White & Case LLP - Lawyers - Fernando L. Aenlle-Rocha

Practice Experience

Fernando L. Aenlle-Rocha is a litigator who focuses his practice on white-collar criminal defense, business crimes investigations and complex civil litigation.

From 1990 through 1999, Mr. Aenlle-Rocha served as a federal prosecutor in the Criminal Division of the United States Attorney's Office in the Central District of California (Los Angeles) and Southern District of Florida (Miami) where he conducted numerous trials and directed complex federal grand jury investigations. From 1987 to 1990, Mr. Aenlle-Rocha served as a Deputy District Attorney in the Major Fraud and Central Trial Units of the Los Angeles County District Attorney's Office. As a prosecutor, Mr. Aenlle-Rocha has conducted over forty criminal jury trials in state and federal court.

In 1997, Mr. Aenlle-Rocha served as lead prosecutor and trial counsel in United States v. Rayhani, et. al., and successfully obtained the conviction of an international money laundering "kingpin" and four of his co-conspirators after a two and one-half month jury trial. For his work in the Rayhani case, Mr. Aenlle-Rocha received the 1998 United States Department of Justice Director's Award, awarded annually by the Attorney General of the United States and the Executive Office of United States Attorneys, along with commendations from various federal law enforcement agencies. He has also lectured on the use of foreign wiretaps and other evidence gathered abroad. In 1999, Mr. Aenlle-Rocha traveled to Venezuela on behalf of the United States Department of Justice to assist with the training of Venezuelan prosecutors.

Prior to joining White & Case, Mr. Aenlle-Rocha served as a partner in another international firm's White-Collar Criminal Defense Practice Group, where he regularly represented clients in civil and criminal investigations and trials in various sectors including financial institutions, health care providers, attorneys and corporate officers and directors in connection with federal and state bank, health care, securities, tax and environmental fraud investigations. Some of his most notable representations have included the following:

Banking / Tax compliance

Representation of a foreign governmental defeasance agency in connection with the prosecution by the U.S. Attorney's Office of a foreign financial institution for criminal violations of the Bank Holding Company Act; and
Representation of an importer of consumer goods in connection with a voluntary disclosure of tax irregularities to the Internal Revenue Service and California Franchise Tax Board.

Consumer Fraud

Representation of a quick lube franchise in connection with a criminal investigation by the District Attorney’s Office into fraudulent sales practices; and
Representation of a publicly traded computer systems consulting company and its current and former employees in connection with investigations by the California Attorney General's Office and state and federal legislatures arising out of the California energy crisis.

Defense / Government Contracts

Representation of an employee of a defense contractor in connection with an investigation by the Department of Defense/DCIS concerning contract performance fraud;
Representation of multiple defense contractor employees in connection with a criminal investigation by the U.S. Air Force and the U.S. Attorney's Office concerning contract performance fraud; and
Representation of the director of a governmental agency in connection with a criminal investigation by the U.S. Attorney's Office concerning the awarding of public contracts.

Environmental

Representation of a commercial real estate lending and developing company and its top executives in connection with a criminal investigation by the EPA and U.S. Attorney's Office arising from the release of asbestos during a hotel renovation project;
Representation of multiple oil company employees in connection with a criminal investigation by the EPA and the U.S. Attorney's Office arising from the disposal of petroleum refinery by-products; and
Representation of a recycling company in connection with a Cal-OSHA investigation into the circumstances surrounding the deaths of multiple employees.

Foreign Corrupt Practices Act (FCPA)

Representation of an international health care products manufacturer in connection with potential FCPA violations; and
Representation of an international distributor of consumer goods in connection with potential FCPA violations.

Health Care

Representation of a publicly traded health care provider in connection with multiple criminal investigations into the circumstances surrounding the accidental deaths of various patients;
Representation of a health care provider in connection with a criminal investigation by the U.S. Attorney's Office concerning billing practices and tax irregularities; and
Representation of a dietary supplement manufacturer and its officers in connection with a criminal investigation by the FDA and U.S. Attorney's Office arising out of the distribution of a growth hormone.

Representation of Professionals

Representation of several attorneys at a prominent Arizona law firm in connection with a criminal investigation by the Arizona Attorney General's Office into state securities law violations;
Representation of an attorney in connection with a criminal investigation by the U.S. Attorney's Office arising out of offshore financial transactions;
Representation of an attorney in connection with a criminal investigation by the U.S. Attorney's Office into the circumstances surrounding the hiring of locked out grocery workers during a labor dispute; and
Representation of a partner with a Big Four accounting firm in connection with a criminal investigation by the U.S. Attorney's Office into the marketing and sale of alleged tax shelters.

Securities

Representation of an attorney and prominent AMLAW 100 law firm in connection with an investigation by the SEC into client’s stock option practices;
Representation of an international shipping company in connection with an investigation by the SEC into stock option practices, resulting in no governmental action, penalties, or fines against the company;
Representation of an employee of a publicly traded consulting company in connection with investigations by the SEC and U.S. Attorney's Office into revenue recognition practices relating to software resale transactions; and
Representation of a corporate officer of a publicly traded company in connection with investigations by the SEC and U.S. Attorney's Office arising out of certain revenue recognition practices.

Mr. Aenlle-Rocha also has represented numerous parties in complex civil lawsuits, including Consortium de Realisation S.A., an agency of the Republic of France, in connection with ongoing litigation over the sale of the assets of the Executive Life Insurance Company, and a real estate investor in a breach of contract action. Each of these lawsuits resulted in the dismissal of some or all claims against White & Case clients.

Bars and Courts
California State Bar
California Supreme Court
Florida Supreme Court
US District Court for the Central and Northern Districts of California
US Court of Appeals for the Ninth and Eleventh Circuits

Education
JD, Boat Hall School of Law, University of California, Berkeley, Member of the Moot Court Board, 1986
AB, Princeton University, Woodrow Wilson School of Public and International Affairs, 1983

Professional Associations and Memberships
Regional Chair, Princeton University Alumni Schools Committee
President, Mexican American Bar Foundation
Director, Clergy Misconduct Oversight Board, Catholic Archdiocese of Los Angeles
Member, Association of Business Trial Lawyers
American Bar Association, Criminal Justice Section and White Collar Crime Committee
Member, Federal Bar Association

Publications
"Stock Option Backdating – Crossing the Line," California Litigation Report, February 2007
"The Stock Option Backdating Scandal: Taking Steps to Avoid Prosecution," Director's Monthly, published by the National Association of Corporate Directors, Vol. 30, No. 12, December 2006
"Correspondent Banking After September 11," Los Angeles Lawyer, Vol. 25, No. 6, September 2002

Speaking Engagements
“Conducting an Internal Investigation,” Corporate Ethics & FCPA Compliance, Dubai, 2008
“Building and Implementing an Effective Compliance Program: 8 Steps to Great Ethics Compliance,” Corporate Ethics & FCPA Compliance, Dubai, 2008
"The Corporate Citizen in the Modern Enforcement World," Hispanic National Bar Association's 33rd Annual Convention, Los Angeles, 2008
"Boiler Room: Hot Topics in Securities Laws," Hispanic National Bar Association's 33rd Annual Convention, Los Angeles, 2008
"How Actions by your Foreign Subsidiaries can lead to Criminal Liability in the U.S.," American Electronics Association, Santa Clara, 2008
"Private Investigators: How Much Information Can a Lawyer Ask to Find? Technical Advances in Snooping and Security," Association of Business Trial Lawyers, Napa, 2007
"Civil and Criminal Liability in Performing Fraud Investigations," American Institute of Certified Public Accountants, Las Vegas, 2006
"Liability of Accountants and Lawyers When Performing Internal Investigations," California Society of Certified Public Accountants, Los Angeles, 2006
"Criminal Issues Emerging in the Practice of Environmental Law," Criminal and Environmental Law Sections of the State Bar of California, Los Angeles, 2005
"Preservation of the Attorney-Client Privilege in the Corporate Setting," Minority Corporate Counsel Association, Chicago, 2005
"Impact of the Patriot Act on Correspondent Banking," California Minority Counsel Program, Los Angeles, 2004
"Financial Statement Fraud," California Society of Certified Public Accountants, Los Angeles and San Francisco, 2004

Languages
English
Spanish

Citizenship
United States