Verified profile

Brian L. Whisler

Partner at Baker & McKenzie LLP

Brian L. Whisler's profile photo
LocationWashingtonDistrict of Columbia, United States
Current rolePartnerBaker McKenzie · since Aug 2008
Government service19yrsU.S. Department of Justice (DOJ) · U.S. Attorney’s Office · The White House · U.S. House of Representatives

About

Brian Whisler is a senior leader in the Litigation and Government Enforcement Practice, and has previously served as Chair of the DC Litigation and Government Enforcement Practice Group. He is a member of the Global Compliance and Investigations, Dispute Resolution and Health Care and Life Sciences Practice Groups.

Prior to joining Baker McKenzie, Brian served for fifteen years as a federal prosecutor with the US Department of Justice. During that time, he was the Criminal Chief Assistant US Attorney in the Eastern District of Virginia, Richmond, overseeing and prosecuting cases ranging from white collar crime, violent crime, public corruption, and terrorism. His trial practice focused predominantly on white collar cases, including health care fraud, securities fraud, public corruption, money laundering and tax fraud. He previously served as an Assistant US Attorney for the Western District of North Carolina for ten years, where he focused on white collar prosecutions and received the Attorney General’s Award for his prosecutions in a money laundering investigation resulting in convictions of more than 25 defendants after three jury trials and multiple guilty pleas. He also served as Chief of Appeals and Health Care Fraud Coordinator for the same jurisdiction.

Brian has also served as adjunct professor at the University of Richmond, TC Williams School of Law and an instructor at the National Advocacy Center for the US Justice Department in Columbia, South Carolina.

Roles

Aug 2008–Present
Current role

Partner

Baker McKenzie

Washington, District of Columbia

Civil LitigationInvestigationsWhite Collar CrimeComplianceCriminal Investigation

Brian has extensive federal trial and appellate experience, having tried over 30 cases to verdict and argued more than 40 cases at the federal appellate level. He is experienced in handling a broad range of civil and criminal matters, including cases implicating the Foreign Corrupt Practices Act, False Claims Act, Anti-Money Laundering laws, Health Care Fraud, Securities Fraud, and Procurement Fraud.

Brian has led multijurisdictional internal investigations and provided regulatory advice to multinational and domestic clients across many sectors, including oil and gas services, pharmaceuticals, financial services, manufacturing, and telecommunications. Additionally, he has developed compliance programs for Fortune 50 corporate clients, advised Boards and Audit Committees, guided companies and individuals in government investigations in multiple global jurisdictions and defended clients in criminal and civil litigation. He also represents companies and individual clients in investigations before multilateral institutions, including the World Bank, Asian Development Bank, the Inter-American Development Bank, as well as the US Agency for International Development, the United Nations, and the Global Fund.

Jan 2004–Jan 2008
Former role

Adjunct Professor

TC Williams School of Law, University of Richmond

Richmond, Virginia

ProfessorEducation Law

Instructor for Trial and Appellate Skills.

Feb 2001–Nov 2001
Former role

Counsel to Deputy Attorney General

U.S. Department of Justice (DOJ)

(appointed)

Attorney AdvisorLegal AssistantLegal

Served as Counsel to Deputy Attorney General Robert S. Mueller, III

Feb 1993–Aug 2008
Former role

Assistant U.S. Attorney

U.S. Attorney’s Office

(appointed)Virginia

ProsecutorAppellate Litigation

He previously served as an Assistant US Attorney for the Western District of North Carolina for ten years.

Jan 1990–Dec 1992
Former role

Legislative Counsel

The White House, Office of National Drug Control Policy

(appointed)District of Columbia

Attorney AdvisorResearchLegal
Jan 1989–Feb 1990
Former role

Legislative Counsel

U.S. House of Representatives

(appointed)

Attorney AdvisorResearch

Served as legislative counsel to member of U.S. House Judiciary Committee.

Representative matters

Legal

July 2025

-Represented investment advisor firm and its president in a civil enforcement action brought by the Securities and Exchange Commission, resulting in a favorable settlement based on allegation of negligent conduct. -Represented multiple entities and individuals in US Department of Justice investigation predicated on the Panama Papers. -Represented state executives in US Environmental Protection Agency suspension and debarment proceedings, resulting in dismissal of suspensions. -Secured from the US Justice Department a declination of prosecution with no financial penalty for a US government contractor after making a voluntary disclosure and conducting an internal investigation of conduct in Afghanistan. -Representing a multinational company in pending investigations before the World Bank, US Justice Department and UK Serious Fraud Office -Represented a US-based consulting company in an FCPA investigation before the US Justice Department and Securities & Exchange Commission. -Served as pool counsel for witnesses from the Cabinet and Senior Staff of Governor McDonnell in federal corruption case of U.S. v. Robert McDonnell et. al., Eastern District of Virginia. -Represented a US defense contractor in FCPA investigation before the US Justice Department. -Represented a global financial institution in FCPA investigation before the US Justice Department. -Represented a member of the US Congress in a federal grand jury investigation. -Represented a multinational corporation before the Global Fund Sanctions Board. -Represented a global engineering firm in FCPA investigations before the DOJ and World Bank. -Conducted anti-money laundering risk assessment for a global hospitality company. -Prepared anti-money laundering manual and procedures for a Mexican-based multinational company. -Acted as counsel of a US-based multinational company in a money laundering investigation in a Mexican affiliate. -Represented a multinational company before United Nations Development Program (UNDP) in sanctions investigation. -Represented a physician before HHS-OIG exclusion proceedings. -Advised the audit committee of a Fortune 50 multinational company regarding anti-corruption compliance policies and procedures. -Advised a global medical device company on pre-acquisition due diligence and related anticorruption compliance issues. -Represented a global provider of oil and gas services corporate client as compliance counsel during a federal criminal and civil investigation. -Represented a global consulting company before The World Bank Sanctions Board and argued successfully for one year conditional non-debarment. -Represented a Dodd-Frank whistleblower before SEC. -Represented a physician in federal criminal health care fraud prosecution, resulting in probationary sentence. -Led pre-acquisition due diligence and designed post-closing compliance program for global financial services client. -Conducted an internal investigation for an international provider of medical and safety technology during a federal grand jury investigation. -Represented an individual client during a multi-jurisdictional federal grand jury investigation of procurement fraud involving US Military contracts and secured a post-indictment dismissal of all charges. -Designed and implemented corporate compliance program for a global food product manufacturer. -Conducted internal investigation into FCPA allegations for global telecommunications provider. -Represented an individual client during a multi-agency US procurement fraud investigation. -Served as co-counsel in federal grand jury representation of witness in Justice Department probe of supplier of parts and equipment to US military -Representing a multinational manufacturing company in a congressional investigation.

Publications & speeches

United States: Filling the Gap – Enforcement Efforts Following the Pause in FCPA Cases

Baker McKenzie InsightPlus

April 2025

On April 2, 2025, California Attorney General Rob Bonta issued a Legal Advisory ("Advisory") reminding businesses operating in California that it is illegal to make payments to foreign government officials to obtain or retain business. This Advisory followed the Trump Administration's Executive Order issued in February largely suspending enforcement of the Foreign Corrupt Practices Act (FCPA), which prohibits bribing foreign government officials to obtain or retain business and requires companies to maintain accurate books and records.

Link

How FARA May Be Affected By New Case Law And Reforms

Law360

February 2023

Co-author

Link

COVID-19 Brings Increased Scrutiny from Development Banks

Ethisphere Magazine

December 2020

The Multilateral Development Banks (MDBs) and other international financing institutions (IFIs) are preparing for the increased risk of fraud and corruption that will follow the release of significant emergency funds to combat the COVID-19 global pandemic and its effects. Companies operating in low- and middle-income countries should prepare for this increased risk by reviewing their compliance systems and ensuring they conform to the international standards set by MDB members in the Integrity Compliance Guidelines (ICGs). We anticipate that companies in the healthcare, public infrastructure, and extractive sectors as well as other companies that are associated with MDB-financed projects will be most affected.

Link

Anticipating New French Anti-Corruption Rules

Law360

September 2015

Co-author

Why DOJ Struggles to Convict Individuals in FCPA cases

Law360

September 2015

Author

Internal Investigations Best Practices

Ethisphere Global Ethics Summit

April 2021

Moderator/Panelist

Dow Jones Risk and Compliance Seminar

Tokyo, Japan

February 2019

Panelist

Global Enforcement of Anti-Corruption

International Bar Association — Paris, France

June 2017

Panelist

Managing Cross-Border Risks in Investigations and Prosecutions

OECD — Paris, France

June 2017

International Bar Association 15th Annual Anti-corruption Conference

Addressing Reputational Risks and Improving Compliance in Multilateral Projects - The World Bank Sanctions System & Anti-Corruption Efforts

Embassy of Spain — Madrid, Spain

June 2017

Panelist