Lionel André attorney profile image

Lionel André

landre@mmlawus.com
1001 G Street, N.W.
Seventh Floor
Washington, DC 20001
T: (202) 661-7039
F: (202) 661-7059
1185 Avenue of the Americas
21st Floor
New York, NY 10036
T: (212) 880-3583
F: (212) 880-3998
Practice Areas
Education
  • J.D., Georgetown University Law Center, 1987
  • B.S. (cum laude), Syracuse University, College of Arts and Sciences, 1984
Admissions
  • District of Columbia
  • New York
  • Pennsylvania (Inactive)
  • U.S. Supreme Court

 

Lionel André defends clients in parallel enforcement matters involving the U.S. Securities & Exchange Commission and the Department of Justice. He also conducts internal investigations and defends companies and their executives in Government investigations.

Peers rank Mr. André at the top of his practice areas. US News-Best Lawyers in America named him one of the best White Collar Defense Lawyers for both for 2021 and again for 2022. Mr. André is a  highly experienced litigator addressing investigation and white-collar issues. He brings unique and significant work experience of fourteen years of SEC enforcement investigation and litigation experience and seventeen years of DOJ criminal trial experience.

A Brooklyn native of Haitian decent, Mr. André represents clients in a broad variety of investigations conducted by the SEC, DOJ, Financial Industry Regulatory Authority, and other federal and state regulators. He is uniquely positioned to handle both regulatory and criminal litigation, as well as the private litigation that can arise as a result of these investigations. Mr. André began his career at the SEC’s Division of Enforcement. During his 14 years at the SEC, Mr. André handled securities cases in federal court and administrative proceedings around the country.  First joining the SEC as a staff attorney at the Washington headquarters, and eventually promoted to Assistant Chief Litigation Counsel. Mr. André handled matters concerning auditor independence, Foreign Corrupt Practices Act, broker-dealer regulation and supervision, stock manipulation, "prime bank" securities fraud, unregistered distribution of securities, self-dealing by fund managers, and insider trading.   One of his insider trading cases was the subject of a Law and Order episode.  While at the SEC, Mr. André was awarded the Director’s Award in recognition of Outstanding Contribution to the Enforcement of the Federal Securities Laws. Mr. André also created, what has come to be known as, the “Collections Unit” during his tenure in the SEC’s Trial Section.

After the SEC,  Mr. André served as Assistant United States Attorney in the Fraud and Public Corruption Section in the United States Attorney's Office for the District of Columbia. At the U.S. Attorney’s Office, Mr. André served as Senior Litigation Counsel and Health Care Fraud Coordinator. He  prosecuted criminal matters from grand jury to verdict in the United States District Court for the District of Columbia. He conducted investigations involving wide-ranging violations of both federal and local criminal laws, using a variety of investigative tools, including wire interceptions, administrative and grand jury subpoenas, covert operations, cooperating witnesses, and search warrants. Mr. André supervised teams of investigators from various federal and local law enforcement agencies including the Federal Bureau of Investigation, Postal Inspection Service, U.S. Secret Service, U.S. Department of Homeland Security, U.S. Health & Human Services, the Environmental Crimes Unit of the EPA and the Internal Revenue Service’s Criminal Investigation Division where his caseload included matters involving healthcare fraud, off-label marketing schemes, pharmaceutical fraud, federal procurement fraud, false claims, campaign finance violations, public corruption, securities fraud, environmental crimes and money laundering.

Mr. André earned the U.S. Attorney's Office Special Achievement Award on six occasions in recognition of meritorious service and sustained superior performance. In 2016, he received the Federal Bureau of Investigation Commendation, awarded for the successful prosecution of U.S. v. Florence and Michael Bikundi, (then, the largest healthcare fraud case in the D.C. history). Lionel also prosecuted U.S. v. Joe L. Parrish and Gregory Scott (one of the largest environmental crime matters in D.C. history, concerning two public officials who accepted bribes in exchange for not reporting serious asbestos abatement infractions, in violation of the Clean Air Act). Lionel also received the FBI Commendation in 2012, for Outstanding Prosecutorial Assistance to the Federal Bureau of Investigation on local public corruption matters.

Since joining McGonigle after his 30 years of SEC and DOJ service, Mr. André has helped entities and individuals successfully resolve parallel SEC and DOJ matters. In addition to serving on McGonigle, P.C.’s White Collar Defense, Investigations & Compliance Counseling practice group, Mr. André also serves in the Regulatory Enforcement Defense practice group. He advises minority-owned financial service companies on regulatory and strategic matters, ranging from public policy and corporate governance to litigation, compliance, and administrative actions.

Representative Matters

  • Successfully represented a public company’s audit committee in an internal investigation after a corporate client’s account was breached and the company sustained material losses. Mr. André identified the problem, designed a solution, and helped the client implement the changes necessary to prevent future losses.

    Successfully represented an insider trading defendant in a parallel criminal case which eventually   became a case of first impression before the Third Circuit Court of Appeals. In a precedential opinion, the appellate court held that Section 32 of the Securities Exchange Act prohibits imprisonment for violation of an SEC rule or regulation where the defendant demonstrates by a preponderance of the evidence that he did not know the substance of the rule or regulation at the time of violation.

    Obtained a non-fraud and no-admission settlement for senior corporate officer at the conclusion of pretrial discovery in a litigated SEC federal court case charging revenue recognition fraud.

    Defended a former executive of a public company’s subsidiary in an SEC enforcement action and parallel criminal proceeding arising from an alleged revenue recognition fraud.

    Represented a Fortune 500 company in an internal investigation concerning whether an employee's alleged conduct exposed the company to violations of the Exchange Act.

  • Professional Affiliations

    • District of Columbia Bar Association
      - Member
    • New York Bar Association
      - Member
    • William B. Bryant American Inn of Court
      - Master
    • Association of Assistant United States Attorneys for the District of Columbia
      - Executive Committee
    • National Bar Association
      - Member
    • SchoolTalk
      - Board Member
    • Interfaith Action for Human Rights
      - Board Member