and favorable no-admit, no-deny civil settlement 

  • Represented current and former employees of multinational investment bank and financial services company in DOJ, SEC, and FCA investigation of potential FCPA and securities violations related to sovereign loans made to South African nation

  • Defended former executive of non-profit charter school in related federal criminal investigation and civil litigation initiated by D.C.’s Office of the Attorney General concerning allegations of Medicaid fraud, theft, and improperly diverting funds from a not-for-profit corporation for personal benefit; all criminal charges were declined and a favorable civil settlement was reached

  • Assisted globally-focused SEC-registered investment advisor and private equity fund with the design and implementation of the fund’s, and 20 of its portfolio companies’, anti-corruption risk management policies and compliance programs; annually train directors, executives, employees, and agents regarding U.S. and foreign anti-corruption laws and risk mitigation strategies; conduct pre-acquisition/pre-investment anti-corruption due diligence; perform periodic audits of compliance with anti-corruption policies

  • Investigated allegations of potential FCPA violations by executive of investment held by prestigious U.S. research university; reviewed university’s anti-corruption compliance environment and data privacy practices 

  • Defended former executive of U.S.-based oil exploration company in connection with DOJ investigation into alleged FCPA violations in West African country 

  • Conducted anti-corruption focused due diligence in connection with 30 M&A transactions or investments 

  • Performed 35 trainings regarding U.S. and global anti-corruption laws and risk mitigation strategies, for companies located in the U.S., Central and South America, Africa, Europe, and the Middle East 

Credentials

  • University of Michigan Law School, J.D. cum laude, 2013 (Contributing Editor, Michigan Law Review)
  • American Military University, M.A., Criminal Justice, 2009
  • American Military University, B.A., Criminal Justice with honors, 2006
  • Selected to the Washington, DC Rising Stars list, Super Lawyers (Thomson Reuters), 2022
  • Member: American Bar Association; Bar Association of the District of Columbia; Virginia Bar Association
  • Virginia
  • District of Columbia
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. District Court for the District of Columbia
  • Supreme Court of the United States
  • “Responding to the Inevitable: Common Mistakes in Cyberattack Planning and Responses,” V&E Cybersecurity and Data Privacy Insights E-communication, June 14, 2017 (co-author)
  • “The UK’s Serious Fraud Office Successfully Chips Away Privilege Protections in the Investigations Context,” V&E FCPA & Global Anti-Corruption Update E-communication, May 24, 2017 (co-author)

News & Insights

Deals & Cases
Streamline Innovations Raises Growth Capital to Fund Expansion and Meet Rising Demand for Emissions Solutions
June 16, 2022
Deals & Cases
Archaea Energy Inc. Announces Agreement to Acquire NextGen Power Holdings LLC
April 28, 2022
Deals & Cases
FLASH Secures Over $250 Million in Round Led by Vista Equity Partners to Advance Connected Mobility Ecosystem
March 16, 2022
Insight
Vinson & Elkins’ Palmina Fava and Fry Wernick Co-Author Chapter Covering the Foreign Corrupt Practices Act (“FCPA”) for Thomson Reuters’ Treatise on 'Successful Partnering Between Inside and Outside Counsel'
The V&E Report
March 14, 2022