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About Tom

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. 

Experience

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.

Credentials

Education

Catholic University of America, Columbus School of Law,
J.D.
2000
American University,
Bachelor of Arts
1997

Bar Admissions

New York

News

Insights

Insights

Oil and Gas Fraud Working Group to Focus on Energy Markets

April 26, 2011

In response to the public uproar over rapidly rising gas prices, on April 21 U.S. Attorney General Eric Holder announced the formation of an Oil and Gas Price Fraud Working Group to focus on the detection of fraud in the energy markets. Numerous federal and state agencies are represented which combined have a tremendous scope of investigative powers, which makes almost any segment of the oil and gas market susceptible to scrutiny. Agencies involved include the Department of Justice, Commodity Futures Trading Commission, Department of Energy and National Association of Attorneys General. The...

SEC Proposes Rule Requiring Oil, Gas and Mining Companies to Disclose Payments to Governments

December 16, 2010

By Jonathan Halpern and Thomas Kokalas Under a rule proposed by the Securities and Exchange Commission, oil, gas and mining companies listed on U.S. stock exchanges would be required to disclose payments they made to foreign governments or the United States government in connection with a broad swath of activity, from exploration to oil processing. The proposed rule builds on a provision of the Dodd-Frank Act that requires listed energy companies to disclose payments to foreign governments for the "commercial development of oil, natural gas or minerals." Specifically, Section 1504 imposes...

Noteworthy

Noteworthy

The Legal 500 United States
Corporate Investigations and White Collar Criminal Defense, 2017 - 2018

Events