Ethan S. Burger is a Washington-based attorney and legal consultant. He has considerable experience in the compliance-due diligence area focusing on (i) transnational financial crime (e.g. the Bank Secrecy Act (BSA), the Foreign Corrupt Practices Act (FCPA), and the Racketeer Influenced and Corrupt Organizations (RICO) Act), (ii) legal malpractice, and (iii) country conditions in Russia.
He has served as consulting counsel to law firms as well as an expert on behalf of their clients in adversarial proceedings. He is also interested in the issues of age discrimination and mandatory gun liability insurance as a tool to reduce the human and economic cost in the U.S.
He combines practical legal experience with an extensive background in academic settings. He is currently an Adjunct Professor at Washington College of Law. Formerly, he was a Senior Lecturer with the University of Wollongong's Law Faculty and its Centre for Transnational Crime Prevention, where he was a consultant to the Queensland Crime and Misconduct Commission's asset forfeiture program.
Previously, he was a Project Director and Associate Research Professor at American University's School of International Service's Transnational Crime and Corruption Center for a U.S. Department of Justice-sponsored project concerned with organized crime and corruption in Russia.
He has taught on an adjunct basis at the Georgetown University Law Center, Washington College of Law and University of Baltimore.
He has written more than 100 publications and given presentations at numerous events, including those of the American Bar Association, Harvard University's Davis Center, Columbia University's Harriman Institute, International Bar Association, International Law Institute, International Monetary Fund, Kennan Institute, New York University, Royal Institute of International Affairs (Chatham House), University of Toronto's Center for Criminology, and the World Bank.
See his LinkedIn listing at http://www.linkedin.com/in/ethansb.
BackgroundQ: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: Harvard University, A.B. (Magna cum Laude), Slavic (Russian/Soviet Area Studies); and Georgetown University Law (cum Laude) -- specializing in international and a member of the American Criminal Law Review.
In addition, I have completed basic and advanced mediation training with the the D.C.-based Center for Dispute Settlement. I have also served as a mediator for more than 10 years for the D.C. Bar's Attorney/Client Arbitration Board.
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: District of Columbia Bar, 1989 – Present; U.S. District Court for the District of Columbia, 1989-92 and 2005-Present; and Maryland State Bar, 2000 – 2010; U.S. District Court for the District of Maryland, 2005-2010 (inactive status).
Mediator and Arbitrator, D.C. Bar Attorney/Client Arbitration Board 1997-2010, International Bar Association, and former member of the D.C. Bar’s Rules of Professional Conduct Review Committee, 2005 - 2007.
Member, American Bar Association, ABA Center for Responsibility), Association of Certified Anti-Money Laundering Specialists, Association of Professional Responsibility Lawyers, and International Bar Association.
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Full-time: University of Wollongong Faculty of Law and its Center for Transnational Crime Prevention -- Transnational Financial Crime, International Corporate Crime, Comparative Corporate Governance, and Ethics and Integrity in the Public Sector.
American University, Transnational Crime and Corruption Center, School of International Service -- Conflict & Resolution in Post-Soviet Russia.
Georgetown University Law Center -- Comparative Corporate Governance and International Economic Crime.
Washington College of Law -- Comparative Comparative Corporate Crime and International Business and Ethical Dilemmas.
University of Baltimore -- Business Law.
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
Q: On how many occasions have you been retained as an expert?
A: In excess of 40.
Q: For what area(s) of expertise have you been retained as an expert?
A: Primarily, transnational economic criminal matters, and commercial cases involving Russia. Political asylum from Russia and Belarus.
Q: In what percentage of your cases were you retained by the plaintiff?
Q: In what percentage of your cases were you retained by the defendant?
Q: On how many occasions have you had your deposition taken?
A: Approximately 10.
Q: When was the last time you had your deposition taken?
A: Five years ago.
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: In excess of 40 times (courts and administrative bodies).
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: In excess of 30 times.
Q: For how many years have you worked with the legal industry as an expert?
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Reports, consulting, case evaluation.
Q: What is your hourly rate to consult with an attorney?
A: $350-450 depending on substance or scope of the matter, with the exception of political asylum cases, which are charged at a low flat rate since such basis while not pro bono usually involve people without significant financial means (e.g. students, human rights advocates, gay individuals).
Q: What is your hourly rate to review documents?
A: Generally, the same rate.
Q: What is your hourly rate to provide deposition testimony?
A: Generally, the same rate.
Q: What is your hourly rate to provide testimony at trial?
A: Generally, the same rate.
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Costs associated with specialized subscriptions, books, new organizations I am asked to join.
ReferencesTo be provided on a case-specific basis. See my contacts listed on my LinkedIn site (http://www.linkedin.com/people/connections) as many of the individuals listed are former colleagues or are familiar with me through professional organizations or other are individuals aware of my work as an academic or as a lawyer.
- Why West Law Enforcement Should Target Russia's Ruling Elite
- Who Will Be The Real Medal Winners at Sochi?, FCPA Professor (2013)
- Recent High-Level Department of Justice Departure Raises Recurring Questions That Require Prompt Action, ACJS Today (2010)
- Challenging conventional wisdom in U.S. anti-money laundering practices, ACAMS Today (2009)
- Power Point: Why Law May Matter in Moscow, Kennan Institution (2009)
- Power Point: Ethical Dilemma: The Attorney as Gatekeeper in Anti-Money Laundering Systems, International Bar Association - Buenos Aires, Argentina (2008)
- Global Warming and Russian Energy Exports: Some Thoughts on the Geopolitical Dimension
- Power Point: Belarus: What Lies Ahead, Department of State / I&R Bureau Symposium (2007)
- Power Point: International Legal Malpractice: Not Only Will The Dog Eventually Bark, It Will Also Bite, St. Mary's Law School, San Antonio Texas (2007)
- Power Point: Why is the Price of Real Estate So High in London and Moscow? American & Georgetown Universities (2006)
- Power Point: Can the Private Sector Lead the Fight Against Corruption?, The World Bank (2006)
- The State of the Russian Arbitrazh Courty System: Are We Being Too Unrealistic in Our Expectations?, The Davis Center, Harvard University (2006)
- Power Point: Sarbanes-Oxley Act of 2002 (SOX): Implementation and Assessment, Institute of Independent Auditors (2005)
- Power Point: Preventing Legal Malpractice in Connection with International Matters (2003)
- Power Point: Economic Globalization, Corruption & Crime: A Conceptual Framework for Understanding Behavior in Government & Business, Northeastern University & the Gorbachev Foundation (2003)
- Individual, Markets & Human Rights, ABA Section of International Law, The CSR Journal (January 2010)
- The Russian Anti-Corruption Campaign: Public Relations, Politics or Substantive Change?, New Journal of European Criminal La, Vol.1, Issue 2 (2010)
- Russian Energy Strategy: Does BP-TNK Represent a Valuable Case Study?, Oil, Gas & Energy Law Intelligence (February 2009)
- Medvekev Makes His Move, www.foreignpolicy.com (March 2009)
- Following Only Some of the Money in Russia, Part I, Demokratizatia (2009)
- Following Only Some of the Money in Russia, Part II, Demokratizatia (2009)
- Silence on the Court...Lawyers Need To Speak Out Against Corruption In The Russian Judicial System , Legal Times (August 25, 2008)
- Law As Politics: The Russian Procuracy And Its Investigative Committee, Colum. J.E. Eur L Vol.2:2 (2008)
- Globalization, Shareholder Rights & Political Realities: Some Initial Thoughts on the Implications of the YUKOS Shareholder Case, Russia/Eurasia Executive Guide (2007)
- The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay: International Legal Malpractice: Not Only Will The Dog Eventually Bark, It Will Also Bite, St. Mary's Law Journal (2007)
- Why The Private Sector is Likely to Lead The Next Stage In The Global Fight Against Corruption, Fordham International Law Journal (December, 2006)
- Symposium: Association Of American Law Schools (AALS), Professional Responsibility Section Essay Contest: Ethics In The Year 2050: The Future Of Legal Ethics: Some Potential Effects Of Globalization & Technological Change On Law Practice Management In The Twenty-First Century, Widener Law Journal (2006)
- Who Is The Corporation's Lawyer, West Virginia Law Review (2005)
- The Future of Law School Faculty Hiring In Light Of Smith V. City of Jackson, Virginia Journal of Social Policy & The Law (Fall, 2005)
- International Legal Malpractice in a Global Economy: A Growing Phenomenon, International Legal Practioner, Vol. 29, No. 2 (July 2004)
- Corruption in the Russian Arbitrazh Courts: Will There Be Significant Progress In The Near Term?, American Bar Association International Lawyer (Spring 2004)
- The Use of Limited Liability Entities For The Practice Of Law: Have Lawyers Been Lulled Into A False Sense of Security?, Texas Journal of Business Law Vol. 40:2 (2004)
- Regulating Large International Accounting Firms: Should The Scope Of Liability For Outside Accountants Be Expanded To Strengthen Corporate Governance And Lessen The Risk Of Securities Law Violations?, Hamline Law Review 28:1 (2004)
- Business Losses in Russia: The Inevitable Search for Accountability and Deep Pockets & Significant New Legislative and Normative Acts in Ukraine, Russia/Central Europe Executive Guide (January 31, 1999)
- Is Your Gun Covered? States Should Require Firearm Owners to Buy Insurance (1997)