Bingham

 Bingham
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Kenneth M. Gazzaway

Associate

Ken Gazzaway focuses on white collar defense, investigations and representation of corporations and individuals in connection with government enforcement initiatives. He has represented clients before the Department of Justice (DOJ), Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), Federal Energy Regulatory Commission (FERC), Federal Election Commission (FEC) and various Congressional committees.

Ken was a member of the Texas International Law Journal and was named Outstanding Staff Member in 2006. Prior to attending law school, he served as an intelligence officer in the United States Navy and completed tours aboard the aircraft carrier USS Enterprise and in the Middle East. He is fluent in French.

Experience

  • Representing a global financial institution in connection with well-publicized, industry-wide investigations by agencies in multiple countries into potential irregularities in the setting of LIBOR interest rates.
  • Representing Thomas Lund, the former executive vice president and head of Fannie Mae’s Single Family business, against securities fraud charges filed by the SEC in the Southern District of New York.
  • Representing Olympus Corporation in connection with well-publicized investigations by agencies in multiple countries of alleged fraud and irregularities.
  • Representing executives of a Japanese auto-parts manufacturer in connection with criminal antitrust investigations of the auto-parts industry.
  • Representing the former CFO of MF Global, Inc., in ongoing investigations by the U.S. Attorney’s Offices for the Southern District of New York and the Northern District of Illinois, SEC, CFTC, and multiple congressional committees involving the alleged misuse of approximately $1.6 billion in customer segregated funds.
  • Represented a Fortune 30 investment bank executive in SEC and New York Stock Exchange (NYSE) investigations of alleged market timing and late trading.
  • Represented an officer of a large international company in connection with the DOJ and Immigration and Customs Enforcement (ICE) investigations of alleged immigration violations. The client originally faced four criminal felony counts, punishable by up to 40 years in prison and a multimillion-dollar fine. After extensive pre-trial motions that dramatically limited the government’s options, on the eve of trial the prosecution was forced to offer the client a single Class B misdemeanor plea that resulted in a sentence of a $5,000 fine with no incarceration or probation.
  • Represented a major hedge fund in connection with CFTC investigation of alleged manipulation of natural gas New York Mercantile Exchange (NYMEX) futures and Over-the-Counter (OTC) markets.
  • Represented energy traders in connection with multiple DOJ and CFTC investigations of alleged manipulation and false reporting of natural gas trading information to natural gas price indices by several energy companies.
  • Represented a trader at a hedge fund in connection with FERC investigation and related litigation concerning power trading
  • Represented a financial institution and energy traders in connection with FERC enforcement investigations of alleged fraud involving power trading at NYISO, CalSO, PJM, NEISO and other RTOs.
  • Represented a number of senior executives of Fannie Mae in DOJ and SEC investigations into the financial downfall of the company, including representation of senior executives in the DOJ, SEC and other government investigations that were launched in the aftermath of the financial crisis and Fannie Mae’s placement into conservatorship.

Publications

  • Co-author, “International Cooperation in Enforcement of the FCPA,” ABA Section of Litigation, Criminal Litigation Committee Newsletter (Summer 2009)

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