Jeff Martino

Jeffrey (Jeff) D. Martino

Partner
Baker & McKenzie LLP

Biography

Jeff Martino brings an in-depth understanding of a wide variety of white collar and fraud related matters to his antitrust litigation and investigations practice. Jeff is co-lead of the Firm's Global Cartel Task Force and represents multinational corporations and their boards and executives in high-stakes criminal and civil investigations by the US Department of Justice (DOJ) and other federal and state agencies

Prior to joining Baker McKenzie, Jeff spent nearly two decades at the DOJ and his last 7 years as a senior leader in two different DOJ components. He has extensive experience as “first chair” on trials and investigations in the most complex areas of criminal antitrust. Jeff's work at the DOJ included providing technical assistance to competition agencies in Asia, Africa, the Americas and Europe and overseeing matters that included international corruption and antitrust cartel offenses that entangled the largest global banks and their key executives.

Practice Focus

Jeff utilizes his experience working with financial regulators, both internationally and domestically, competition agencies abroad, and prosecutors across the United States to advise companies and senior executives on best practices in avoiding risk and ensuring holistic compliance in key business units. Jeff is well-versed in the nuances of antitrust compliance guidelines, having led the first Antitrust Division prosecution to recognize a corporate compliance program at the sentencing phase and played a significant role in developing the Antitrust Division’s recent policy change to consider crediting compliance programs at the charging phase.

Jeff has considerable experience overseeing investigations involving human resource professionals, specifically in the context of "no poach" agreements. Jeff previously served as Chief of the United States Attorney’s Office in Arizona’s Financial Crimes and Public Integrity Section and the Civil Rights Coordinator.

Representative Legal Matters

Prior to joining the Firm, Jeff handled the following matters:

  • Represented multiple government contactors conducting internal investigations related to PPP loan fraud and potential false claims act violations.

  • Represented corporations and senior executives in separate multiple “no poach” and cross-border bid rigging/price fixing investigations by DOJ’s Antitrust Division.

  • Represented numerous e-commerce companies and the key executives in litigation against the FTC in federal court. Cross-examined the FTC’s expert and handled the direct examination of a consumer perception survey expert.

  • Represented a major data company under investigation by DOJ’s Consumer Protection Branch for allegations of mail fraud.

  • Served as the antitrust legal advisor to a national COVID-19 Value Chain Coalition coordinated by PwC that includes vaccine retailers, manufacturers, insurance providers and therapeutic providers.

  • Provided guidance to media outlets and potential clients on pricing strategy for essential products and adherence with federal, state and local price gouging laws during the COVID-19 pandemic.

  • Advised a major telecommunications company that entered into a consent decree with the FTC.

  • Served as co-lead counsel in trial involving price fixing of the euro/US Dollar currency pair among the world’s largest banks in the foreign exchange market.

  • Collaborated with other domestic and international agency leaders to coordinate law enforcement efforts for international investigations affecting the US and abroad, including foreign competition and enforcement agencies, UK’s Serious Fraud Office and Financial Conduct Authority, DG Comp, South Africa Competition Commission, and numerous competition agencies in Latin America and Asia.

  • Led and oversaw multiple international extraditions involving fraud and antitrust charges against foreign nationals and utilized foreign assistance requests pursuant Mutual Legal Assistance Treaties (MLAT) and International Antitrust Enforcement Assistance Act (IAEAA).

  • As an Assistant US Attorney, Jeff investigated and prosecuted various types of crimes, including southwest border crimes, public corruption, drug trafficking organizations, international and domestic human smuggling organizations, counterfeiting organizations, public employee embezzlement and postal workers for fraud.

  • Provides antitrust compliance advice and training for multiple global companies.

  • Representing corporate third-party subpoena recipient in US v. Google and State of Colorado et al. v. Google civil antitrust lawsuits.

Professional Honors

  • Recommended in Antitrust: Civil Litigation/Class Actions Defense, The Legal 500 United States, 2020 - 2021
  • Attorney General Award for Distinguished Service, 2016
  • Assistant Attorney General Award of Distinction, 2015
  • EOUSA Director's Award, 2013
  • Department of Homeland Security, Award for Outstanding Performance for Operation "In Plain Sight," 2012
  • Assistant Attorney General Award, 2011

Professional Associations and Memberships

  • International Competition Network: Non-Governmental Advisor
  • American Bar Association
    • Antitrust Law Section, Cartel and Criminal Practice Committee: Vice Chair
    • International Cartel Task Force (2019)
    • Cartel and Criminal Practice Newsletter: Editor (2013 to 2015)
  • New York State Bar Association
    • Antitrust Section Executive Committee
    • Cartel and Criminal Practice Subcommittee: Chair
  • California Lawyer’s Association, Antitrust, UCL, and Privacy Section

Admissions

  • New York~United States
  • U.S. District Court, District of Colorado~United States
  • California~United States
  • District of Columbia~United States

Education

  • The City University of New York School of Law (JD, New York City Law Review, Executive Managing Editor) (2002)
  • University of Nebraska (MPA) (1999)
  • Oklahoma City University (BA Criminal Justice) (1996)

Languages

  • English
  • Co-author, "United States: President Biden issues Executive Order to promote Vigorous Antitrust Enforcement in Key Markets," Baker McKenzie InsightPlus, 12 July 2021

  • Co-author, "Hitting Your Cartel Pitch Meeting Out of the Park," Cartel & Criminal Practice Committee Newsletter, February 2021

  • Co-author, "Competition and Corruption: Key Developments in Cross-Border Investigations," Competition Law Insight, September 2020

  • Co-author, "Food Industry Antitrust During COVID-19," Bloomberg Law, July 2020

  • Co-author, "Enforcement at the CFTC Takes Shape,” Wall Street Lawyer, May 2020

  • Co-author, "Responding to DOJ’s Increasing Int’l Antitrust Extraditions,” Law360, April 2020