About Eugene Illovsky

Eugene Illovsky PortraitEugene Illovsky is a nationally-recognized former prosecutor with decades of broad experience.  He has tried many criminal and civil cases before juries and judges and has argued more than a dozen cases before the U. S. Court of Appeals.  He has conducted internal investigations for companies and boards in matters involving securities violations, accounting irregularities, regulatory compliance, intellectual property theft, employee misconduct, export controls, and antitrust issues.

Eugene has represented executives at all levels in corporate internal investigations, as well as in grand jury and SEC investigations.  He provides advice to company counsel, financial and operating executives and board members at large and emerging businesses in many areas of compliance, including antitrust, anti-money laundering, supply chain and diversion controls, logistics, and export controls.

Eugene serves as a Settlement Conference Officer on the San Francisco Superior Court’s Mandatory Settlement Conference Panel.  He recently served a three-year term as a Commissioner of the State Bar of California’s Commission on Judicial Nominees Evaluation (JNE).  He is a former Visiting Lecturer at the UC Berkeley School of Law.

Before spending over fifteen years as a partner in the major international law firm of Morrison & Foerster LLP, Eugene served as an Assistant United States Attorney for the Eastern District of California (Sacramento) from 1992-1998, where he investigated and prosecuted a wide array of white-collar crimes, including investment frauds, money laundering, political corruption, intellectual property crimes, immigration fraud and tax evasion.  For his work as an AUSA, he received a number of distinctions.  Among them:

  • Director’s Award for Superior Performance from the Attorney General for a series of complex insurance fraud prosecutions
  • Commendations from the FBI Director and the Attorney General
  • Special Commendation from the Office of the Inspector General for his work on citizenship testing program fraud
  • Commendation from Office of the Inspector General, Department of Agriculture, for federal program fraud
  • Appointment to the Department of Justice’s Campaign Finance Task Force to investigate allegations of illegal fundraising during the 1996 presidential election
  • Appointment as Computer and Telecommunications Coordinator, the computer crime liaison to Main Justice for the Eastern District of California

Eugene has been named to the Northern California Super Lawyers list as one of the top attorneys in Northern California for 2012 – 2017 and selected for inclusion in the Best Lawyers in America 2013 – 2017.  He was selected by Global Investigations Review’s independent research as one of the world’s leading investigations lawyers and is named in its International Who’s Who of Investigations Lawyers & Forensic Experts 2014.  He has been recommended as a leading lawyer by Legal 500 US 2009 and 2014 for white-collar criminal defense.  He was recognized by Best Lawyers® as the 2017 Criminal Defense: White Collar “Lawyer of the Year” in Oakland.  He currently serves on the San Jose Trial Panel under the federal Criminal Justice Act.

Education

Yale Law School, J.D., 1983

Editor, Yale Law Journal
Articles Editor, Yale Journal of World Public Order (Yale Journal of International Law)

University of Pittsburgh Graduate School of Philosophy, 1979-1980

Andrew Mellon Fellowship

Amherst College, 1979, A.B.

Phi Beta Kappa
Magna Cum Laude
John Woodruff Simpson Fellowship
Obed Finch Slingerland Memorial Prize

Clerkship

Law Clerk to the Honorable J. Clifford Wallace
U.S. Court of Appeals for the Ninth Circuit, 1983-1984

Representative Client Matters


     Internal Investigations

  • Represented audit committee of energy company in investigation of securities law allegations
  • Engaged by audit committee of health care company to conduct internal investigation of sales practices and accounting impact
  • Engaged by independent committee of public online retailer investigating claims of fiduciary breach against directors

     Corporate Governance and Securities Defense

  • Represent founders of emerging medical device company
  • Advised director of investment fund regarding board services agreement and best practices
  • Representation of beverage company in connection with Section 16 (b) issues
  • Represented chief compliance officer of investment advisor in SEC investigation
  • Represented Vice President of Finance of gaming technology company charged by SEC with revenue recognition fraud
  • Obtained pretrial dismissal of SEC charges of revenue recognition fraud against former President of software company
  • Represented and defended various companies and individuals in SEC class actions

     White Collar Criminal Defense

  • Represent former investment manager charged with securities and wire fraud
  • Representation of real estate investor charged with price-fixing in federal foreclosure auction bid-rigging probe
  • Represented Fortune 100 company in connection with negotiation of non-prosecution agreement with Department of Justice and implementation of compliance program
  • Obtained dismissal of federal indictment against individual charged with Medicare fraud
  • Obtained misdemeanor resolution for individual who had been charged with multiple counts of felony tax fraud
  • Represented taxpayers in criminal tax investigation involving foreign bank assets
  • Retained as witness’s or pool counsel in internal and government investigations in diverse areas including price fixing, financial fraud, environmental crimes, aviation and customs fraud

     Corporate and Commercial Litigation

  • Represent large retailer in dealings with the Federal Trade Commission
  • Represented major telecommunications company in dispute under Delaware’s limited partnership law
  • Obtained bench trial verdict for public semiconductor manufacturer in litigation over termination for cause of chief executive officer and other senior executives and co-founders
  • Represented shareholders of large closely-held insurance business in ownership dispute

    Global Cartel Investigations

  • Represented global Japanese chemical company in connection with criminal charges, and follow-on federal and state civil litigation arising from price-fixing investigation
  • Represented Japanese technology company in global cartel investigation
  • Represented sales executive in global cartel investigation of a chemical company
  • Represented Italian national sales executive in price-fixing investigation
  • Represented European technology company in global cartel investigation