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Fulbright & Jaworski L.L.P., Fulbright & Jaworski, Fulbright and Jaworski, Fulbright, Richard Smith, Washington D.C., D.C., white collar crime, litigation, Corporate Compliance
Richard Craig Smith - Fulbright & Jaworski LLP
Richard Craig Smith
Partner
D: +1 202 662 4795
Washington, D.C.
Market Square
801 Pennsylvania Avenue, N.W.
Washington, DC 20004-2623
T: +1 202 662 0200
F: +1 202 662 4643
AREAS OF CONCENTRATION
EXPERIENCE

Richard Smith is a partner in Fulbright & Jaworski L.L.P.'s Washington, D.C., office where he focuses on litigation and white collar crime. He also is chair of the firm's Global White Collar Crime and Government Investigations practice group and co-chair of the firm's Subprime practice group.

At his previous firm, Richard was the chair of their Litigation Group in the Washington, D.C., office and co-chair of the White Collar, Parallel Proceedings and Corporate Advisory Practice Group. He has extensive experience representing corporate entities, their executives and employees in connection with grand jury investigations, white collar crime criminal prosecutions and criminal antitrust investigations and prosecutions. He also has experience representing business entities and executives in such civil matters as breach of contracts, tortious interference of business relationships, business conspiracy, fraud, criminal conversion and forum non conveniens. 

Richard was the former Acting Chief and Principal Deputy Chief for Litigation of the Fraud Section of the U.S. Department of Justice (DOJ), Criminal Division where he supervised the litigation activities of all trial attorneys in the investigation, indictment, and trial of criminal matters involving violations of conspiracy, wire and mail fraud, bank fraud, securities fraud, false books and records, obstruction of justice, money laundering, FCPA, and RICO statutes among others, and has 20 years of trial experience, handling over 100 criminal and civil cases in state and federal courts throughout the U.S. 

While at the DOJ, Richard tried the first cases prosecuted under the Sarbanes-Oxley statute and was instrumental in executing a new strategy to quickly investigate and prosecute corporate fraud matters. Richard also was Counsel to the Director of the Executive Office for the U.S. Attorneys where he served as the attorney-advisor to the Attorney General's Advisory Committee and represented the interests of all U.S. Attorneys. For five consecutive years, Richard received the "Special Achievement Award" recognizing his work at the DOJ.

He previously worked for six years as an Assistant U.S. Attorney in the Southern District of Texas, where he conducted long term grand jury investigations, prosecuted and tried numerous complex white collar and public corruption cases, and successfully argued four cases before the Fifth Circuit Court of Appeals. He began his career trying criminal cases as an Assistant State Attorney in Jacksonville, Florida.

PROFESSIONAL ACTIVITIES and MEMBERSHIPS
  • Edward Bennett Williams Inn of Court (2002 - present) 
  • University of Florida College of Law Prosecutor/Public Defender Trial Training Program, Faculty Member (1993 - 1998)
  • American Inns of Court (1993 - 1995)
  • The Federal Bar Association (1993 - 1994)
  • Jacksonville Bar Association, member - Professionalism committee (1991 - 1992)
  • D.W. Perkins Bar Association, President (1992)
PROFESSIONAL HONORS
  • “Outstanding Service and Leadership Award,” The Attorney General's Advisory Committee of the U.S. Attorneys (2001)
  • “Arthur S. Fleming Award,” George Washington University, for outstanding federal employees (1999)
  • "Director's Award for Superior Performance,” U.S. Department of Justice, Executive Office for the U.S. Attorneys (1998)
  • Award for outstanding prospective skills and assistance provided to the FBI in the Starr County, Texas Public Corruption Investigation of Sheriff Eugenio "Gene" Falcon, U.S. Department of Justice, Federal Bureau of Investigation (1998)
  • Special Commendation for the successful prosecution of Operation Mr. Clean, U.S. Attorneys Office, Southern District of Texas (1998)
  • “Outstanding Professional Counsel and Prosecution,” Eduardo Payan Investigation, U.S. Department of Justice, Office of Inspector General (1997)
  • “Certificate of Service and Academic Achievement,” Florida Bar Foundation Public Service Law Fellow, University of Florida College of Law and the Center for Governmental Responsibility (1986 - 1987)
PUBLICATIONS
  • Co-author, "Gossip and Conclusory Statements Insufficient to Prove FCPA Charges: Key Points From the O’Shea Acquittal," Fulbright Briefing, January 23, 2012
  • Co-author, "Critical Findings and Practical Lessons: Conviction Against First Corporate Defendant Tried For FCPA Violations Vacated Because of Prosecutorial Misconduct," Fulbright Briefing, December 8, 2011
  • Co-author, "The Latest In FCPA Enforcement," Law360, November 1, 2011
  • Co-author, "To Pay Or Not To Pay For Gov't Official Travel," Law360, September 26, 2011
  • Co-author, "House Hearing Suggests FCPA Amendments May Be Forthcoming," Fulbright Briefing, June 17, 2011
  • Co-author, "Recent FCPA Guilty Plea Demonstrates the DOJ’s Ongoing Commitment to Prosecuting Executives for FCPA Violations," Fulbright Briefing, May 24, 2011
  • Co-author, "The FCPA's Increasingly Global Reach," Law360 Competition, May 19, 2011
  • Co-author, "Tenaris Settles FCPA Charges: First Use of Deferred Prosecution Agreement by the SEC," Fulbright Alert, May 18, 2011
  • Co-author, "Federal Jury Convicts FCPA Defendants, Including First Corporate FCPA Defendant To Be Convicted," Fulbright Alert, May 11, 2011
  • Co-author, "JGC Corporation Settles FCPA Charges: DOJ’s Expansive Jurisdictional Reach Results in Stiff Penalties," Fulbright Briefing, April 8, 2011
  • Co-author, "California Court Retains Government’s Broad Interpretation of ‘Foreign Official’ Under the FCPA," Fulbright Alert, April 4, 2011
  • Co-author, "International Reach of UK Bribery Act Drawn Back as UK Government Release Long-Awaited Guidance," Fulbright Alert, March 31, 2011
  • Co-author, "China Remains An FCPA Hotspot," Law360, February 24, 2011
  • Co-author, "SEC Initiates Investigation of Financial Institutions and Sovereign Wealth Funds for Potential FCPA Violations," Fulbright Briefing, February 18, 2011
  • Co-author, "FCPA Guidance In Alcatel-Lucent Settlements," Law 360, February 1, 2011
  • Co-author, "U.S. Senate Hearing on FCPA Enforcement," International Anti-Corruption Committee Newsletter, January 2011
  • Co-author, "Granados and Caceres Indictments Latest in FCPA Individual Prosecutions," Fulbright Briefing, December 22, 2010
  • Co-author, "Congress Examines FCPA Enforcement," Fulbright Briefing, December 3, 2010
  • Co-author, "SEC Proposes New Rules to Incentivize Whistleblower Reports and Prevent ‘Unintended Consequences’ for Corporations," Fulbright Briefing, December 2, 2010
  • Co-author, "The Effect of Sentencing Guidelines Amendments," Law360, December 2010
  • Co-author, "Amendments to Organisational Sentencing Guidelines Take Effect," International Law Office, November 15, 2010
  • Co-author, "Amendments to Organizational Sentencing Guidelines Take Effect, Impact Corporate Compliance," Fulbright Briefing, November 4, 2010
  • "Top Compliance Risks for Boards," Corporate Board Member Magazine, Fourth Quarter, 2010
  • Co-author, "FCPA Pharma Investigation Expands," Fulbright Briefing, August 19, 2010
  • Co-author, "DOJ Issues Guidance on Government-Compelled Grants," International Law Office, August 16, 2010
  • Co-author, "DOJ Issues FCPA Guidance on Government-Compelled Grants," Fulbright Briefing, July 30, 2010
  • Co-author, "Dodd-Frank Act to Have Major Implications on Foreign Corrupt Practices," Fulbright Briefing, July 21, 2010
  • Co-author, "DOJ and SEC Extract $338 Million in Fines and Disgorgement from French Issuer for FCPA Violation," Fulbright Alert, June 2010
  • Co-author, "U.S. Supreme Court Narrows 'Honest Services' Fraud Statute," Fulbright Alert, June 2010
  • Co-author, "Corporate Governance At-A-Glance," The International Law Firm of Fulbright & Jaworski - Corporate Governance, May 25, 2010
  • Co-author, "First DOJ Opinion Procedure Release of 2010 Permits Payment to Foreign Official," Fulbright Briefing, May 18, 2010
  • Co-author, "The Foreign Corrupt Practices Act: The Healthcare Industry is Under the Microscope," American Health Lawyers Association, April 13, 2010
  • Co-author, "Bribery Act 2010: A New Era for UK Enforcement of Bribery and Corruption Offences?," Fulbright Alert, April 9, 2010
  • Co-author, "Guilty Plea Highlights Increased FCPA Enforcement in 2010," Fulbright Briefing, March 19, 2010
  • Co-author, "White Collar Crime," The Champion, March 2010
  • Co-author, "International Regulatory Cooperation: Court of Appeal Supports FSA’s Assistance of SEC in Request for Documents," Fulbright Briefing, March 4, 2010
  • Co-author, "FCPA Enforcement Update: DOJ Targets the Health Care Industry," Fulbright Briefing, February 9, 2010
  • Co-author, "DOJ Launches the Largest Single Investigation and Prosecution Action Against Individuals in the History of the FCPA," Fulbright Alert, January 20, 2010
  • Co-author, "Managing Corporate Conduct: The Board's Role in Internal Investigations," Corporate Board Member, First Quarter 2010
  • Co-author, "DOJ and SEC Impose Penalties Against UTStarcom for FCPA Violations," Fulbright Briefing, January 6, 2010
  • Co-author, "Increased International Anti-Corruption Enforcement Highlighted in Fine Imposed by German Authorities," Fulbright Briefing, December 18, 2009
  • Co-author, "Recent International Anti-Corruption Enforcement Efforts & Compliance Guidance," Fulbright Briefing, December 14, 2009
  • "Honest Services Fraud Before the Supreme Court: What to Expect and What Is at Stake," Washington Legal Foundation, December 2, 2009
  • Co-author, "Former Manager of Texas Business Arrested for His Role in Conspiring to Bribe Mexican Officials," Fulbright Briefing, November 24, 2009
  • Co-author, "Former U.S. Representative William Jefferson Sentenced to 13 Years’ Imprisonment," Fulbright Briefing, November 16, 2009
  • Co-author, "Pharmaceutical Companies Receive FCPA Warning," Fulbright Alert, November 13, 2009
  • Co-author, "Importance of Effective Anti-corruption Programmes," International Law Office, November 9, 2009
  • Co-author, "DOJ Wins Guilty Verdict in FCPA Case Against L.A. Film Executives," Fulbright Alert, September 15, 2009
  • Co-author, "Individual Enforcement and International Cooperation Highlighted in FCPA Guilty Plea," Fulbright Briefing, September 8, 2009
  • Co-author, "SEC Invokes Control Person Liability Provisions of the Exchange Act to Heighten Potential Exposure for FCPA Violations," Fulbright Briefing, August 20, 2009
  • Co-author, "SEC Announces Creation of FCPA Specialized Unit," Fulbright Briefing, August 11, 2009
  • Co-author, "High Profile Conviction Likely To Further Bolster FCPA Enforcement," Fulbright Alert, July 13, 2009
  • Co-author, "High Court Upholds Right of State Prosecutors to Enforce State Fair Lending Laws Against National Banks," Fulbright Briefing, July 6, 2009
  • Co-author, "Proposed Legislation May Expand the Occupational Safety and Health Act’s Applicability and Increase Penalties," Fulbright Briefing, June 11, 2009
  • Co-author, "Without Warning...Critical Response in the Aftermath of Disaster," The International Law Firm of Fulbright & Jaworski - Mass Tort and Catastrophic Litigation, May 28, 2009
  • Co-author, "Novo Nordisk A/S Agrees to Pay Over $18 Million to Resolve Oil for Food Allegations," Fulbright Briefing, May 13, 2009
  • Co-author, "Fulbright Forum: Corporations Beware: What to Do When the Government Comes Knocking," The International Law Firm of Fulbright & Jaworski - Investigations, May 5, 2009
  • Co-author, "The Draft Bribery Bill – The Next Significant Step in the UK Government’s Fight Against Bribery and Corruption," Fulbright Briefing, March 27, 2009
  • Co-author, "Washington Health Care Update," The International Law Firm of Fulbright & Jaworski - Health Care, January 16, 2009
  • Co-author, "FCPA Enforcement Trends: More International Cooperation and Forfeiture Actions?," Fulbright Briefing, January 15, 2009
  • Co-author, "Fiat To Pay $17.8 million In Oil For Food Settlement," Fulbright Briefing, January 2, 2009
  • Co-author, "Record-Setting Penalty Imposed for FCPA Violations," Fulbright Briefing, December 22, 2008
  • Co-author, "FCPA Enforcement Trends: Increased Individual Prosecutions, Cooperation Between Different DOJ Enforcement Divisions, and Penalties.," Fulbright Briefing, December 15, 2008
  • Co-author, "Directors Roundtable Los Angeles - International Regulation of Trade," The International Law Firm of Fulbright & Jaworski - General Counsel Roundtable, November 11, 2008
  • Co-author, "The Rise of Corporate Monitors: Prevalence, Pitfalls, and Prevention," American Bar Association FCPA October 2008 Conference Material, October 2008
  • Co-author, "Directors Roundtable Dallas - International Regulation of Trade," The International Law Firm of Fulbright & Jaworski - General Counsel Roundtable, September 26, 2008
  • Co-author, "Three Important Developments on Privilege Waiver and Advancement of Attorneys’ Fees Change the Landscape for Government and Corporate Investigations," Fulbright ALERT, August 29, 2008
  • Co-author, "Growing Credit Crisis: New York, SEC, and Nine Other States Launch Investigations Into Auction-Rates Securities Market," Fulbright Briefing, April 21, 2008
  • Co-author, "Men in Black: Handling Government Investigations and Second Requests," 2007 E-Solutions Web Seminar Series, September 25, 2007
SPEECHES
  • Speaker, "International Anti-Bribery Regulation and Enforcement, including the Bribery Act 2010," Fulbright & Jaworski, LLP, London, United Kingdom, September 14, 2010
  • Panelist, "FCPA Boot Camp," SEC Headquarters, Washington, D.C., July 28, 2010
  • Co-Speaker with Paul Jacobs, "Managing Corporate Conduct: The Board's Role in Internal Investigations," Corporate Board Member, First Quarter 2010
  • Speaker, "The Ever-Expanding Foreign Corrupt Practices Act: Risk Management, Due Diligence and Compliance Strategies," Fulbright Breakfast Seminar, New York, New York, September 10, 2009
  • Speaker, "Fulbright Forum:  Corporations Beware:  What to Do When the Government Comes Knocking,"  Fulbright Web Seminar, May 5, 2009
  • Speaker, "Recent Developments in Foreign Corrupt Practices Cases," 23rd Annual National Institute on White Collar Crime, San Francisco, California, March 5, 2009 
  • "Litigation Trends: Preparing for the Coming Wave of Government Investigations," Fulbright & Jaworski L.L.P., Washington, D.C., November 20, 2008
  • "Internal Investigations," Washington Healthcare Summit 2008, Arlington, VA, November 17, 2008
  • "International Regulation of Trade," Directors Roundtable seminar, co-hosted by Fulbright & Jaworski L.L.P. and Deloitte Financial Advisory Services, Los Angeles, California, November 11, 2008
  • "The Rise of Corporate Monitors: Prevalence, Pitfalls and Prevention," National Institute on the Foreign Corrupt Practices Act, Houston, Texas, October 16 - 17, 2008
  • "Fulbright's Fifth Annual Litigation Trends Survey Findings Seminar," Fulbright & Jaworski L.L.P. and Bloomberg Law seminar, New York, New York, October 14, 2008
  • "Hot Issues in Attorney-Client Privilege: Investigations and International Issues," Fulbright & Jaworski L.L.P., Houston, Texas, October 7, 2008
  • "Government Investigations and Attorney-Client Privilege," Chicago Bridge & Iron Legal Department Conference, Houston, Texas, October 2008
  • "International Regulation of Trade," Directors Roundtable seminar, co-hosted by Fulbright & Jaworski L.L.P. and Forensic Risk Alliance, Dallas, Texas, September 26, 2008
  • "Managing Risk in Global Operations: Defining New Strategies Under the Foreign Corrupt Practices Act," Economist Conferences, New York, New York, September 23, 2008
  • "The Subprime Mortgage Crisis: Causes, Forecasts and Legal Implications," Fulbright & Jaworski L.L.P. seminar, New York, New York, April 4, 2008
  • "Compliance Challenges: The U.S. Foreign Corrupt Practices Act," Fulbright & Jaworski L.L.P. and TRACE International seminar, Denver, Colorado, February 28, 2008
  • "Lessons for Transactional Lawyers: Reducing the Risks of Post-Transactional Enforcement Activity Beyond the Transaction Closes," ABA Health Law Section, 9th Annual Conference on Emerging Issues in Healthcare Law, San Diego, California, February 21, 2008
  • "Between a Rock and Hard Place: Successful Advocacy in the Face of Parallel Investigations," New York City Bar, New York, New York, October 25, 2007
  • "The Sarbanes-Oxley Act of 2002 Five Years Later: Assessing Its Impact, Charting Its Future," University of Maryland School of Law, Baltimore, Maryland, October 19, 2007
  • “Men in Black: Handling Government Investigations and Second Requests,” Fulbright & Jaworski L.L.P. Web Seminar, September 25, 2007
  • “Compliance Challenges:  The U.S. Foreign Corrupt Practices Act,” Fulbright & Jaworski L.L.P. and TRACE International seminar, Minneapolis, Minnesota, September 2007
  • "Beyond Mentoring - Ensuring and Cultivating Attorney Development,” 4th National Forum on Law Firm Diversity, New York, New York, March 2007
  • “Overcoming Adversity within Diversity - Success,” 4th National Forum on Law Firm Diversity, New York, New York, March 2007
  • “A Searching Inquiry into Failures of Corporate Ethics: WorldCom, Tyco and HealthSouth,” Medtronic Business and Law Roundtable, University of St. Thomas, St. Paul, Minnesota, November 2006
  • “Trying Complex Securities Fraud Cases: Lessons From the Courtroom,” ABA National Institute on Securities Fraud, Washington, D.C., September 2006
  • “Legal Audits: A key Component of Compliance Programs,” Minority Corporate Counsel Association 5th Annual CLE Expo, Chicago, Illinois, March 2006
EDUCATIONAL BACKGROUND

2000 - LL.M., Health Law, University of Houston Law Center
1987 - J.D., University of Florida College of Law
1984 - M.A., Political Science, University of Florida
1983 - B.A., Political Science, Alabama A&M University

Richard is admitted to practice law in the District of Columbia, Florida, before the U.S. District Court for the Middle District of Florida, District of Columbia, Maryland and before the U.S. Court of Appeals for the Fifth Circuit and the District of Columbia Court of Appeals.







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