Seth DuCharme draws on his experiences serving as the Principal Associate Deputy Attorney General of the United States and the Acting United States Attorney for the Eastern District of New York to advise companies and individuals on cases involving cross border regulation, cyber security and breach response, Foreign Corrupt Practices Act (FCPA) diligence and litigation, export controls, sanctions compliance and anti-money laundering. In 2021, Seth was appointed to the Criminal Justice Act panel to represent defendants in federal court.
Seth served in the United States Attorney’s Office for the Eastern District of New York from 2008 through 2021. He held various positions at the Eastern District, including Chief of the Criminal Division, Chief of the National Security & Cybercrime Section and Acting United States Attorney. In his various leadership roles, Seth supervised some the Department’s most important cases, including the trial of “El Chapo” Guzman; the indictment of tech giant Huawei; the RICO prosecution of Keith Raniere in connection with the NXIVM cult; the investigation of a global financial institution for its involvement in the 1MDB Malaysian bond deal, resulting in the largest criminal penalty ever obtained in an FCPA case; the arrest and indictment of eight individuals charged with conspiring to act as illegal agents of the People’s Republic of China; and the conclusion of a deferred prosecution agreement over a major financial institution in connection with its potential exposure for international money laundering.
From March 2019 through July 2020, Seth served on detail to Main Justice, where he served first as the Senior Counselor to the Attorney General for criminal, national security and cyber matters before attaining the position of Principal Associate Deputy Attorney General of the United States. In that capacity, he worked directly with the Deputy Attorney General to oversee all of the Department's litigating and law enforcement components. Seth resolved appeals by private counsel; supervised complex, high-profile matters within the Criminal, Civil, Antitrust and National Security Divisions; and advised the Deputy Attorney General and Attorney General on criminal and civil litigation matters, as well as national policy.
Seth is a frequent commentator and guest lecturer in classes at Fordham, New York University, Brooklyn and Columbia law schools. Prior to attending law school, he began his career in law enforcement as a Deputy United States Marshal in the Eastern District. After graduating from Fordham University School of law in 2003, Seth clerked for the Honorable Richard Owen of the United States District Court for the Southern District of New York and then spent more than three years as an associate at a prominent international law firm in New York City.
Recent Notable Matters
Bank Integrity Task Force — created team to focus on efficient strategies to combat money laundering, sanctions, bribery and cryptocurrency violations*
Computer Fraud and Abuse and Theft of Intellectual Property — resolved matter in which a former employee of a competitor used log in credentials to unlawfully access prior employee’s computer system in an effort to benefit current employer*
FCPA — resolved Foreign Corrupt Practices Act violations through negotiation of Deferred Prosecution Agreement *
RICO — conducted investigation and tried case to verdict under the Racketeer Influenced Corrupt Organizations act, which resulted in neutralization of international criminal enterprise*
Investigation of International Telecom Entity — oversaw large-scale investigation and prosecution relating to alleged bank fraud, trade sanctions and theft of intellectual property *
Hacking — investigated and resolved hacking and business email compromise scheme that was used to unlawfully prejudice adverse stakeholders*
Fraud — conducted investigation into conversion of funds from U.S. government agency*
Counterfeit goods — investigated contract fraud in U.S. supply chain and oversaw large scale seizure of counterfeit good*
International Counterterrorism Investigations — conducted investigations in Europe, Africa, the Middle East and the Balkans related to terrorism financing and material support to designated foreign terrorist organizations, including conducting overseas depositions in high risk environments; obtained multiple guilty pleas and tried case to verdict*
FISA Amendments Act of 2008 — drafted appellate brief and presented oral argument relating to the constitutionality of the Act before the Second Circuit Court of Appeals *
International Emergency Economic Powers Act and the Arms Export Control Act — investigated violations and resolved multiple cases involving the unlawful export of sensitive, controlled technologies to Asia and the Middle East*
Counter Espionage — supervised long term investigation and resolution of case involving unauthorized agent of a foreign power*
Cross Border Information Sharing — worked closely with UK authorities on matters relating to cyber security, data privacy and information sharing*
Transnational Organized Crime — served alongside representatives across multiple agencies on the National Security Council to formulate and execute a coordinated effort to combat transnational organized crime*
Disruption and Early Engagement Program — created and launched an interdisciplinary initiative that aggressively responded to rising incidents of violent extremism in New York City and around the nation*
* Work completed prior to Bracewell
Publications and Speeches
"Ransomware Prevention, Detection, and Preparation Best Practices," Cybersecurity Essentials for In-House Counsel, March 30, 2022.
"Effective Tools for Responding to Governmental and Regulatory Investigations: Finding Alignment Early to Set the Table for Success," General Counsel Conference East, NY, September 22, 2021.
"Equality Under the Law and Rule of Law," Rule of Law Symposium, May 7, 2021.
Program on Extremism, George Washington University, October 20, 2020.
Annual Conference of United States Attorneys, September 23, 2020.
Department of Justice National Opioid Summit, March 4, 2020.
"Building a Cyber Practice: Lessons Learned," Journal of Federal Law and Practice, February 2019.
Lures and Strikes: Strategies and Tactics for Investigations of Foreign Nationals, USABook.
"Counterterrorism in an Age of Extremism," AJC Council, November 29, 2017.
"Disruption and Early Engagement Program for National Security Threats," Naval Post Graduate School, November 16, 2017.
"New Tools for Risk Management in Counterterrorism," Batten School of Leadership and Public Policy, University of Virginia, November 9, 2017.
"International Cybercrime: Navigating the Law of the Web," French-American Foundation, November 8, 2017.
"Terrorism Prevention," National Counterterrorism Center, November 1, 2017.
"Mitigating the Risks of the Financing of Proliferation," The Center on Law and Security, New York University School of Law, July 13, 2017.
"Preventing the Next Tsarnaev: Cutting Edge Tools for Law Enforcement," NYPD Cyber Intelligence & Counterterrorism Conference, February 2, 2017.
"Evolving Trends in Cybersecurity Personal Privacy, Immigration, iPhone Confidentiality vs. National Security: Where Do We Stand on the Issues Today?" New York County Lawyers Association, June 2016.
Annual Anti-Terrorism Advisory Council Conference, National Geo-spatial Intelligence Agency, April 2016.