Breon S. Peace

A federal prosecutor with a distinguished career, Breon S. Peace has been tasked to take over in the highest position in the Office of the United States Attorney for the Eastern District of New York. The veteran white-collar civil lawyer was nominated by President Joseph R. Biden on August 10, 2021, to be the Chief Federal Law Enforcement Official for the Eastern District of New York. The nomination of U.S. Attorney Peace was confirmed by the Senate by Voice Vote on October 5, 2021, to which he was sworn in ten days later, on October 15, 2021, by Chief District Judge Margo K. Brodie. Top Federal Prosecutor Breon S. Peace succeeded former Acting U.S. Attorneys Jacquelyn M. Kasulis, Mark J. Lesko and Seth D. DuCharme who served as interim Top Federal Prosecutors for the Eastern District of New York, following the resignation of former U.S. Attorney Richard Donoghue.

Educational Background and Bar and Court Admissions

In May 1993, U.S. Attorney Breon Peace earned a Bachelor of Arts Degree in Political Economy of Industrial Societies from the University of California, Berkeley. He subsequently attended law school at the New York University School of Law, where he was a member of the Law Review, and from where he received his Juris Doctorate in 1996. In April 1997, U.S. Attorney Peace was admitted to the New York State Bar Association following his graduation from law school. Apart from his bar admissions, U.S. Attorney Breon Peace has been admitted to practice in several courts, including in the United States District Court for the Southern District of New York since August 1997; in the United States District Court for the Eastern District of New York since September 1997; and in the United States District Court for the Eastern District of Michigan since June 2020. Moreover, U.S. Attorney Peace has maintained an active membership status in the United States Court of Appeals for the Second Circuit since February 2001; in the United States Court of Appeals for the Fourth Circuit since September 2018; and in the United States Court of Appeals for the Ninth Circuit since March 2021. Top Federal Prosecutor Breon Peace was also previously granted admission to practice in the United States Court of Appeals for the Eleventh Circuit from May 2007 to June 2018.

Education

New York University School of Law, 1993 – 1996
Juris Doctor – May 1996
University of California, Berkeley, 1989 – 1993
Bachelor of Arts, Political Economy of Industrial Societies – May 1993

Bar Associations

The Criminal Justice Act Advisory Committee for the U.S. Court of Appeals for the Second Circuit (2015 – Present)
Federal Bar Council (2005 – Present) – Trustee (2010 – 2014); Vice President (2014 – 2017); Nominating Committee (2017 – present)
New York City Bar Association (2000 – Present)
New York Council of Defense Lawyers (2008 – Present) – Eastern District Liaison Committee
National Bar Association (2020 – Present)
Metropolitan Black Bar Association (2019 – Present)
American Bar Association (1997 – 2018)

Bar Admissions

New York, April 1997

Court Admissions

United States Court of Appeals for the Second Circuit (February 2001)
United States Court of Appeals for the Fourth Circuit (September 2018)
United States Court of Appeals for the Ninth Circuit (March 2021)
United States Court of Appeals for the Eleventh Circuit (May 2007 – June 2018) – Attorney Peace is no longer practicing in the circuit
United States District Court, Southern District of New York (August 1997)
United States District Court, Eastern District of New York (September 1997)
United States District Court, Eastern District of Michigan (June 2020)

Memberships

Lawyers Committee for The Innocence Project (2018 – Present)
Eastern District Association (2004 – Present)
New York University School of Law, Law Alumni of Color Association (LACA) – formerly Black, Latino, Asian Pacific American Law Alumni Association – (May
1996 – Present)
Kappa Alpha Psi Fraternity, Inc. (May 1990 – Present)

Peace’s Legal Career

Legal Internships

While maintaining excellent academic standing, U.S. Attorney Breon Peace also gracefully managed to work as a Sponsors for Educational Opportunity Intern for the Davis Polk & Wardwell LLP for three years, from May 1993 to August 1996. Between those years, he served as an Intern under The Honorable Sterling Johnson, Jr. of the United States District Court for the Eastern District of New York for three months in 1994. Top Federal Prosecutor Breon Peace also became a Summer Associate and, later, an Associate at the Cleary Gottlieb Steen & Hamilton LLP. He was a part of for over two years, from March 1995 to September 1997.

Early Legal Career

Succeeding his acquirement of his Juris Doctorate, U.S. Attorney Breon Peace served a short stint in the government sector as a Law Clerk under The Honorable Sterling Johnson, Jr. of the United States District Court for the Eastern District of New York. After a year, in November 1998, Top Federal Prosecutor Peace returned to the Cleary Gottlieb Steen & Hamilton LLP as an Associate. In this capacity, U.S. Attorney peace participated in all phases of commercial litigation, particularly in matters involving bankruptcy, contracts, securities, and torts. In addition, he handled white-collar criminal defenses and regulatory enforcement matters for both corporate and individual clients.

The United States Attorney Breon Peace has had a long journey in the legal field, with over two decades of official service as a prosecutor. He first joined the Office of the United States Attorney for the Eastern District of New York in January 2000, wherein he was initially employed as an Assistant U.S. Attorney. For two years, until July 2002, U.S. Attorney Peace continued to be responsible for all phases of prosecutions within the Office – from investigations, plea negotiations, and evidentiary hearings to trials and sentencing proceedings. In this capacity, he often served as lead trial counsel in prosecuting federal criminal cases, specifically those involving firearm cases, fraud, international narcotics trafficking matters, organized crimes, and robbery, among other misconduct. Moreover, U.S. Attorney Peace has had the opportunity to argue criminal cases before the U.S. Court of Appeals for the Second Circuit.

Legal Career as a Partner at the Cleary Gottlieb Steen & Hamilton LLP

Returning to the New York Office of the Cleary Gottlieb Steen & Hamilton LLP, Top Federal Prosecutor Breon Peace served another three years, from September 2003 to December 2006, as an Associate at the law firm. He was later promoted and became a Litigation Partner, making history by becoming the first African American man ever to be elected partner at the firm. His practice primarily focused on white-collar criminal defense, as well as on crisis management, complex commercial litigation, and regulatory enforcement matters. Apart from handling litigations, U.S. Attorney Peace’s responsibility as a Litigation Partner included conducting sensitive internal investigations made on behalf of the Boards of Directors and Management of different corporations. In line with this, he has conducted a number of investigations in the interest of various companies and financial institutions. He has represented domestic and multinational corporations and business executives in regulatory and criminal investigations such as allegations of fraud, insider trading, money laundering, and violations of the Foreign Corrupt Practices Act. The work of U.S. Attorney Peace in the Cleary Gottlieb Steen & Hamilton LLP also extended to providing legal advice to the Board of Directors and audit committees on matters such as corporate governance issues and compliance programs. He has also frequently handled matters that involved the Department of Justice, the U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission, numerous United States Attorney’s Offices, baking regulators, and state attorneys general. Moreover, in his approximately 14 years of work as a Litigation Partner in the Cleary Gottlieb Steen & Hamilton LLP, U.S. Attorney Peace has represented an array of corporations, directors, and officers in complex commercial litigation matters, including bankruptcy litigation, contractual disputes, and securities class actions, among other issues. Most recently, he has served as a member of the firm’s Global Executive Committee.

Pro Bono Cases and Significant Litigations

U.S. Attorney Breon Peace has a distinguished career known for his tenacity. In 2012, he was appointed by The Honorable Nicholas G. Garaufis of the United States District Court for the Eastern District of New York to serve as a Special Master in a high-profile case brought against the New York City Fire Department. The case alleged an issue of discrimination based on race and national origin in the hiring of black and Hispanic firefighters. Despite his heavy workload, U.S. Attorney Peace maintained an active pro bono practice by vindicating clients’ rights in civil rights, criminal, human trafficking, and immigration cases. Among the most significant pro bono litigations he was a part of include the 2016 successful case, wherein he led a team of lawyers in the dismissal of the indictment of a man who had been wrongly convicted of murder, rape, and robbery in 1981, freeing him after spending almost 30 years in prison.

10 most significant litigated matters handled by Attorney Breon Peace

Picard v. Equity Trading Portfolio Ltd., et al., 10-4457;
Picard v. BNP Paribas Arbitrage SNC, 11-2796; and
Picard v. BNP Paribas S.A., BNP Paribas (Suisse) S.A., et al., 12-1576, (2009 – Present)
U.S. v. Floyd Arthur, 00 CR 448, (2000 – 2002)
In re Doral Financial Corp. Securities Litigation, MDL-1706, (2005 – 2007)
U.S. v. Franklin J. McNair and Diana Marva McNair, 00 CR 748, (2000 – 2002)
People of the State of New York v. Clifford Jones, Index No. 109575/2009, (2008 – 2016)
In the Matter of Paradigm Capital Management, Inc. and Candace King Weir, Administrative Proceeding, File No. 3-15930, (2013 – 2014)
The County of Cook, et. al. v. McLane Midwest, Inc. (OT 190025), (2019 – 2020)
United States v. Veolia Environnement North America Operations, Inc., 13-mc03, (2013 – 2014)
U.S. v. Gaylord Davis, 99 CR 0830, (2000 – 2002)
U.S. v. John Nicosia, 00 CR 225, (2000 – 2001)

Further details regarding the above litigations may be found in the public questionnaire accessible here.

Teaching Background

In addition to his legal career, U.S. Attorney Breon Peace also sustained a teaching background. He worked as an Acting Professor of Clinical Law at the New York University School of Law. He trained aspiring prosecutors as a part of the Prosecution Clinic of the NYU School of Law during the 2002-2003 academic year.

Honors and Awards

Distinguished Alumni Award, Law Alumni of Color Association (LACA), New York
University School of Law (2021)
Chambers Rankings:
- New York, Litigation: White-Collar Crime – Band 3 Leading Individual (2020 – 2021)
- Global, Latin America-wide: Corporate Investigations – Band 3 Leading Individual (2020 – 2021)
- Latin America – Latin America-wide: Corporate Crime & Investigations – Band 3 Leading Individual (2020 – 2021)
- New York, Litigation: White-Collar Crime – Band 4 Leading Individual (2018 – 2019)
- New York, Litigation: White-Collar Crime – Up & Coming Individual (2015 – 2017)
Benchmark Litigation – New York: White Collar Crime – Local Litigation Star (2020 – 2021)
Who’s Who Legal:
- Global Investigations – Recommended Global Leader (2021)
- Global GIR – Investigations – Thought Leader (2020)
- Global Business Crime Defence – Corporates – Recommended Global Leader (2020)
New York Super Lawyers: Top Rated White-Collar Crimes Attorney (2013 – 2021)
Private Practitioner of the Year, Metropolitan Black Bar Association (2020)
Most Influential Black Lawyers List, Savoy Magazine (2018)
Legend Award, New York University Black Law Students Association (2014)
Commendation, Federal Bureau of Investigation (2001)
Commendation, Detectives Endowment Association, Police Department, City of New York (2001)
Myron J. Greene Memorial Award for Preeminent Achievement in Advocacy, New York University School of Law (1996)
Associate Editor, New York University Law Review (1994 – 1996)
Earl Warren Legal Training Scholarship, NAACP Legal Defense Fund (1993)
Student Life Achievement Award, University of California, Berkeley (1993)

Over the course of his academic and legal career, U.S. Attorney Peace has been given special recognition for his impeccable accomplishments and service. In 1993, he was awarded the Student Life Achievement Award by the University of California and had received the Earl Warren Legal Training Scholarship from the NAACP Legal Defense Fund. Ending his academic career successfully, U.S. Attorney Peace was granted the Myron J. Greene Memorial Award for Preeminent Achievement in Advocacy by the New York University School of Law in 1996. Throughout his professional career, Top Federal Prosecutor Breon Peace has earned numerous honors and awards, including Commendation from the Detectives Endowment Association of the Police Department of the City of New York and the Federal Bureau of Investigation in 2001. He was also named in the Most Influential Black Lawyers List of the Savoy Magazine in 2018, as Private Practitioner of the Year by the Metropolitan Black Bar Association in 2020, and in the Who’s Who Legal from 2020 to 2021. U.S. Attorney Peace was also named a Local Litigation Star in Benchmark Litigation – New York: White Collar Crime from 2020 to 2021.

Publish Writings by Attorney Breon Peace

A Timely Update on Recovering Legal Fees and Costs Through Criminal Restitution, April 19, 2013
Beware Atty Ethics Rules When Reporting COVID-19 Fraud, November 19, 2020
CFTC Approves Amendments to Whistleblower Rules Including Significant Enhancements of its Anti-Retaliation Protections, May 25, 2017
CFTC Division of Enforcement Releases First Public Enforcement Manual, May 13, 2019
CFTC Division of Enforcement Releases Guidance on Evaluating Compliance Programs, September 17, 2020
Cleary Gottlieb Reviews CFTC’s New Cooperation Guidelines for Enforcement Actions, February 6, 2017
DOJ Issues Guidance on Cooperation in False Claims Act Investigations, May 20, 2019
Ethical Considerations When Outside Counsel Conduct Internal Investigations, February 2015
Ex-Duane Reade CEO Case A Model for VWPA Restitution, October 8, 2014
Fighting the SEC on its Home Turf, November 12, 2016
Foreign Corrupt Practices Act: Law, Compliance & Recent Developments, September 2012
General Statements of Regulatory Compliance and Securities Fraud Claims, March 23, 2019
Recovering Legal Fees and Costs Through Criminal Restitution, January 16, 2009
Roundtable: Lava Jato and Its Impact on Investigations in Latin America, January 2019
SDNY Judge Finds Government “Outsourcing” of Investigation to External Counsel Runs Afoul of Fifth Amendment, May 7, 2019
SEC and CFTC Chairs Sign Enhanced Multilateral Memorandum of Understanding Expanding Cross-Border Enforcement Cooperation, June 3, 2019
Supreme Court Upholds, with Limits, the SEC’s Authority to Seek Disgorgement, June 25, 2020
The CARES Act and Mitigating False Claims Act Risk, July 2020
The Changing Landscape in Brazilian Investigations Since Lava Jato, February 2021
The FCPA Statute of Limitations—a Way Out for Wal-Mart?, September 25, 2012
The Future of SEC Administrative Proceedings, January 4, 2017
The Impact of EU Data Protection Laws on U.S. Government Enforcement Investigations, January 2009
The New FCPA Guidance: Key Points for CCOs, December 3, 2012
Unanswered Questions: The SEC v. Urban Case Creates Significant Uncertainty Around In-House Counsel’s Liability as Supervisors, April 2012.
Why Financial Statements Matter: Enforcement and Litigation Implications, October 2013

Office Jurisdiction

As Chief Federal Law Enforcement Official, U.S. Attorney Breon S. Peace leads an office comprising of approximately 163 Assistant U.S. Attorneys and 116 support personnel, all in pursuit of justice, as they work on federal criminal and civil cases under the jurisdiction of the Office of the United States Attorney for the Eastern District of New York.