Thomas McC. Souther is a partner in the White Collar Litigation and Investigations Practice Group of Pepper Hamilton LLP, resident in the New York office.
Prior to joining the firm, Mr. Souther was a partner at Freeh Sporkin & Sullivan, LLP at which he was responsible for establishing the firm’s New York office. Mr. Souther also was a partner for 15 years in the white collar practice of a prominent U.S.-based global law firm that he had re-joined after serving for four years as an Assistant U.S. Attorney in the Southern District of New York. As a federal prosecutor, Mr. Souther investigated and prosecuted a wide variety of criminal cases, including bank fraud, commodities fraud, and mail and wire fraud. His current practice concentrates in the areas of government and regulatory investigations, white collar criminal defense and internal investigations, and he has considerable experience in both the trial and appellate courts.
Mr. Souther’s experience has included advising public and private corporations, boards of directors and special committees, and representing directors, corporate executives and other individuals in connection with internal investigations, regulatory inquiries, grand jury investigations and criminal prosecutions. Mr. Souther successfully defended at trial in federal district court in Massachusetts a former executive of a pharmaceutical company charged with violating the anti-kickback statute, and won the acquittal at trial in the Southern District of New York of a former employee of Bankers Trust Company who had been charged with misapplication of bank funds. He also advised a publishing and media company in connection with a criminal investigation in the Eastern District of New York relating to circulation fraud, and negotiated a non-prosecution agreement on behalf of the company that avoided prosecution of the company and its subsidiaries. He also has represented several hedge funds and their principals or employees in connection with various criminal and regulatory investigations arising out of the 2008 financial crisis.
Mr. Souther recently served as a principal adviser and strategist to Louis J. Freeh in his role as Chapter 11 Trustee of various MF Global entities. has lead the team assembled by Mr. Freeh’s appointment as a Special Master by the U.S. District Court for the Eastern District of Louisiana in a multidistrict litigation matter involving a major settlement program supervised by the court.
In addition to his experience in the white collar defense and regulatory areas, his practice also has included work on a variety of civil matters, including general corporate and complex commercial litigation, and banking-related matters.