George M. Clarke

George M. Clarke

Partner
Baker & McKenzie LLP

Biography

George Clarke is a partner in the Firm's Washington, DC office and chair of the Firm's North American Tax Dispute Resolution Group. His practice focuses on governmental litigation and he is nationally-known for his work in civil and criminal tax litigation matters. George is consistently recognized by Legal 500 as a leading adviser in tax controversy.

George also lends his talent to pro bono matters and has successfully represented non-enemy combatants unlawfully detained by the US in Guantanamo Bay, Cuba, was lead counsel in a case to force former President Trump to retain materials under the Presidential Records Act, and is defending the rights of young children with educational challenges to be compensated for lack of in-person schooling during COVID. He is a certified public accountant (inactive). Before becoming a lawyer, he served in the US Marine Corps.

Practice Focus

George routinely advises and represents multinational corporations, financial institutions, and high-net-worth individuals on complex litigation matters involving government enforcement. His practice covers all facets of the dispute resolution process, including litigation of civil and criminal matters and governmental investigations.

He regularly defends clients in federal criminal procedures, including tax, allegations of misconduct under the securities laws, the Foreign Corrupt Practice Act (FCPA), and other criminal laws of the US. George has substantial experience advising clients on the defense of foreign tax and non-tax criminal investigations and the effect those investigations have in the US.

Representative Legal Matters

  • Represented top 5 Swiss Bank in sanctions investigation related to Ukraine war.

  • Core member of the trial team in Facebook challenging multi-billion dollar tax assertions by United States government.

  • Represented a former Olympian in a criminal tax proceeding resulting a 90% reduction in the Government’s proposed sentence.

  • Represented airplane manufacturer/producer in FBI investigation “Kleptocapture” related to seizure of aircraft.

  • Represented FedEx in its successful challenge to the validity of the TCJA foreign tax credit regulations.

  • Representing a European-based investment banker in a major offshore criminal tax case.

  • Represented lead individual in DOJ investigation into an overseas military fuel business operating post 9/11.

  • Represented Sunoco, Inc. in a suit challenging the offset of the ethanol fuel credit to cost of goods sold.

  • Represented several Category 2, Category 3, and non-participating banks with respect to the DOJ non-prosecution agreement program including advising on foreign law deductibility of payments made.

  • Representing three educationally challenged children in a lawsuit alleging their right to schooling was taken away by the failure to offer in-person attendance during COVID.

  • Representing an individual in a major securities fraud investigation.

  • Lead counsel in a case to compel the President of the United States to comply with Federal record-keeping laws.

  • Representing a major pharmaceutical company in a transfer pricing dispute with the IRS.

Professional Honors

  • Leading individual in Tax Controversy, Legal 500, 2009-2015
  • Recommended Lawyer, ITR – World Tax 2014
  • Leading Lawyer, ITR Tax Controversies 2014
  • Recognized in White Collar Crime, Super Lawyers (Washington DC) 2013-2014

Admissions

  • U.S. District Court, Southern District of Texas~United States (2017)
  • U.S. Court of Appeals, Second Circuit~United States (2017)
  • U.S. Court of Appeals, Fifth Circuit~United States (2016)
  • U.S. District Court, Eastern District of Virginia~United States (2008)
  • U.S. Supreme Court~United States (2007)
  • U.S. Court of Appeals for the Armed Forces~United States (2006)
  • U.S. Court of Appeals, District of Columbia Circuit~United States (2006)
  • U.S. District Court, District of Columbia~United States (2006)
  • U.S. District Court, District of Maryland~United States (2006)
  • U.S. Court of Appeals, Federal Circuit~United States (2005)
  • District of Columbia~United States (2005)
  • U.S. Court of Appeals, Fourth Circuit~United States (2004)
  • Virginia~United States (2004)
  • U.S. Court of Federal Claims~United States (2004)
  • U.S. Tax Court~United States (2004)

Education

  • Georgetown University Law Center (J.D., magna cum laude, Sewall Key Prize) (2003)
  • Edgewood College (B.S. Accounting, magna cum laude) (1998)

Languages

  • English
  • Russian

Author, “Tax Court Topples Supreme Court Precedent in Favor of Agency Deference,” Baker McKenzie, April 2023

Author, “IRS Pushes Filing Requirements Into Uncertain Territory,” Baker McKenzie, November 2022

Author, “Shutdown Impacts on Federal Tax Controversies,” Baker McKenzie, January 2019

Author, “Kokesh v. SEC: Are Disgorgement Payments Still Deductible Under Code Section 162?” Baker McKenzie, June 2017

Author, “Attorney-Client Privilege And A Law Firm Leak,” Baker McKenzie, May 2016