Brian L. Whisler

Partner

Washington, DC, USA Tel: +1 202 452 7019

Fax: +1 202 416 7014

Brian.Whisler

@bakermckenzie.com

Global areas of practice

Litigation

Business Crimes and

Investigations

Corporate Compliance and

Governance

Baker & McKenzie LLP

815 Connecticut Avenue, N.W. Washington, DC 20006-4078

USA

Practice description

Brian Whisler is a member of Baker & McKenzie’s Investigations and Business Crimes Group, and Global Compliance Group. He is a regional leader in the areas of business crimes, investigations, corporate compliance and governance. Mr. Whisler focuses his practice on internal investigations, regulatory advice, white collar criminal defense and civil litigation. Prior to joining Baker & McKenzie, Mr. Whisler served as the Criminal Chief Assistant

United States Attorney in Richmond, Virginia, Eastern District of Virginia, where he managed the criminal trial practice of over 25 prosecutors handling cases ranging from white collar crime, violent crime, public corruption and terrorism, and focused his own trial practice on white collar prosecutions of health care fraud, securities fraud, money laundering, and tax fraud. He also served for ten years as an Assistant United States Attorney for the Western District of North Carolina where he focused on white collar prosecutions and served as Chief of Appeals and Health Care Fraud Coordinator.

Practice focus

Criminal and Civil Litigation; Anti-Corruption; Anti-Money Laundering

Compliance; Securities Enforcement/Litigation

Mr. Whisler is experienced in handling a broad range of civil and criminal matters, including Foreign Corrupt Practices Act, Bank Secrecy Act, money laundering, health care, securities, and procurement fraud, and export controls issues. He has provided guidance in investigations as well as regulatory advice to multinational and domestic clients in oil and gas services, pharmaceuticals, financial services, manufacturing, and telecommunications. Additionally, Mr. Whisler has developed compliance programs for Fortune 50 corporate clients, guided companies and individuals in government investigations in multiple global jurisdictions and defended clients in criminal and civil litigation.

Representative clients, cases or matters

− Secured post-indictment dismissal of all charges for client named in multi- defendant case predicated on conspiracy, firearms, fraud, obstruction offenses, after three years of pre-trial litigation involving discovery/Classified Information Procedures Act (CIPA) disputes with the US Justice Department, U.S. Attorney’s Office for the Eastern District of North Carolina.

− Represented multi-national firm before World Bank Sanctions Board, argued in opposition to Integrity Vice-Presidency, and secured favorable Board decision imposing lowest sanction of one year conditional non-debarment

− Represented global logistics company in federal grand jury investigation predicated on allegations of export control violations and secured declination of criminal charges at conclusion of investigation

Baker & McKenzie LLP is a Limited Liability Partnership organized under the laws of the State of Illinois (USA) and is a member of Baker & McKenzie

International, a Verein organized under the laws of Switzerland.

− Represented multi-national company before World Bank Sanctions Board

− Represented global provider of oil and gas services corporate client as compliance counsel during a federal criminal and civil investigation

− Represented Dodd-Frank whistleblower before SEC

− Represented physician in federal criminal health care fraud prosecution, resulting in probationary sentence

− Led pre-acquisition due diligence and designed post-closing compliance program for global financial services client

− Conducted an internal investigation for an international provider of medical and safety technology during a federal grand jury investigation

− Represented an individual client during a multi-jurisdictional federal grand jury investigation of procurement fraud involving U.S. Military contracts

− Designed and implemented corporate compliance program for a global food product manufacturer

− Conducted internal investigation into FCPA allegations for global telecommunications provider

− Represented individual client during a multi-agency U.S. procurement fraud investigation

− Co-counsel in pending federal grand jury representation of witness in Justice

Department probe of supplier of parts and equipment to U.S. military

Publications, presentations and articles

− Panelist, “Anatomy of a Corporate Investigation”, Washington Metropolitan

Association of Corporate Counsel, Richmond, Virginia, May 1, 2008

− Panelist, National Association of Sentencing Commissioners (NASC) Annual Conference, Stanford University Symposium on Sentencing Policy, San Francisco, California, August 4, 2008

− Panelist, American Bar Association, Torts/Criminal Law Section Regional

Conference, Chicago, Illinois, September 19, 2008

− Panelist, Texas State Bar International Law Section, 21st Annual Institute, Foreign Corrupt Practices Act panel, Houston, Texas, March 5, 2009

− Panelist, “For Your Eyes Only: Corporate Espionage Seminar,” Department of Commerce, Bureau of Industry and Security, New York City, New York, April 24, 2009

Court Ruling Expands e-Discovery Protections, Compliance Week, September 2009

Reducing the High Price of Internal Investigations: Five Cost-Saving Suggestions for Conducting a Cost-Effective Investigation (co-author), Bloomberg Law Reports - Risk & Compliance, September 2009

− Interview Regarding US and Mexican Anti-Corruption with Imagen News

Business Radio, hosted by Ana Maria Salazar, November 4, 2009

− Panelist, “Developing an Effective FCPA Compliance Program for Operations in Latin America”, Baker & McKenzie FCPA Client Seminar, Mexico City, Mexico, November 5, 2009

− Interview Regarding US and Mexican Anti-Corruption, Excélsior Newspaper, November 5, 2009

− Interview Regarding US and Mexican Anti-Corruption, Canal Once News

Program, November 5, 2009

− Panelist, “FCPA Enforcement and Compliance for Hotel and Tourism

Industry”, McLean, Virginia, November 12, 2009

− Moderator/Presenter, “Corporate Espionage and Global Security: Protecting Your Business Interests,” U.S. Department of Commerce/International Trade Association, Chicago, Illinois, February 25, 2010

− Presenter on Trade Secret Compliance, “Corporate Espionage & Global Security: Protecting Your Business Interests,” Aon Corporation and Department of Commerce, New York City, New York, May 18, 2010

− Presenter, Anti-Corruption Compliance for Pharma/Life Sciences Sector in

Latin America, Sao Paulo, Brazil, June 16, 2010

− Proposed Amendments to U.S. Sentencing Guidelines: Revisions Doveetail with Timing of U.K. Bribery Act and Impact the Effectiveness of Compliance Programs, Financial Fraud Law Report, July/August 2010

− UK’s Bribery Act Surpasses the US in Breadth and Rigor, Ethikos, September/October 2010

− Featured in the Corporate Crime Reporter’s article “Baker & McKenzie’s Brian Whisler on Wal-Mart, FCPA and Tensions Between Business and Legal,” May 8, 2012

− Featured in Cámara de Comercio Argentino-Británica as panelist in March conference, “La nueva era de la transparencia en los Negoios” sponsored by Baker & McKenzie and PwC Argentina, April 2012

− Presenter, “The New Era of Transparency”, FCPA/UK Bribery Act Compliance Seminar, Buenos Aires, Argentina sponsored by Baker & McKenzie Buenos Aires, London, Washington, D.C. and PwC, March 27,

2012

− Panelist, “What Made You Think That Was Privileged?”, sponsored by

Research Triangle Chapter of Association of Corporate Counsel, March 21,

2012

− Panelist, “Investigations Around the World – What’s New and What to Expect from Corruption Investigations Outside the U.S.”, sponsored by PLI, New York, New York, May 2, 2013

Professional affiliations

− Adjunct Professor, University of Richmond, T.C. Williams School of Law

(2004-2008)

− Member, Association of Certified Anti-Money Laundering Specialists

Education and admission

Education:

− J.D., George Mason University School of Law (1989)

− B.A., Grove City College (1985) Bar Admissions:

− Virginia (1989)

− North Carolina (1994)

− District of Columbia (2013) Court Admissions:

− U.S. Court of Appeals for the Fourth Circuit (1989)

− U.S. District Court, Western District of North Carolina (1993)

− U.S. District Court, Eastern District of Virginia (2002)

− U.S. District Court, Eastern District of North Carolina (2010)