Thomas Kokalas brings his experience as a former prosecutor to assist corporations and individual clients involved in federal and state white collar criminal and regulatory cases, internal investigations and compliance reviews.
He has represented individuals and corporations investigated by the Department of Justice, the SEC, the Manhattan District Attorney's Office and the New York State Attorney General. His representations have included cases involving allegations of government contracting and procurement fraud, RICO claims, bribery, money laundering, accounting fraud, securities law violations, insider trading, sanctions compliance, tax fraud, construction fraud, labor fraud and violations of the False Claims Act and Foreign Corrupt Practices Act.
He also represents clients in federal and state court in civil litigation and in arbitration involving securities fraud, civil RICO actions and commercial disputes. Clients have included large multi-national corporations, officers of public companies and limited partnerships.
Prior to joining Bracewell, Tom was an assistant district attorney in the Manhattan District Attorney's Office as a member of the Frauds Bureau, where he successfully prosecuted complex financial crimes involving securities fraud, RICO, larceny and schemes to defraud. He also served in the Trial Division at the Manhattan District Attorney’s Office where he prosecuted and tried felony criminal cases in New York County Supreme Court in addition to handling long-term investigations into weapons and narcotics trafficking.
Recent Notable Matters
Utility company — represented a multi-national utility under investigation by both the New York State Attorney General and the Governor's Moreland Commission regarding alleged misrepresentations concerning storm preparation and response to Hurricane Sandy and other recent storms
Contracting firm — retained as ethics and compliance counsel to conduct a compliance risk assessment and implement a corporate-wide compliance program
Multinational construction company — represented a corporation in a multi-year fraud investigation conducted by the Manhattan District Attorney
Global manufacturing company — conducted an internal investigation on behalf of a public company related to accounting and procurement fraud while managing a parallel investigation by the SEC
Global transportation company — conducted a world-wide Foreign Corrupt Practices Act compliance review and presented findings and recommendations to the company's Board of Directors
International aviation company — represented company in connection with a criminal antitrust investigation by the DOJ
Global construction firm — defended a company in an investigation conducted by the U.S. Attorney for the Eastern District of New York into allegations of M/WBE contracting fraud and bribery for work done at the World Trade Center
International tobacco company — nationwide antitrust litigation and related criminal charges resulting in dismissal of the indictment
Major international shipping and design firm — defended company in connection with a False Claim Act investigation by the DOJ
Broker-dealer — defended company in a FINRA Arbitration against claims of fraud and conversion
Publications and Speeches
"Construction Compliance Matters," Construction Industry CPAs Consultants Association (CICPAC) Webinar, January 2017.
"DOJ Announces First Declinations After Implementing FCPA Pilot Program," Corporate Compliance Insights, June 22, 2016.
"Compliance Assessments," SCCE Utilities & Energy Compliance & Ethics Conference, February 2016.
"NYC Construction Industry, There’s a New Sheriff in Town," Law360, August 2015.