Mark Heilbrun is an internationally-renowned legal advocate and transactional expert, having for three decades navigated - both for private sovereign wealth and corporate clients - the intersection of law, finance, and national security policy, with a focus upon international energy markets. He has extensive experience representing sovereign governments, corporations, and high-net worth individuals regarding international and domestic regulatory compliance and enforcement, including in connection with congressional investigations involving criminal exposure. He also advises clients in connection with complex litigation, including on appeal and at trial. Finally, he advises his white collar and complex litigation clients on media and crisis response. In his transactional practice, Mr. Heilbrun assists clients in negotiating transnational energy transactions and navigating accompanying compliance issues pursuant to recent U.S. policies.
Mr. Heilbrun has occupied senior appointed positions in all three branches of the United States Government, including General Counsel to the Senate Committee on the Judiciary. Prior to assuming that role, he received an appointment as Counsel to the United States Intelligence Community Staff and remained in the Intelligence Community during both the Bush and Clinton administrations. From 1995 to 1997, he served as Deputy General Counsel to the United States Senate Select Committee on Intelligence, where he negotiated and drafted the Economic Espionage Act of 1996, the only comprehensive federal criminal trade secrets protection statute to date. While serving on the Judiciary Committee, Mr. Heilbrun drafted and negotiated the Homeland Security Act of 2002, and shortly thereafter drafted the Intelligence Reform and Terrorism Protection Act of 2004 – including the creation of the Office of the Director of National Intelligence. He regularly appears before the U.S. Departments of Justice, Treasury, State, Defense, Commerce (Bureau of Industry and Security/Export Regulations), Energy, Homeland Security, and the SEC, as well as other agencies and tribunals. In addition, he works regularly with congressional committees.
- Ongoing representation of sovereign wealth funds of two U.S. allies in the Arabian Peninsula in the negotiation of a $50M LNG transaction involving two U.S. companies.
- Representation of Bermuda financial institutions in complex transactional matters concerning allegations of financial market manipulation raised by the U.S. Attorney for the Southern District of New York pursuant to extraterritorial treaty provisions. None of the institutions were charged.
- Representation of high-ranking corporate officers in tax controversy work in which the officers were threatened with both indictment and, due to their role(s) as Chief Financial Officers, hundreds of millions of dollars in tax liability. None of the officers were charged, and ultimately incurred no tax liability.
- Representation of a high-profile white-collar criminal client who was threatened with arrest and indictment by the U.S. Attorney General for a broad range of alleged public corruption. In this matter, the U.S. Attorney for the District of Columbia declined prosecution (federally and locally), and the case was closed after nearly a year of negotiation with the Fraud and Public Corruption Unit. Parallel congressional investigations accompanied the declination.
- Representation of public and private international corporations in significant engagements before U.S. House of Representatives oversight committees involving complex controversy matters with significant criminal exposure, and in parallel matters before federal enforcement agencies. In the matters, Mr. Heilbrun prepared and accompanied the company CEOs during televised congressional hearings and worked closely with their General Counsels during numerous parallel matters. Each of the companies returned considerable profit despite the media exposure that accompanied the investigations.
- Successful representation of large defense contractors in numerous investigations involving several congressional committees and federal enforcement agencies, addressing, among other things, allegations of weapons systems overruns, congressional earmark misfeasance, offshore taxation irregularities, and campaign finance law violations.
- Successful representation of one of the largest American automotive companies during several investigations by the federal government into transactions involving classified government contracts.
- Representation of numerous U.S. corporations during parallel investigations into alleged transactions subject to U.S. economic and trade sanctions. None of the companies were charged, and all remain profitable.
- Sole representative before the U.S. Supreme Court and the U.S. Court of Appeals for the District of Columbia Circuit of the first U.S. Secret Service Agent compelled to testify against a sitting President - in which the Agent provided corroboration that the President was untruthful in a deposition - during the Starr Independent Counsel investigation.
- Representation of large telecommunications companies during regulatory and criminal investigations by federal enforcement agencies and two congressional committees, including a parallel threat of civil claims. Mr. Heilbrun helped his clients to be cleared of all charges prior to favorable settlements in advance of litigation.
- Contributor to the legal treatise "Practicing Under the U.S. Anti-Corruption Laws", Aspen Publishers.
In 2020, Mr. Heilbrun has focused on leverging his global network to assist clients in providing at-risk communities access to highly-accurate and moderately-priced COVID qPCR rapid testing, masking, and air purification systems - all approved as safe and (particularly with respect to vital testing) wholly compliant with new HHS/FDA guidance emphasizing nationwide increased testing accessibility and ability to significantly increase testing capacity. Trusted by scientific experts and elected/appointed officials, Mr. Heilbrun utilizes client manufacturing and distribution capability - particularly from those countries deemed most competent at mitigating SARS-COVID virus - to assist in the development of a national strategy.
Mr. Heilbrun’s pro bono work has also included this “northern star” involving the civil rights of the underrepresented and those, such as journalists and media, more generally seeking to defend their First Amendment freedoms.