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Sergio Acosta is an experienced criminal litigator and investigator. He has represented companies, government entities and individuals in matters involving the Foreign Corrupt Practices Act, health care fraud, complex financial fraud, criminal tax violations, export regulations and criminal and civil forfeiture. Mr. Acosta’s practice also encompasses corporate governance, corporate internal investigations, regulatory enforcement, commercial litigation and gaming law.

His experience in overseeing and conducting complex investigations for the federal government puts him in a unique position to advise corporate clients and individuals facing administrative, civil or criminal exposure in regulated industries. This coupled with his experience in leading a state agency and working closely with federal and state agents, enables him to provide practical advice and counseling at every stage of criminal or parallel civil proceedings.

During his tenure with the U.S. Attorney’s Office for the Northern District of Illinois, Mr. Acosta tried more than 25 jury trials in federal court and many appeals before the U.S. Court of Appeals for the Seventh Circuit.

Professional Background

Before joining Hinshaw & Culbertson LLP, Mr. Acosta served as Chief of the General Crimes Section of the U.S. Attorney's Office for the Northern District of Illinois.

In 2014, Mr. Acosta was appointed by then-Illinois Governor Pat Quinn to serve a one-year term on the Illinois Concealed Carry License Review Board. In December 2011, he was named by Chicago Mayor Rahm Emanuel to the Mayor's Ethics Reform Task Force, which recommended changes to strengthen the ordinance that governs City officials and employees.

Mr. Acosta's began his career as an Assistant State Attorney in Miami, Florida, under former U.S. Attorney General Janet Reno.

In 1990, Mr. Acosta joined the U.S. Attorney's Office as an Assistant U.S. Attorney in Chicago. He became a deputy chief of the General Crimes Section in 1994 and remained in that position until leaving the U. S. Attorney's Office in 1999 to become the Administrator of the Illinois Gaming Board.

During his tenure with the Illinois Gaming Board, Mr. Acosta led the agency responsible for the regulation of all aspects of casino gambling in Illinois.

In 2001, Mr. Acosta returned to the U.S. Attorney's Office in Chicago to the Organized Crime Section. In 2003, he was promoted by U.S. Attorney Patrick J. Fitzgerald to serve as Chief of the General Crimes Section, where he remained until joining Hinshaw.

Professional Affiliations

  • Illinois Concealed Carry Licensing Review Board, Board Member (2014)
  • National Hispanic Prosecutors Association
    • Founding Member (1997)
    • Past President (2001)
  • Hispanic National Bar Association (1994–Present)
  • Hispanic Lawyers Association of Illinois, Board Member (2010–2013; 2014–Present)
  • Northwestern University School of Law, Adjunct Professor (1998–Present)
  • Leadership Greater Chicago, Board Member (2003–2011)
  • Solovy Revisited Project, Co-Chair (2014–Present)

Honors & Awards

  • Hispanic Lawyers Association of Illinois, Aguila Award (2016)
  • Named to the National Law Journal's inaugural list of White Collar Crime Trailblazers (2015)
  • Chicago Appleseed Fund for Justice, Social Justice Advocate Award (2014)
  • Selected by his peers as a Leading Lawyer in the areas of Criminal Defense Law: White Collar, and Gaming & Casino Law (2011–Present)
  • U.S. Department of Justice, Director's Award (2011)
  • Chicago Bar Foundation, Richard J. Phelan Public Service Award (2008)

Representative Matters

  • Led an internal investigation on behalf of a U.S.-based multinational company into allegations of violations of the Foreign Corrupt Practices Act (FCPA) and export control laws.
  • Representation of a senior executive of a foreign subsidiary of a Fortune 100 company in ongoing U.S. Department of Justice  FCPA investigation.   
  • Drafted Code of Conduct and Anti-Bribery Compliance Program for a U.S.-based industrial manufacturer and exporter.
  • Assisted an international law firm in developing a compliance program regarding U.S. sanctions laws.
  • Served as lead trial counsel representing a hospital executive accused of criminal violations of the Anti-Kickback Statute.
  • Representation of employees of a national health services provider in connection with a federal criminal investigation.
  • Representation of employees of a Fortune 100 company in an ongoing federal criminal investigation.
  • Representation of independent distributors of a publicly traded company with respect to a consumer fraud investigation.
  • Led the internal investigation for a governmental entity involving allegations of extortion by a public employee.
  • Led an internal investigation on behalf of a school district regarding allegations of criminal abuse of students by district employees.
  • Led an internal investigation on behalf of a school district regarding allegations of embezzlement of millions of dollars by former school district officials.
  • Representation of a business owner in an Internal Revenue Service criminal investigation involving allegations of tax evasion. 
  • Representation of a U.S.-based manufacturer regarding civil commercial bribery allegations.
  • Counsel an elected official to ensure compliance with applicable conflict of interest laws.  
  • Serve as regulatory counsel for an Illinois-based gaming company.

Presentations

Mr. Acosta's presentations include:

  • "What Employers Need to Know About Whistleblower Claims," Hinshaw's Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 2016.
  • "Prosecution of a Defense Attorney For His Vigorous Defense Acceptable? Questionable? Deplorable?" Northwestern University School of Law, November 2015.
  • "The Impact of the U.S. Foreign Corrupt Practices Act on Your Small or Medium Sized Business," Stateline World Trade Association, Beloit, Wisconsin, March 2015.

  • "Federal False Claims and Managing Civil and Criminal Investigations," Illinois Association of Healthcare Attorneys' 32nd Annual Health Law Symposium, October 2014.
  • "Fraud and Embezzlement: How to Prevent, Detect, and Investigate Employee Misconduct," Hinshaw's Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 2013.

  • "Foreign Corrupt Practices Act Compliance: A Must For International Trade," Rockford Area Economic Development Council, Rockford, Illinois, March 2013.
  • "Corporate Governance in a Post-Dodd Frank World," Corporate Counsel Conference, Hispanic National Bar Association, Atlanta, March 2013.
  • "FCPA Fundamentals," American Bar Association, Fifth Annual National Institute on the Foreign Corrupt Practices Act, Washington, D.C., October 2012.
  • "Best Practices in Fraud Investigations and SEC Enforcement Trends," Hispanic National Bar Association's 37th Annual Convention, Seattle, August 2012.
  • "Corporate Internal Investigations," Minority Corporate Counsel Association, 9th Annual General Counsel Invitational & Diversity Leadership Summit, Miami, April 2012.
  • "White Collar Crime and Corporate Internal Investigations," Hispanic National Bar Association Corporate Counsel Conference, Jersey City, New Jersey, March 2012.

Mr. Acosta has spoken to many organizations, including the City of Chicago Department of Law; the U.S. Bureau of Alcohol, Tobacco and Firearms; the U.S. Department of Justice Office of Overseas Prosecutorial Development Assistance and Training Programs in Bogota, Colombia in 2004, and Santo Domingo, Dominican Republic in 2006.

He was also a regular lecturer at the U.S. Department of Justice Office of Legal Education, Basic Trial Advocacy Course.

Community/Civic Activities

  • Elmhurst College, Member of Board of Trustees (2015–Present)
  • City of Chicago Task Force on Police Accountability (2015–Present)
  • Mayor's Ethics Reform Task Force, Member (2011–2012)
  • Volunteer at Public Action to Deliver Shelter (PADS) DuPage, Inc. (1998–Present)

Education

J.D., The George Washington University School of Law, 1985

B.A., French, DePaul University, 1982

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