Philip A.
Selden

Phil Selden, the former Acting United States Attorney and First Assistant United States Attorney for the District of Maryland, is a member of the firm’s Litigation Department and White Collar Criminal Defense & Government Investigations Practice Group. Leveraging his over 15 years of experience as a first chair federal prosecutor, Phil counsels public and private companies, boards, and senior executives on complex criminal and civil regulatory matters, including corporate governance and risk involving investigations by the Department of Justice, Securities and Exchange Commission, Internal Revenue Service, Federal Trade Commission, Department of Health and Human Services, State Attorneys General and U.S. Attorneys’ Offices.

EXPERIENCE

Phil Selden draws upon extensive senior Department of Justice experience in representing clients with their most sensitive matters involving white collar, securities, crisis management as well as complex civil litigation and business disputes. Mr. Selden has secured numerous declinations and favorable resolutions for clients in multiple industries, including private equity, health care, construction, technology, professional services, and manufacturing, among others, as well as a select group of corporate executives.

Understanding how federal, state and international prosecutors and regulators think, what they look for, and how to achieve the best possible outcome, Mr. Selden guides clients through matters involving various venues, forums and courts, including:

• U.S. Department of Justice (DOJ)
• U.S. Securities and Exchange Commission (SEC)
• U.S. Small Business Administration – Office of Inspector General (SBA-OIG)
• U.S. Federal Trade Commission (FTC)
• Internal Revenue Service (IRS)
• State Attorneys General
• U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN)
• U.S. District Courts across the nation

During his 15-year career as a federal prosecutor and having served as the first chair for more than 20 jury trials, Mr. Selden investigated, prosecuted and managed a wide variety of cases, including:

• White collar
• False Claims Act violations
• National security
• Cybercrime
• Public corruption
• Money laundering matters
• Fraud by corporate entities and senior executives
• Procurement fraud
• Theft of intellectual property
• International export controls violations
• Terrorism financing
• Organized crime
• Racketeering
• False statements and obstruction of justice
• Multiple international corporate resolutions involving the Foreign Corrupt Practices Act

Before joining the Department of Justice, Mr. Selden worked at an international law firm where he handled complex commercial litigation and white collar matters on behalf of Fortune 500 companies and a select group of corporate executives.

Representative Matters

Government Enforcement Resolutions and Ongoing Engagements

• Lead counsel to agricultural company in successfully defending against federal RICO conspiracy and corruption claims alleging over $100 million in stolen public funds, securing dismissal in both U.S. District Court and the U.S. Circuit Court.
• Lead counsel to an independent director and interim CEO of a Publicly traded AI technology company in successfully defending a securities fraud class action arising from a short-seller report, achieving dismissal with prejudice after the court found plaintiffs failed to prove false statements, scienter, loss causation, or standing.
• Lead counsel to a former CEO and board member of NASDAQ-listed renewable energy company in response to parallel SEC and DOJ investigations involving alleged misappropriation of corporate and CARES Act COVID-19 PPP loan funds, negotiating a settlement allowing the client to resolve the matter without admitting the SEC’s findings while avoiding criminal prosecution.
• Lead white collar counsel to the former CEO and sole director of a healthcare real estate investment company in parallel SEC and state Attorney General investigations involving alleged securities fraud, misappropriation of funds, and consumer protection violations arising from securities offerings, while simultaneously defending multiple state investor civil actions.
• Lead counsel to international university senior administrator concerning alleged misuse of institutional funds and successfully negotiated resolution that avoided federal and state criminal law enforcement referral.
• Lead counsel in response to a U.S. Department of Health and Human Services investigation of a data breach and ransomware attack affecting a major regional healthcare system resulting in closure without fines or corrective governmental actions.
• Co-lead counsel to international law firm in response to potential class action lawsuits.
• Lead counsel to a portfolio company of one of the world’s largest private equity companies in response to defamation and libel claim resulting in voluntary dismissal of civil complaint.
• Represent CEO and board member of a publicly traded company in parallel SEC and state Attorney General investigations.
• Lead white-collar counsel to a private equity portfolio company in a False Claims Act investigation by U.S. Attorney’s Office and Small Business Administration’s Office of Inspector General.
• Co-lead counsel in defending False Claims Act investigation by U.S. Department of Justice and U.S. Small Business Administration concerning alleged CARES Act COVID-19 PPP loan fraud.
• Successfully secured payment for a national industrial transportation and marine supply company following long-term contract dispute including non-disclosure agreement.
• Lead counsel to CEO of a publicly traded company in a parallel SEC and DOJ investigation resulting from whistleblower allegations concerning malfeasance by corporate officers and directors.
• Lead counsel to private equity company in response to defamation and libel claim resulting in voluntary dismissal of civil complaint.
• Represent CEO and board member in SEC and state Attorney General investigations.
• Lead counsel in connection with a data breach attack resulting in approximately $5.8 million in theft from a major national construction company including successfully recovering over $5.6 million of stolen funds.
• Successfully represented national law firm in FTC advertisement inquiry resulting in no action being brought against the law firm.
• Lead white collar counsel representing international hospitality and leisure company in multiple U.S. Department of Justice criminal and civil investigations, SEC and international securities regulator investigation arising from a cross-border corporate collapse, coordinating with Chapter 11 bankruptcy proceedings.
• Counsel to a textile manufacturer in response to U.S. Attorney’s Office trade and tariff investigation.
• Represent private equity firm in False Claims Act investigation by U.S. Attorney’s Office, FBI and Small Business Administration’s Office of Inspector General.
• Lead counsel in internal investigation involving malfeasance by the CEO of private equity portfolio company.
• Represent private equity company in developing whistleblower compliance policies.
• Public companies and individuals: Represent witnesses and subpoena recipients in DOJ, SEC and State Attorneys General enforcement investigations.

Networks & Affiliations

Mr. Selden is a frequent speaker on emerging legal trends and at various law schools including having served as an adjunct faculty member at Harvard Law School’s Trial Advocacy Workshop, George Washington University Law School, Howard University School of Law and the University of Maryland Francis King Carey School of Law.

EDUCATION

Mr. Selden received his undergraduate degree from Georgetown University, magna cum laude, in the Government Department’s Honors Program. He also was a member of the Georgetown varsity Track and Field Team. Mr. Selden received his Master’s Degree in Government Administration from the University of Pennsylvania and his Juris Doctor degree from Columbia Law School, where he was a Harlan Fiske Stone Scholar, a Tony Patiño Fellow, and a Paula Jewell Fellow.

Honors & Awards

Mr. Selden’s work has been recognized with awards from the Department of Justice, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Social Security Administration, the Diplomatic Security Service, and the New York City Police Department. In 2020, he was named the Homeland Security Investigations Prosecutor of the Year award for his efforts in prosecuting domestic and international corruption.

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