Byung J. Pak

Partner

Byung J. ("BJay") Pak is a partner in Schiff Hardin's Litigation and White Collar Crime and Corporate Compliance groups. His practice focuses on representing individuals and corporate entities in government investigations and prosecutions (both criminal and civil), conducting internal corporate investigations, and advising clients on regulatory compliance matters. He has substantial experience in handling investigations conducted by the following government agencies, among others:

• Federal Bureau of Investigation (FBI)
• U.S. Department of Defense (DOD)
• U.S. Department of Commerce (DOC)
• U.S. Department of Homeland Security (INS, Customs Service, and the Secret Service)
• Internal Revenue Service (IRS)
• Drug Enforcement Administration (DEA)
• U.S. Postal Inspection Service
• U.S. Securities and Exchange Commission (SEC)
• U.S. Department of Housing and Urban Development (HUD)
• Georgia Insurance Commissioner's Office
• Governor's Office of Consumer Affairs (Georgia)

Experience

Mr. Pak is a trial lawyer. He has handled numerous jury trials to verdict as the lead trial lawyer, and has briefed, argued and won many appeals at the U.S. Court of Appeals for the 11th Circuit. Some of Mr. Pak's published and reported cases include:

• U.S. v. Robertson, 493 F.3d 1322 (11th Cir. 2007)
• U.S. v. Segura-Baltazar, 448 F.3d 1281 (11th Cir. 2006)
• U.S. v. Charles Crawford, 407 F.3d 1174 (11th Cir. 2005)
• U.S. v. Saturnino Lopez Ortega, 358 F.3d 1278 (11th Cir. 2003)

Prior to joining Schiff Hardin, Mr. Pak was an Assistant United States Attorney for the Northern District of Georgia, Criminal Division, for nearly six years. He has extensive experience in conducting grand jury investigations and prosecuting complex white collar crimes, including:

• Accounting and securities fraud (corporate fraud)
• Mail, wire and honest services fraud
• Bank fraud
• Export control violations (EAA, AECA/ITAR, TWEA, and IEEPA)
• Government contracting fraud
• Public corruption
• Healthcare fraud
• Bank Secrecy Act and money laundering violations
• Economic Espionage Act violations
• Telemarketing fraud

A representative sample of high-profile cases he has handled as a federal prosecutor includes the following:

• Successfully convicted at trial a former employee of The Coca-Cola Company for conspiring to steal the company's valuable trade secrets. This case received worldwide media coverage. (U.S. v. Joya Williams et al., No. 1:06-CR-313-JOF, (N.D. Ga.))
• Successfully convicted at trial the CEO of a meat and biscuit business (and the Small Business Administration's "Small Businessman of the Year") for fraudulently altering the financial records of his company in order to defraud the Branch Banking & Trust Company (U.S. v. Jason Slaughter, No. 1:06-CR-507, (N.D. Ga.))
• Successfully prosecuted the former financial director of the Make-A-Wish Foundation for Georgia and Alabama for embezzling donated funds by stealing the identities of "wish" families (U.S. v. Joseph Garrison, No. 1:05-CR-418-ODE, (N.D. Ga.))
• Successfully prosecuted a department director of Berry College (owner 45,000 acres of timber land) for executing a fraudulent scheme to defraud the college over $2 million over a period of 12 years (U.S. v. Robert Parker, No. 4:06-CR-024-HLM, (N.D. Ga.))

Prior to his appointment as an assistant U.S. attorney, he was an attorney with Alston & Bird, LLP, where he handled securities fraud, insurance coverage, toxic tort and breach of contract cases, and advised Fortune 500 clients regarding privacy and data management issues.

Speeches and Presentations

"Law as a Career," (Panelist) KASCON 22 (March 2008)

"Achieving Success in the Legal Profession," (Panelist) Multi-Bar Leadership Council (Winter 2007)

"Theft of Trade Secrets: Lessons Learned From The Coke Theft of Trade Secret Case," Corporate Counsel's Institute Annual CLE (December 2007)

Asian American Journalists Association Scholarship Dinner, (Keynote Speaker) (November 2007)

"Theft of Trade Secrets and Economic Espionage," Atlanta Bar Association's Litigation Section Breakfast (November 2007)

"Korean Americans in Politics," (Panelist) Korean American Coalition's National Conference (September 2007)

"Attorney-Client Privilege Waiver Requests in White Collar Investigations," Health Care Coordinators Association Annual Conference (February 2007)

"Current State of Diversity in the Legal Profession," Georgia Asian Pacific American Bar Association (September 2006)

Korean American Forum, (Panelist) (September 2005)

"Federal Aggravated Identity Fraud Statute," Metro-Atlanta Federal and Local Law Enforcement Conference on Identity Theft (June 2005)

Awards and Honors

Crime Victims' Rights Award (2007)

Organized Crime Drug Enforcement Task Force Case of the Year Recognition Award (2006)

Who's Who in Asian American Communities (2006)

Appointed by Georgia Governor Sonny Perdue to serve on the Asian-American Commission for a New Georgia (2003)

Education

Clerkships

Honorable Richard Mills
United States District Court for the Central District of Illinois (1998-2000)

Professional Certifications

Certified Public Accountant (CPA)

Professional Memberships

State Bar of Georgia
Clients' Security Fund
      Board of Trustees

National Asian Pacific American Bar Association
Criminal Law Committee
      Co-Chair

Georgia Asian Pacific American Bar Association
Past Board Member

American Bar Association
White Collar Crime Committee

Atlanta Bar Association
Editorial Board, The Atlanta Lawyer

The Lamar American Inn of Court
Barrister

The Federalist Society

Lawyers Club of Atlanta

Korean American Coalition

National Association of Asian-American Professionals