About me

Represents companies and individuals in high-stakes, white collar and regulatory investigations and litigation.

Served for five years as a federal prosecutor and four years as an enforcement attorney at the Securities and Exchange Commission (SEC).

Mike Asaro is a trusted advocate for companies and individuals facing their highest-stakes legal challenges—from federal criminal investigations and SEC enforcement actions to complex commercial disputes. A former federal prosecutor and SEC enforcement attorney, Mike brings a deep understanding of both criminal and civil government investigations to every engagement.

Mike is a leader of Akin’s white collar defense and global investigations practice, where he draws on decades of experience to deliver practical, results-driven counsel. His practice encompasses white collar criminal defense, SEC and Commodity Futures Trading Commission (CFTC) enforcement matters, corporate internal investigations and complex commercial litigation. Mike also regularly advises investment firms on compliance with the federal securities and commodities laws, helping clients stay ahead of regulatory risk before it becomes a crisis.

Before entering private practice, Mike served as an assistant U.S. attorney in the Eastern District of New York, rising to deputy chief of the Business and Securities Fraud Section. In that role, he oversaw the prosecution of numerous complex, high-profile securities fraud, wire fraud, bribery and money laundering cases.

Mike began his government career in the SEC’s New York office, where he served as a branch chief, supervising staff attorneys conducting regulatory investigations and enforcement actions. During that time, he was also appointed as a special assistant U.S. attorney in the Southern District of New York.

Chambers USA has praised Mike’s “ability to understand complex technical issues and sophisticated processes” as “second to none,” calling him a “great lawyer” who is “solution-oriented” and “really delivers.” He regularly counsels companies and individuals in matters involving:

Insider trading

Market manipulation and disruptive trading

Accounting irregularities and public company disclosure issues

Investment adviser and broker/dealer regulation

Conflicts of interest and breaches of fiduciary duty

Anti-bribery and Foreign Corrupt Practices Act (FCPA)

Complex commercial litigation.

Representative Work

Conducted an internal investigation on behalf of the Special Committee of the Board of Directors of Eastman Kodak Company into issues related to trading and options grants in advance of a public news announcement. Also represented Eastman Kodak in connection with related SEC and New York Attorney General investigations.

Conducted an internal investigation on behalf of the Audit Committees of two public companies into allegations of accounting improprieties at a joint venture co-owned by both companies.

Represented hedge funds and their employees in connection with dozens of insider trading and market manipulation investigations by the SEC, DOJ and CFTC.

Represented a high-frequency trading firm in connection with an investigation by the DOJ into potential violations of the Commodity Exchange Act related to the firm's cryptocurrency trading business.

Represented a private credit fund manager in an SEC investigation into potential conflicts of interest and the valuation of illiquid investments.

Conducted an internal investigation on behalf of a quantitative trading firm into a complex scheme by a rogue employee who tampered with trading algorithms to secure an inflated bonus. Also represented the firm in parallel SEC and DOJ investigations into the employee’s misconduct and the firm’s supervisory systems and internal controls.

Defended an executive of an international investment bank who was the target of a criminal investigation by the U.S. Attorney’s Office for the District of Massachusetts into allegedly fraudulent subprime mortgage securitizations. Persuaded the U.S. Attorney’s Office to resolve the matter without any charges against the client.

Represented an investment adviser and its principal in a securities class action and multiple shareholder derivative lawsuits alleging fraud and breach of fiduciary duty. Obtained dismissals of all actions, which were upheld on appeal.

Defended a hedge fund in a defamation lawsuit involving an alleged “short and distort” market manipulation scheme. Obtained a complete dismissal of the case on First Amendment grounds.

Represented numerous registered investment advisers in connection with examinations by the SEC’s Division of Examinations (EXAMS).