Kevin B. Frankel
Lead, State Attorneys General Practice
Overview
A seasoned trial attorney and former prosecutor, Kevin represents some of the world’s most prominent financial institutions, corporations, and executives in high-stakes “bet-the-company” litigation, including trials, investigations, and regulatory enforcement proceedings. He frequently defends clients in civil and criminal investigations brought by state attorneys general across the country, including large multistate coalitions.
A zealous advocate and creative problem-solver, Kevin works relentlessly to advance his clients’ interests and achieve favorable outcomes, whether in the courtroom or the boardroom. He is adept at evaluating risk and aligning legal tactics with business objectives. Kevin maintains a broad litigation practice, with a particular focus on defending clients in government investigations, including consumer protection violations, antitrust actions, and complex financial crimes. He tries bet-the-company cases in front of judges, arbitrators, and juries, including cases involving contract disputes, constitutional claims, and many issues of first impression.
Kevin brings a deep understanding of the inner workings of state government to his practice, drawing on his background as a former New York Assistant Attorney General and Special Assistant District Attorney in the Major Economic Crimes Bureau of the New York County District Attorney’s Office. Having been on the other side of the table, he knows how government investigations and white-collar prosecutions are built—and how to dismantle them. During his tenure across three administrations at the New York State Office of the Attorney General, he oversaw civil investigations and prosecuted white-collar crimes involving corporations (including nonprofits), public servants and elected officials. He held the record for the most jury trials in the Criminal Division during his tenure and secured the highest number of convictions in the Public Integrity Bureau. In recognition of his service, Kevin received the 2021 Louis J. Lefkowitz Award, the attorney general’s highest commendation.
Prior to joining Benesch, Kevin chaired the State Attorneys General Practice at McGuireWoods. He also teaches as an adjunct professor at Columbia Law School and serves on the board of directors for the Columbia Law School Association.
What I Do
Experience
*Matter completed prior to joining Benesch.
Advised a financial institution through complex federal preemption issues where multiple state attorneys general brought concurrent lawsuits and appeals involving online gaming regulated as swaps by the CFTC.
People v. Jennings, etc. Prosecuted New York City public servants in a three-year, wide-ranging corruption investigation. Supervised a cross-agency team staffed by dozens of attorneys, investigators, and auditors from the New York State Office of the Attorney General, the New York State Office of the Comptroller, and the New York City Department of Investigation. Made hundreds of court appearances in five counties, ranging from arguing complex motions to negotiating pleas. First chaired a four-week jury trial, including pre-trial motions, numerous lay witnesses, and a forensic auditor. Convicted nineteen defendants on misdemeanor or felony counts of insurance fraud and grand larceny. *
People v. Washington, etc. Prosecuted a public officer at the New York State Department of Education and others for participating in a multi-million-dollar bribery scheme. First chaired a six-week jury trial, including pre-trial motions, numerous lay witnesses, and a forensic auditor. Convicted three defendants of felony crimes. *
Defended a publicly traded client in an antitrust action in the Northern District of California, including a successful motion to dismiss and successful defense of the dismissal on appeal to the Ninth Circuit and the Supreme Court. *
Won an arbitration against a major international airline involving the interpretation of a complex contract provision.*
Won a four-month trial involving issues of first impression under the Cemetery and Funeral Act and the Private Attorney General Act, resulting in the preservation of over $50 million. *
Won a complex trial spanning over three months concerning the interpretation of a trust provision, resulting in multi-million-dollar awards. Successfully defended awards on appeal.*
Successfully represented a famous, nationally recognized politician and major financial institution in concurrent investigations by the U.S. Attorney’s Office and SEC, resulting in no charges, penalties, or press.*
Successfully avoided criminal prosecution in defense of a crypto-currency founder in civil and criminal investigations before the SEC, DOJ, FINRA, a U.S. Attorney’s Office, and other federal regulators. Resolved the matter with minimal financial penalties, preservation of licenses, and no action by the SEC or DOJ.*
Successfully represented national banks in consumer finance investigations brought by a state attorney general concerning auto-lending disclosures. Clients avoided liability entirely while peer institutions paid hundreds of millions in penalties.*
Successfully defended a publicly traded company in a multistate investigation of consumer finance complaints brought by a consortium of over twenty state attorneys general. *
No results found
Credentials
Education
Bar & Court Admissions
More
- Board Member, Hillel at Davis and Sacramento
- Board Member, Columbia Law School Association
- Recipient, Louis J. Lefkowitz Award, 2021
- Listed, Super Lawyers – Rising Star, White Collar Criminal Defense, 2014-2015
- Awarded, “Empire State Counsel,” New York Bar Association, 2009-2013
- Recipient, Pro Bono Award, Bar Association of San Francisco, 2011-2012
- Recipient, Pro Bono Award, Legal Services of New York, 2010
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