Fernando Aenlle-Rocha | White & Case LLP International Law Firm, Global Law Practice
Fernando Aenlle-Rocha
Fernando Aenlle-Rocha

Fernando Aenlle-Rocha

Partner, Los Angeles

T +1 213 620 7723

T +1 213 620 7700

E FAenlle-Rocha@whitecase.com

in LinkedIn profile

Fernando Aenlle-Rocha represents clients in white-collar criminal defense matters, business crimes investigations and civil litigation, and provides compliance-related counseling. His strong record in this space spans more than 25 years, including 12 years working as a federal and state prosecutor.

Overview

Fernando is an experienced trial lawyer, having conducted more than 40 jury trials to verdict and hundreds of probable cause, evidentiary, and sentencing hearings and grand jury investigations.

His reputation is built upon his distinguished career as a federal prosecutor for the Criminal Division of the United States Attorney's Office in the Central District of California (Los Angeles) and Southern District of Florida (Miami). Fernando also served as a Deputy District Attorney in the Major Fraud and Central Trial Units of the Los Angeles County District Attorney's Office.

Drawing on a track record that spans more than 25 years, Fernando offers robust and effective support to US domestic and multinational companies and their executives and other professionals in connection with all aspects of corporate response to government and internal investigations and compliance efforts. He has represented clients before the US Department of Justice (DOJ), the US Securities and Exchange Commission (SEC), and the offices of various state attorneys general (AG), district attorneys and city attorneys.

Fernando regularly represents companies and their executives in matters involving alleged violations of the US Foreign Corrupt Practices Act (FCPA), the False Claims Act (FCA) and anti-money laundering laws (AML). Additionally, he counsels clients in civil and criminal enforcement matters involving fraud, securities, tax, health care, accounting and environmental laws. He also has significant experience in representing parties involved in complicated civil disputes, including claims for breach of contract, fraud, and forfeiture, before state and federal courts.

Notable cases during his time as a prosecutor included United States v. Rayhani et al., a two and a half month jury trial in which Fernando — as lead prosecutor and trial counsel — obtained the conviction of an international money laundering "kingpin" and four co-conspirators. As a result of his outstanding work on this case, he was awarded the United States Department of Justice's Director's Award by the Attorney General of the United States and the Executive Office of United States Attorneys.

Fernando is an active member of a number of influential professional bodies, including the US Magistrate Judges Merit Selection Panel for the US District Court of the Central District of California, and is currently a member of the Board of Directors of the American Bar Association's Southern California White Collar Crime Committee.

Committed to issues of diversity and community service within the legal profession, Fernando has served as President of the Mexican American Bar Foundation since 2008, is currently the Chair of the Clergy Misconduct Oversight Board for the Catholic Archdiocese of Los Angeles and serves as a member of White and Case's Diversity Committee.

A pro bono leader at the Firm, Fernando's numerous notable pro bono matters include serving as deputy general counsel to the Los Angeles County Citizens' Commission on Jail Violence.

Bars and Courts

  • California Supreme Court
  • Florida Supreme Court
  • US District Courts for the Central, Northern and Southern Districts of California
  • US Court of Appeals for the Ninth Circuit
  • US Supreme Court
  • US Court of International Trade

Education

  • JD, University of California, Berkeley, School of Law (Boalt Hall)
  • Princeton University, Woodrow Wilson School of Public and International Affairs

Languages

  • English
  • Spanish

Experience

Grupo Internacional De Asesores, ongoing

Representation of a Mexican company and its shareholders in a civil forfeiture action brought by the US Attorney's Office for the Central District of California, based on the alleged bribery of employees of a government-owned Mexican utility company in violation of the Foreign Corrupt Practices Act (FCPA).

Global Food Manufacturer and Distributor, ongoing

Providing advice to an international Latin America-based food manufacturer and distributor in connection with a global anti-corruption risk assessment, and the creation and implementation of global anti-corruption policies.

Health Technology Company, 2014

Representation of an electronic and personal health records provider in connection with an investigation by the California Attorney General's Office into possible violations of California law. Less than nine months after serving our client with a document subpoena, the Attorney General's Office terminated its investigation and declined prosecution.

Leading Food Distributor, 2014

Representation of an insurer with operations in Latin America regarding internal investigations into possible violations of company policies. These matters are being handled entirely in Spanish, and the issues the client faces in Latin America further highlight Fernando's experience advising companies with white collar needs in the region.

Leading Food Distributor, 2014

Representation of an importer and food distributor in connection with a criminal grand jury investigation by the US Attorney's Office for the Northern District of Illinois into allegations concerning the circumvention of antidumping duties applicable to Chinese-origin honey. No action was taken against our client.

Leading Chemical Distributor, 2013

Representation of a global importer in connection with a False Claims Act investigation by the US Attorney's Office, the US Department of Justice, and US Customs and Border Protection, regarding the origin of certain chemical products imported into the US without the payment of antidumping duties. The Department of Justice declined to intervene and the qui tam lawsuit was subsequently dismissed.

National Home Improvement Company, 2013

Representation of a national home improvement company in connection with a joint investigation by the Riverside County District Attorney's Office and San Diego City Attorney's Office into possible violations of California consumer protection laws.

International Hardware Distributor, 2012

Representation of an international hardware distributor in connection with multiple international investigations concerning potential FCPA violations involving subsidiaries in China and Latin America.

US National Title Company, 2012

Representation of a national title company in connection with a criminal investigation by the Nevada Attorney General into allegations of mortgage fraud. Following the completion of an internal investigation into the allegations, no action was taken by the Attorney General.

French Government-Owned Defeasance Company, 2011

Representation of Consortium de Réalisation (CDR), a European governmental defeasance entity, in litigation brought by AIG Retirement Services, Inc. in US district court in California, involving tort and contract claims seeking approximately US $1 billion in damages. After various wins before the district court, a favorable settlement was reached.

Speaking Engagements

"US DoJ and FCPA Updates and How They Affect Operations in Mexico: What to Expect of the New Compliance Counsel, Executive Liability post Yates Memo and How its Reach Extends to Mexico", 2016: American Conference Institute's 3rd Mexico Summit on Anti-Corruption,
Mexico

"Uncovering Bribery Risks in Domestic and Cross-Border Mergers & Acquisitions: How to Conduct Effective Pre-Merger Due Diligence to Mitigate Potential Liabilities", 2015: American Conference Institute's 2nd Mexico Summit on Anti-Corruption,
Mexico

"Troubles Abroad", 2014: Institute for Advanced Corporate Counsel, Burlingame

"Introduction to the Foreign Corrupt Practices Act: Understanding the FCPA and Ensuring FCPA Compliance", 2013: Arias & Muñoz, San Jose, Costa Rica

"Demystifying U.S. Anti-Money Laundering Laws", 2010: California Society of Certified Public Accountants, Los Angeles

"Challenges and Opportunities in Managing Compliance Risk", 2010: 5th Annual FCPA & Anti-Corruption Compliance Conference, San Francisco

Publications

  • And Up to Twenty Years in Prison: The Criminalization of US Customs Violations, Law360, July 2015
  • Stock Option Backdating – What It Means for Your Company, Workspan, May 2007
  • 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

Awards & Recognition

Criminal Defense, The Best Lawyers in America, 2010-2014

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