John Fagg is the co-head of the Litigation group and the co-head of the White Collar, Regulatory Defense, & Investigations practice. John represents companies and individuals under investigation by or facing charges from criminal and other government enforcement authorities throughout the United States and around the world. 

Overview

John regularly represents corporations and individuals in high profile criminal and government enforcement matters of all types.

John has represented clients in a wide variety of criminal and enforcement matters, including alleged securities fraud, commodities fraud, bank and lending fraud, antitrust violations, public corruption, health care fraud, accounting fraud, federal and state False Claims Act violations, and other violations of federal and state criminal and regulatory laws.

John regularly represents clients in investigations and enforcement cases brought by the U.S. Department of Justice (Criminal Division, Antitrust Division, and Public Integrity Unit, as well as U.S. Attorney’s Offices throughout the country), the Securities and Exchange Commission, the Commodities Futures Trading Commission, and state attorneys general.

John has extensive experience representing clients in cross-border investigations and proceedings, including matters in Canada, the U.K., Europe, South America, and Asia.

Over the last decade, John has represented clients in many of the most significant government investigations and proceedings involving the financial services industry.
A substantial part of his practice involves conducting corporate internal investigations, including sensitive matters involving allegations of securities violations and alleged violations of federal and state laws and regulations.

In addition to his white collar criminal defense and government enforcement practice, John is an experienced trial lawyer who represents clients in complex litigation, including securities litigation, shareholder derivative suits, other class actions, and false claims actions. He has defended clients in serial litigation in federal and state courts throughout the United States and in multi-district litigation.

In addition, John provides clients with counseling regarding regulatory compliance and corporate governance issues.

Representative Experience

White Collar Criminal Defense and Government Enforcement

  • Represented a global financial institution in a DOJ investigation and a parallel state investigation into price-fixing in fixed income markets
  • Represent the former CEO of a large food service company in defense of criminal antitrust charges
  • Led the firm’s representation of a global financial institution in a DOJ and CFTC investigation into allegations of market manipulation in precious metals markets
  • Led the firm’s representation of the owner of a company in a DOJ investigation into improper kickbacks in the healthcare industry
  • Led the firm’s representation of a client in a DOJ investigation into public corruption regarding government contracts
  • Led the firm’s representation of a company in a CFTC investigation
    into possible market manipulation in a wholesale commodities market
  • Led the firm’s representation of a distribution company in a State Attorney General’s Office False Claims Act investigation
  • Represented a global financial institution in global criminal and government enforcement investigations into FX, LIBOR, and other reference rates
  • Led the firm’s representation of a company in a DOJ investigation into securities fraud and accounting fraud
  • Led the firm’s representation of a client in a DOJ investigation into Medicaid fraud
  • Represented a client in a DOJ investigation into pay-to-play allegations regarding state pension funds
  • Represented multiple financial institutions in investigations into fraud in government-backed lending programs

Securities and Complex Commercial Litigation

  • Represented Bank of America in a shareholder derivative lawsuit relating to the acquisition of Merrill Lynch
  • Represent a former senior executive of a public company in a proposed class action alleging securities fraud
  • Successfully represented a manufacturing company in a federal jury trial regarding a commercial contract dispute, which resulted in a jury award of no liability
  • Represent a public company in defense of securities fraud claims under Section 10(b) of the Exchange Act
  • Represent a former senior executive of a public company in a shareholder derivative action
  • Representation in adversary proceeding of indenture trustee for loan participants that extended over $150 million in leveraged lease equipment financing in connection with lease to semiconductor manufacturer
  • Represented a public university and its officials in defense of litigation brought by a former student in federal court

Notable

Notable

  • North Carolina Super Lawyers, 2018-2021
  • North Carolina Pro Bono Honor Society, 2017-2018
  • Community Building Initiative, Leader Under 40
  • Coordinator, MVA/Legal Aid of North Carolina housing rights partnership, 2011-Present
  • Board of Directors, Council for Children's Rights, 2014-2020
  • President, Board of Directors, 2017-2018
  • Member, Moore & Van Allen's Public Service Committee
  • Steering Committee Member, Arts & Science Council, Young Donor Society, 2010-2012
  • Member, School of Law Honor Council, Wake Forest University
  • Access to Justice Pro Bono Partners 2013 Pro Bono Honor Roll, Legal Services of Southern Piedmont, Legal Aid of North Carolina–Charlotte, and Council for Children’s Rights
  • Individual Outstanding Pro Bono Service Award, Legal Aid of North Carolina-Charlotte, 2015

News

Blogs and Resources

Blog Posts

Affiliations

Affiliations

  • Federal Bar Association
  • National Association of Criminal Defense Lawyers
  • American Bar Association: Criminal Justice Section (White Collar Crime Committee); Litigation Section
  • North Carolina Bar Association
  • Justice William Bobbitt Inn of Court

Publications

Publications

  • Presenter, Navigating PPP Complexities, National Business Officers Association, December 2020
  • Contributor to Moore & Van Allen's MVA White Collar Defense, Investigations, and Regulatory Advice Blog, keeping clients up to date on the constantly evolving regulatory environment and serving as a thought leader as regulations and enforcement policy continue to develop.
  • "Risks to Consider When Contemplating a Deferred Prosecution Agreement," InsideCounsel.com, June 2012
  • "5 Tips for Conducting High-Value Internal Investigations," InsideCounsel.com, May 2012
  • "6 Factors When Choosing Counsel in Internal Investigations," InsideCounsel.com, May 2012
  • "How to Conduct Internal Investigations," InsideCounsel.com, April 2012
  • "Lights, Action, Interview," InsideCounsel.com, April 2012
  • "Litigation: Beware of Blue Collar Techniques in White Collar Investigations," InsideCounsel.com, March 2012
  • "Litigation: The Nuts and Bolts of Internal Investigations," InsideCounsel.com, March 2012
  • "Ignoring Risk Can Be the Biggest Risk of All," Charlotte Business Journal, June 2011
  • "Evaluating and Protecting Against Risk through a Corporate Risk Officer," Corporate Board Member, May 2011

Speaking Engagements

Speaking Engagements

  • Co-chair, North Carolina Bar Association’s 2015 White Collar Criminal Defense Seminar, moderated a panel of U.S. District Judges and presented on effective compliance programs, April 2015
  • Participant in the Cambridge Forum on Financial Institutions Enforcement. The Forum is a by-invitation meeting of a small group of highly experienced litigators and white collar defense lawyers – outside counsel and in-house litigators – from the U.S. and Europe who advise financial institutions on regulatory and enforcement matters, April 2015
  • Panel moderator, The Network of Trial Law Firm's Financial Services CLE SuperCourse, “A Continuing Trend- Investigations, Enforcement Actions and Prosecutions," September 2014
  • Panel speaker, The Network of Trial Law Firm's Financial Services CLE SuperCourse, "Regulatory and Enforcement Actions Arising from Fiduciary Relationships," September 2013

Education

B.A., University of North Carolina at Chapel Hill, 1999

J.D., Wake Forest University, 2002

Admissions

  • North Carolina, 2002
  • District of Columbia, 2003
  • All Federal District Courts in North Carolina
  • U.S. District Court for the District of Columbia
  • U.S. Court of Appeals, Fourth Circuit
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North Carolina Super Lawyers, 2018-2021

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