Kenneth Caruso is a partner in the White Collar and Commercial Litigation practice at White & Case. He has over 30 years of private and public legal experience. Mr. Caruso specializes in civil and criminal litigation and investigations, usually involving international and trans-national matters, primarily for financial institutions in the United States and around the world. He has been recognized in many guides to leading lawyers, such as Chambers USA, Benchmark Litigation, The New York Area's Best Lawyers and New York Super Lawyers. He is one of the few lawyers in New York to be recognized for both white collar and commercial work. The New York Law Journal
has described him as a "prominent Manhattan litigator."
Before entering private practice
, Mr. Caruso served as an Assistant U.S. Attorney for the Southern District of New York where he prosecuted all phases of federal criminal litigation. He also served as Deputy Associate Attorney General at Department of Justice headquarters in Washington, D.C., where he helped supervise and coordinate the work of the Criminal Division, the United States Attorneys around the country, the FBI and other criminal justice components of the Department of Justice.
In private practice, on the criminal side
, Mr. Caruso has appeared in numerous domestic and international matters, often involving related civil litigation, including cases arising under US Treasury Office of Foreign Assets Control ("OFAC") regulations (and similar New York state laws), the Foreign Corrupt Practices Act, the anti-money laundering laws, the USA PATRIOT Act, the civil and criminal asset forfeiture laws, the Racketeer Influenced and Corrupt Organizations ("RICO") Act and federal and/or state banking laws, export control laws, anti-terrorism laws and extradition treaties. He also conducts and advises clients on corporate internal investigations and cross-border, asset-recovery investigations relating to the proceeds of fraud, insolvency, money laundering and bribery.
Mr. Caruso has substantial experience, both civil and criminal, in matters involvingfinancial and economic sanctions
, including sanctions regimes administered by OFAC against Iran, Cuba, the former Yugoslavia, Belarus, Iraq and other countries. Mr. Caruso advises clients in these matters and -- unlike many lawyers in this field - he also litigates these issues. For example, as described in more detail below, he currently represents a foreign bank in litigation in New York and Miami involving sanctions against Cuba and certain U.S. anti-terrorism legislation. Hausler v. Republic of Cuba, No. 12-1264 (U.S. Court of Appeals for the Second Circuit). He argued and won Bank of New York v. Norilsk Nickel, 14 A.D.3d 140, 789 N.Y.S.2d 95 (1st Dep't 2004), appeal dismissed, 8 N.Y.3d 918 (2007), a leading case in this field, involving title to electronic funds transfers blocked pursuant to sanctions against the former Yugoslavia. He also currently represents a German bank in a New York State criminal investigation into violations of sanctions against Iran.
On the civil side
, Mr. Caruso has extensive experience with recurring issues in international and trans-national commercial litigation, such as the subject matter jurisdiction and the personal jurisdiction of U.S. courts, forum non conveniens, forum-selection agreements, international comity, choice of law, anti-suit injunctions, parallel proceedings, cross-border discovery and evidence-gathering, the recognition and enforcement of foreign judgments and arbitral awards, foreign expropriation decrees, the Act of State Doctrine, the Foreign Sovereign Immunities Act and the Alien Tort Statute.
Mr. Caruso has leading expertise, in both civil and criminal matters, in discovery and evidence-gathering in the U.S. for use in foreign proceedings
, and litigation involving enforcement of U.S.-issued subpoenas, writs of execution and other process seeking documents and property held offshore.
His matters, civil and criminal, have involved numerous foreign jurisdictions including Argentina, Australia, the Bahamas, Belarus, Bermuda, Brazil, Canada, the Cayman Islands, Cuba, Chile, Dubai, England, France, Georgia, Germany, Ghana, Guernsey, Hong Kong, Hungary, Iran, Iraq, Italy, Japan, Jersey, Kazakhstan, Kyrgyzstan, Malaysia, Mexico, Peru, Romania, Russia, Serbia, Slovenia, South Africa, South Korea, Spain, Switzerland, Thailand, Turkey and Venezuela.
Mr. Caruso appears in trial, bankruptcy and appellate courts in New York City and around the country. He has appeared as lead counsel in more than 35 civil and criminal appeals
in the United States Court of Appeals for the Second Circuit, the New York Court of Appeals, the Appellate Division, First Department, and other appellate courts around the country and the State.
By court appointment, Mr. Caruso has served as a special master, as a receiver, as a mediator and as a special prosecutor in an attorney discipline proceeding.