Verified profile

Eric Sussman

Litigation Partner at Barnes & Thornburg LLP

Eric Sussman's profile photo
LocationChicagoIllinois, United States
Current rolePartnerBarnes & Thornburg LLP · since Oct 2021
Government service11yrsState's Attorney · U.S. Attorney’s Office

About

Eric Sussman is a former federal prosecutor and accomplished trial lawyer who defends clients in white collar criminal and securities enforcement matters, internal investigations and complex commercial litigation. He has tried over 35 federal and state cases, briefed and argued before the U.S. Court of Appeals for the Seventh Circuit, handled arbitration proceedings before the International Court of Arbitration, and directed hundreds of complex investigations. Clients – through Chambers and Partners – cite Eric as "a remarkable individual" who is "very intelligent and ... thoughtful in his analysis."

Eric’s extensive government and private practice experience in the white collar space provides him the unique ability to support clients undergoing internal investigations involving Foreign Corrupt Practices Act (FCPA), False Claims Act (FCA), Securities and Exchange Commission (SEC) violations and antitrust violations, Dodd-Frank whistleblower investigations, insider trading issues, and health care fraud matters, including FCA and Anti-Kickback allegations.

He also represents individuals and corporations in investigations and litigation with state attorneys general, the SEC, Department of Justice (DOJ), Commodities Futures Trading Commission (CFTC), Food and Drug Administration (FDA), Departure of Agriculture (USDA) and other governmental agencies. Additionally, Eric has successfully defended clients in proceedings involving the DOJ’s FCPA unit and Antitrust Division.

Eric served as deputy chief in the Financial Crimes and Special Prosecutions unit of the U.S. Attorney’s Office for the Northern District of Illinois in Chicago for over nine years. While in this role, Eric successfully prosecuted numerous high-profile white collar criminal cases, including the embezzlement of millions of dollars by Conrad Black and other top executives of Hollinger International, the willful violation of Occupational Safety and Health Administration (OSHA) regulations by one of the country’s largest electrical contracting companies, fraud and USDA food safety violations by a large food-storage warehouse company and the operations of a multi-million dollar jewelry theft ring.

Most recently, he served as the First Assistant State’s Attorney for Cook County where he supervised over 800 lawyers and investigators in the criminal, appellate and juvenile justice bureaus as well as the civil actions bureau.

Roles

Oct 2021–Present
Current role

Partner

Barnes & Thornburg LLP

Chicago, Illinois

Foreign Corrupt Practices Act (FCPA)Security and Law EnforcementSecurities LawHealth LawWhite Collar CrimeGovernmentProsecutorAppellate Litigation
Oct 2018–Oct 2021
Former role

Partner

Reed Smith LLP

Chicago, Illinois

Foreign Corrupt Practices Act (FCPA)Security and Law EnforcementHealthcare ServicesSecurities LawWhite Collar Crime

Eric is a former federal prosecutor who focuses his practice on white collar criminal defense, FCPA investigations, healthcare fraud, securities enforcement matters, internal investigations and complex commercial litigation.

Dec 2016–May 2018
Former role

First Assistant

State's Attorney

(appointed)Illinois

Real Estate AttorneyReal Estate LawManagementTax Attorney

Directed operations for second-largest prosecutor’s office in the nation with a budget of $170 million, reported directly to the State’s Attorney;
• Responsible for the management and supervision of approximately 800 lawyers and investigators handling civil, employment, criminal, appellate, and juvenile matters;
• Responsible for development and implementation of innovative legal and policy initiatives, including, bond reform policies, police accountability prosecution policies, gun-violence reduction strategies, conviction integrity safeguards and protocols; and
• Responsible for management and supervision of Civil Bureau handling state and federal litigation matters for Cook County relating to tax, real estate, insurance coverage, employment, civil rights and consumer fraud.

Jul 2014–Nov 2016
Former role

Partner

Paul Hastings

Chicago, Illinois

Criminal DefenseWhite Collar CrimeAccounting Assistant

Partner in Investigations and White Collar Defense Practice

Jun 2008–Jun 2014
Former role

Partner

Kaye Scholer LLP

Chicago, Illinois

Civil LitigationWhite Collar Crime

Eric concentrated his practice in complex civil and white collar criminal litigation, representing individuals and corporations in proceedings involving the SEC, DOJ and other governmental agencies. He regularly counsels healthcare companies and private equity funds on compliance and regulatory matters, including Foreign Corrupt Practices issues.

Apr 1999–Jun 2008
Former role

Deputy Chief

U.S. Attorney’s Office, Financial Crimes

(appointed)Illinois Northern District

Security and Law EnforcementSecurities LawHealth LawReal Estate LawCriminal LawCorporate LawTax Law

Eric supervised the successful prosecution of a wide array of cases, including complex securities fraud, tax offenses, regulatory violations, money laundering, racketeering, and computer-related investigations.
Eric was also the Food & Drug Administration Coordinator for the U.S. Attorney’s Office, where he worked with officials at the FDA and USDA to investigate and prosecute numerous criminal enforcement actions. He served as the lead prosecutor for a broad range of complex corporate fraud and regulatory investigations involving securities violations, corporate tax offenses, bank fraud, violations of food safety laws and workplace safety laws. Mr. Sussman has tried 29 federal cases, serving as first chair in 23 of them, and has briefed and argued multiple appeals before the U.S. Court of Appeals for the Seventh Circuit.

Sep 1994–Jun 1997
Former role

Associate

Sidley Austin

Attorney

Representative matters

Experience

April 2025

Represented a drug compounding company in an FCA matter in the District of Massachusetts involving allegations of fraud and kickbacks. Represented an international medical device manufacturer in FCA investigations and litigation in the District of Minnesota. Represented the CFO of publicly traded company in a DOJ/SEC securities fraud prosecution and related civil litigation matters in the Northern District of Illinois. Represented an electronic payment and electronic wage advancement company in a multi-state attorneys general investigation involving predatory lending practices. Represented a pharmaceutical CEO in an international insider trading prosecution brought by the U.S. Attorney's Office for the Southern District of Illinois. Represented a corporate employee in a DOJ investigation of suspected theft of sensitive government information. Represented a senior foreign executive charged by the DOJ with illegal arms trafficking in violation of the Arms Export Control Act. Represented hedge fund owners and managers on issues relating to disclosure obligations and potential liabilities. Represented a New York-based construction firm in connection with a DOJ investigation of alleged minority business fraud. Represented a wholesale food-distribution company in a USDA and DOJ criminal investigation. Represented the Bank of America in complex civil litigation involving allegations of financial fraud by senior executives at debtor companies. Represented a multinational company in a DOJ government contracting investigation. Represented a corporation and its senior executives in a criminal investigation involving export control violations for sales of products to Iran. Represented several Chicago-based financial services firms in connection with multiple SEC investigations of potential fraud and abuse. Represented court-appointed liquidators of hedge funds in the British Virgin Islands in ongoing federal litigation against the SEC and CFTC. Represented a high-frequency trading firm in multiple SEC investigations. Represented a senior AIG executive in regulatory investigations arising out of AIG's subprime-related losses. After investigations by the DOJ, the SEC, the U.K. Serious Fraud Office, and the U.K. Financial Services Authority, no charges were brought against AIG or any of its current or former employees. Represented an international hedge fund in connection with SEC and DOJ securities fraud proceedings against New York attorney Marc Dreier and related bankruptcy litigation. Represented Bodybuilding.com, the largest internet retailer of dietary supplements in the world, in a DOJ and FDA criminal investigation into the sale of misbranded drugs in violation of the Food, Drug, and Cosmetic Act. Represented a former contracting engineer for BP in a DOJ criminal prosecution alleging obstruction of justice. Represented international pharmaceutical companies and private equity funds in FCPA internal investigations and counselling. Represented a former executive at General Motors in the ongoing DOJ and SEC investigation involving ignition switches. Represented a Japanese manufacturing company and senior Japanese executives in multiple DOJ antitrust investigations involving the auto parts industry. Represented numerous international medical device companies in FCPA investigations before the DOJ FCPA Unit involving Brazil, China, India, Russia, Ukraine, Pakistan and various European countries. Represented respondents in an ICC arbitration in Singapore concerning a DOJ FCA investigation and allegations of fraud arising from the multi-billion dollar acquisition of an international pharmaceutical company. Represented an international drug maker in DOJ investigations involving allegations of fraud, cGMP violations, and obstruction of justice. Represented a drug compounding company in DEA investigations involving allegations of distribution of controlled substances. Represented an international medical device company in a DOJ investigation involving allegations of fraud, misbranding and violations of the Computer Fraud and Abuse Act by a reseller of ultrasound devices. Represented multiple surgical groups in an FCA matter involving allegations of fraud and kickbacks from a medical device manufacturer, in the SDNY. Represented an international business process outsourcing company in an Illinois Attorney General investigation into potential data security violations.

Recognition

Honors

Chambers USA: A Guide to America’s Leading Lawyers in Business

Chambers

Indianapolis | June 2024

Chambers USA has recognized 74 Barnes & Thornburg attorneys and awarded regional or national rankings to 17 practice areas in its 2024 edition.

Link

A Guide to America’s Leading Lawyers in Business

Chambers USA

Indianapolis | June 2023

Chambers USA: A Guide to America’s Leading Lawyers in Business has recognized 64 Barnes & Thornburg attorneys and 20 practice areas in its 2023 edition. The firm’s Environmental, Labor and Employment, and Product Liability and Mass Torts practices each received a nationwide ranking.

Link

29th edition of The Best Lawyers in America

The Best Lawyers in America®

April 2025

The 29th edition of The Best Lawyers in America evaluates more than 66,000 attorneys in 147 practice areas, covering all 50 states and the District of Columbia, and inclusion in this year’s publication is based on more than 10 million detailed evaluations of lawyers by other lawyers.

Link

Publications & speeches

Digital Asset Businesses Amp Up Their Compliance Measures to Avoid Insider Trading Actions

Barnes & Thornburg Blogs

August 2022

Several employees of digital asset platforms unexpectedly found themselves the focus of insider trading actions brought by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) earlier this summer. While some would say digital assets fall outside the government’s jurisdiction, the government actions highlight the pressing need for digital asset businesses to create robust policies and procedures to prevent prohibited trading activity on their platforms, systems, and interfaces.

Link

Hot Topics in SEC and DOJ Enforcement and Litigation 2023

Sandpiper Partners LLC

March 2023

This year’s complimentary in-person briefing offers a complete update on recent developments featuring the views of government speakers, legal professionals from top law firms, corporate counsel and advisers. The agenda reflects the latest topics of interest and how they will affect your strategy.

Link