Michelle J. Shapiro

Partner

Michelle is a white collar criminal defense attorney who advises clients on government and internal investigations, prosecutions, and global corporate compliance.

Michelle Shapiro Portrait

Based in the firm’s Boston and New York offices, Michelle represents companies and individuals in connection with all phases of investigations, criminal prosecutions, and enforcement actions brought by the toughest financial regulators and enforcement agencies in the world.

For more than 20 years, she has regularly advised clients in the health care, financial services, and technology sectors on enforcement actions involving the US Department of Justice (DOJ), US Attorney’s Offices across the country, the US Securities and Exchange Commission (SEC), state attorneys general offices, the US Department of Commerce, and the World Bank. Among her proudest achievements are non-public resolutions of government and internal investigations without charges, media coverage or significant business disruption for her clients.

Client Work

A key component of Michelle’s practice is counseling global companies on how to prevent and detect violations of the Foreign Corrupt Practices Act (FCPA) and other applicable anti-corruption laws. She helps organizations design, enhance and implement customized compliance programs to address their particular risk profiles, assists with third-party screenings, conducts pre-acquisition anti-corruption due diligence and advises on remediation efforts and other ongoing compliance obligations.

Michelle has extensive experience defending government inquiries and conducting internal investigations related to alleged corruption, money laundering, tax fraud, health care fraud, securities fraud, accounting fraud, computer crimes and related concerns. She has conducted transnational internal investigations involving issues in Algeria, Angola, Argentina, Brazil, China, France, Germany, India, Malaysia, Mexico, Russia, Saudi Arabia, Switzerland, the United Kingdom, Vietnam and elsewhere. She frequently tackles complex and often conflicting data privacy and attorney-client privilege regimes.

Michelle’s noteworthy representations include:

Health Care

  • Global health care company: Represented in connection with a wide range of FCPA-related matters. This entailed, among other aspects, conducting internal investigations in numerous jurisdictions; advising on extensive enhancements to the company’s global compliance program, including coordinating local legal advice in more than 50 countries; and conducting compliance due diligence on proposed business transactions and third-party relationships around the globe.
  • Global health care company: Represented in connection with an internal investigation into multiple whistleblower reports alleging corruption and other types of unlawful conduct by employees of its Algerian subsidiary.
  • Former CEO of a publicly traded pharmaceutical company: Represented in FCPA investigations conducted by the DOJ and the SEC; no enforcement action was brought against the client.
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Financial Services

  • Global financial services company:  Serves as global anti-corruption compliance counsel, advising on policies and procedures, and conducting regular training programs across multiple offices
  • High-profile trader: Represented in connection with ongoing investigations by the DOJ and the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) into conduct related to US residential mortgage-backed securities (RMBS) trades.
  • Hedge fund: Represented in connection with DOJ and SEC investigations into possible insider trading. No enforcement action was brought against the client.
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Technology

  • Chief technology officer: Represented the CTO of an Internet company charged in connection with the then-largest alleged federal criminal consumer fraud in the nation. Obtained a favorable plea agreement negotiated after a successful motion to sever the client’s trial from that of co-defendants.
  • Web hosting company: Represented in connection with a DOJ investigation of alleged copyright infringement.
  • Former board chairman: Represented the former chair of the board of a technology company in DOJ and SEC investigations of alleged stock options backdating. No charges were brought against the client, although others were prosecuted.
  • Chairman of Public Tech Company: Represented in investigations, pertaining to stock options backdating, conducted by the company, the DOJ and the SEC

Other Counseling

  • President of a global security firm: Represented a client who was charged with fraud in connection with US-sponsored rebuilding efforts in Afghanistan. The client ultimately pled guilty and was sentenced to probation, despite a DOJ request for significant jail time.
  • CEO of a US military and law enforcement equipment company: Represented a CEO who was indicted for trying to bribe African officials in an undercover sting operation that resulted in the largest single prosecution of individuals in the history of FCPA enforcement. After two years of pre-trial litigation, the DOJ voluntarily dismissed all charges.
  • International restaurant chain: Advised on corporate governance matters, including drafting global code of conduct and global anti-corruption policy. 
  • Global engineering firm: Represented in connection with an investigation by the World Bank’s Integrity Vice Presidency into alleged fraudulent and corrupt practices by an Indian subsidiary. The matter was ultimately settled on terms favorable to the client. Also conducted pre-acquisition anti-corruption due diligence in connection with multiple international transactions.

Previous Work

Prior to joining ArentFox Schiff, Michelle practiced white collar criminal defense at a large multinational law firm and a white collar litigation boutique in Manhattan, NY.

Publications & Presentations

Michelle is a frequent speaker and author on white collar criminal issues.

  • Panelist, “What In-House Lawyers, Employment Counsel and White Collar Defense Counsel Need to Know About DOJ’s Pilot Program on Compensation Incentives and Clawbacks, One Year In,” Boston Bar Association, Virtual, April 30, 2024
  • Interviewed by Anti-Corruption Report, “Post-COVID Compliance Strategies: Dealing With Persistent Heightened Risks,” May 26, 2021
  • Panelist, “New FCPA & Anti-Corruption Compliance Red Flags for 2021: Biden Administration, Covid-19, and More on the Horizon,” American Conference Institute Webinar, Feb. 4, 2021
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Professional Activities

  • Global Vice Chair, Women’s White Collar Defense Association
  • Member, Steering Committee of the White-Collar Crime Section, Boston Bar Association
  • Member, White Collar Subcommittee of the Women in the Legal Profession Committee of the New York City Bar Association
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Awards & Recognitions

  • The Best Lawyers in America, Best Lawyers 2022, 2023, 2024
  • Crain’s New York Business, Leading Women Lawyers in NYC 2018