Nicholas Surmacz is an experienced trial lawyer and investigator who has served as lead counsel in numerous high-profile, cross-border matters involving fraud, bribery and other misconduct. He represents corporations, executives and high net worth individuals facing investigations, enforcement actions and asset forfeiture efforts by global criminal and civil regulators, including the various components of the U.S. Department of Justice (DOJ), where he previously served as a senior member of the DOJ’s Fraud Section in Washington, DC. He also has significant experience navigating cross-border treaty requests, including extradition, Mutual Legal Assistance Treaty (MLAT) requests for evidence and INTERPOL matters.
As an investigator, Mr. Surmacz was recognized as one of the world’s leading young investigations specialists by Global Investigations Review, having been named to its global “40 Under 40” list. In this area, he has led and supervised cross-border investigations in matters involving complex securities, commodities, accounting, health care and government procurement fraud as well as a variety of bribery and money laundering matters, including investigations into alleged violations of the U.S. Foreign Corrupt Practices Act (FCPA).
Before joining Kobre & Kim, Mr. Surmacz served as an Assistant Chief of the DOJ Fraud Section in Washington, D.C. At the DOJ, he worked closely with global civil and criminal regulators, including the U.S. Securities and Exchange Commission (SEC) and U.S. Commodities Futures Trading Commission (CFTC) as well as the U.K. Financial Conduct Authority (FCA) and National Crime Agency (NCA). As the only former DOJ Fraud Section supervisor in private practice outside the United States, Mr. Surmacz’s practice focuses heavily on cross-border matters across Europe, Africa and the Middle East.
Earlier in his career, Mr. Surmacz practiced at White & Case LLP in New York, where he represented clients in criminal white-collar and antitrust investigations by government agencies as well as in parallel civil actions.
Before his legal career, Mr. Surmacz earned a Master of Business Administration (MBA) and was licensed as a Certified Public Accountant in the United States.
Admissions
- New York
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the District of Connecticut
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- Registered Foreign Lawyer, England & Wales
Education
- University of Notre Dame Law School, JD, cum laude
- Indiana University Kelley School of Business, MBA
- Indiana University, BS
Accolades
- STEP Private Client Awards 2023/24, International Legal Team of the Year (midsize firm), Shortlist
- Private Client Global Elite, "Rising Leader" (2022)
- Global Investigations Review 40 Under 40 (2020)
- DOJ Director’s Award for Superior Performance as AUSA (2014)
Select Engagements
- Who’s Who Legal 2024 Global Guide Recognizes Kobre & Kim and 13 Lawyers
- Andrew Stafford KC and Nicholas Surmacz on Enforcement of Awards Against Sovereign States at London International Disputes Week Seminar
- Private Client Global Elite Directory Recognizes Adriana Riviere-Badell, Evelyn Sheehan, Mark Rowlands, Nicholas Surmacz and Polly Wilkins
- Kobre & Kim Ranked by The Legal 500 UK for White-Collar Crime Defense and Reputation Management
- Who's Who Legal 2023 Global Guide Recognizes Kobre & Kim and 13 Lawyers
- Nicholas Surmacz Recognized in Who’s Who Legal: Investigations 2023
- Polly Wilkins, Evelyn Sheehan, Nicholas Surmacz Recognized in Private Client Global Elite
- 2022 Private Client Elite Global Directory Lists Robin Rathmell, Polly Wilkins, Evelyn Sheehan, Nicholas Surmacz, Jason Short
- Kobre & Kim Placed in GIR 100 2021
- Nicholas Surmacz to Lead Panel on Extradition Claims at C5 Fraud, Asset Tracing & Recovery Conference
- Benjamin Sirota, Nicholas Surmacz and Joshua Huang on Antitrust and Offensive Investigations in Part 2 of “Antitrust” Podcast Series
- Nicholas Surmacz Evaluates New U.S. Powers to Subpoena Foreign Banks in GIR
- Nicholas Surmacz Unpacks the New Kleptocracy Asset Recovery Rewards Act in Law360
- Wealth Talk: Nicholas Surmacz on Investigations and Extradition Risks Facing African HNWIs
- Nicholas Surmacz Ranked in Global Investigations Review’s 40 Under 40
- How Israeli, Middle Eastern and African Individuals Should Respond to Criminal Allegations from Foreign Governments
- Preparing for Politically Motivated Criminal Enforcement Against Companies and Individuals in Asia
- African Ultra-High-Net-Worth Individuals Can Protect Themselves from U.S. Authorities’ Increased Scrutiny
- How Israeli UHNWIs Can Prepare and Respond to Criminal Allegations from Western Enforcement Agencies
- The Next Challenge For Independent Outside Counsel Performing Internal Investigations: Employees’ Personal Cell Phones
- Traders Can Stand Up to Investigations from Regulators and Exchanges
- U.S. Sanctions Against Individuals in Greater China May Come Suddenly: How Overseas Advisors Can Protect Their Clients from Overreach
- New U.S. Bribery Law Could Put Non-U.S. Officials Under Unwarranted Scrutiny
- Global Investors: Managing Risks Arising in Latin America from Political Turmoil
- New U.S. Rules For Investment Advisors Could Bring Aggressive Scrutiny on Non-U.S. Individuals
- Don't Stand Passive Against Anti-Competitive Behavior: U.S. Court Endorses Private Sector Antitrust Tools
- Crypto Parties Can Stand Up to Regulatory Overreach
- Global Companies Can Gain Advantage From Aggressive U.S. Antitrust Enforcement
- Non-U.S. Companies Beware: U.S. Corporate Leniency Programs May Not Achieve Best Outcome
- Non-U.S. Companies Beware: New U.S. DOJ Guidelines May Apply
- Companies and Individuals in Greater China Can Protect Themselves from U.S. Sanctions Overreach
- New U.S. DOJ “Safe Harbor” Provisions May Not Be So Safe for Non-U.S. Companies
- Mitigating Cyprus-Tied Shipping Companies' Exposure to Western Sanctions
Publications & Presentations
- Moderator, “Extradition in Fraud Matters: Perspectives on Defence and Prosecution Theories, Recent Developments and Their Impact Moving Forward” (C5 Fraud, Asset Tracing and Recovery Geneva, March 2021)
- Speaker, “Anatomy of a Boardroom Dispute – A Live Mock Dispute Involving a Multinational Facing a Major Corporate Crisis, and a Management Board in Meltdown” (International Forum of Senior Executive Advisors, March 2021)
- Speaker, “Advising International Senior Executives and Founders Accused of Serious Wrongdoing: Anatomy of a Cross-Border Misconduct Investigation” (International Forum of Senior Executive Advisors, London, United Kingdom, February 2020)
- Speaker, "Lessons Learned and Practice Pointers: Regulators’ Perspectives Regarding Cryptocurrency Receiverships" (National Association of Federal Equity Receivers, Washington, DC, May 2018)
- Speaker, "Navigating the Challenges of the Regulatory Abyss: Finding Solutions for Technological Dilemmas, International Coordination & Increased Oversight" (5th Annual Operations for Alternatives Conference, Miami Beach, Florida, March 2018)
- Speaker, "Trial Practice Demonstration: Examining a HEAT Prosecution in South Florida," (ABA 27th Annual National Institute on Health Care Fraud, Ft. Lauderdale, Florida, May 2017)
- Speaker, "Enforcement and Compliance: Strategies for Organizational Counsel and Compliance Professionals" (ABA 26th Annual National Institute on Health Care Fraud, Indian Wells, California, May 2016 and Health Care Compliance Association's 2nd Annual Healthcare Enforcement Compliance Institute, Washington, DC, October 2016)
Credentials
Admissions
- New York
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the District of Connecticut
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- Registered Foreign Lawyer, England & Wales
Education
- University of Notre Dame Law School, JD, cum laude
- Indiana University Kelley School of Business, MBA
- Indiana University, BS
Accolades
- STEP Private Client Awards 2023/24, International Legal Team of the Year (midsize firm), Shortlist
- Private Client Global Elite, "Rising Leader" (2022)
- Global Investigations Review 40 Under 40 (2020)
- DOJ Director’s Award for Superior Performance as AUSA (2014)
Engagements
News
- Who’s Who Legal 2024 Global Guide Recognizes Kobre & Kim and 13 Lawyers
- Andrew Stafford KC and Nicholas Surmacz on Enforcement of Awards Against Sovereign States at London International Disputes Week Seminar
- Private Client Global Elite Directory Recognizes Adriana Riviere-Badell, Evelyn Sheehan, Mark Rowlands, Nicholas Surmacz and Polly Wilkins
- Kobre & Kim Ranked by The Legal 500 UK for White-Collar Crime Defense and Reputation Management
- Who's Who Legal 2023 Global Guide Recognizes Kobre & Kim and 13 Lawyers
- Nicholas Surmacz Recognized in Who’s Who Legal: Investigations 2023
- Polly Wilkins, Evelyn Sheehan, Nicholas Surmacz Recognized in Private Client Global Elite
- 2022 Private Client Elite Global Directory Lists Robin Rathmell, Polly Wilkins, Evelyn Sheehan, Nicholas Surmacz, Jason Short
- Kobre & Kim Placed in GIR 100 2021
- Nicholas Surmacz to Lead Panel on Extradition Claims at C5 Fraud, Asset Tracing & Recovery Conference
- Benjamin Sirota, Nicholas Surmacz and Joshua Huang on Antitrust and Offensive Investigations in Part 2 of “Antitrust” Podcast Series
- Nicholas Surmacz Evaluates New U.S. Powers to Subpoena Foreign Banks in GIR
- Nicholas Surmacz Unpacks the New Kleptocracy Asset Recovery Rewards Act in Law360
- Wealth Talk: Nicholas Surmacz on Investigations and Extradition Risks Facing African HNWIs
- Nicholas Surmacz Ranked in Global Investigations Review’s 40 Under 40
- How Israeli, Middle Eastern and African Individuals Should Respond to Criminal Allegations from Foreign Governments
- Preparing for Politically Motivated Criminal Enforcement Against Companies and Individuals in Asia
- African Ultra-High-Net-Worth Individuals Can Protect Themselves from U.S. Authorities’ Increased Scrutiny
- How Israeli UHNWIs Can Prepare and Respond to Criminal Allegations from Western Enforcement Agencies
- The Next Challenge For Independent Outside Counsel Performing Internal Investigations: Employees’ Personal Cell Phones
- Traders Can Stand Up to Investigations from Regulators and Exchanges
- U.S. Sanctions Against Individuals in Greater China May Come Suddenly: How Overseas Advisors Can Protect Their Clients from Overreach
- New U.S. Bribery Law Could Put Non-U.S. Officials Under Unwarranted Scrutiny
- Global Investors: Managing Risks Arising in Latin America from Political Turmoil
- New U.S. Rules For Investment Advisors Could Bring Aggressive Scrutiny on Non-U.S. Individuals
- Don't Stand Passive Against Anti-Competitive Behavior: U.S. Court Endorses Private Sector Antitrust Tools
- Crypto Parties Can Stand Up to Regulatory Overreach
- Global Companies Can Gain Advantage From Aggressive U.S. Antitrust Enforcement
- Non-U.S. Companies Beware: U.S. Corporate Leniency Programs May Not Achieve Best Outcome
- Non-U.S. Companies Beware: New U.S. DOJ Guidelines May Apply
- Companies and Individuals in Greater China Can Protect Themselves from U.S. Sanctions Overreach
- New U.S. DOJ “Safe Harbor” Provisions May Not Be So Safe for Non-U.S. Companies
- Mitigating Cyprus-Tied Shipping Companies' Exposure to Western Sanctions
Publications & Presentations
- Moderator, “Extradition in Fraud Matters: Perspectives on Defence and Prosecution Theories, Recent Developments and Their Impact Moving Forward” (C5 Fraud, Asset Tracing and Recovery Geneva, March 2021)
- Speaker, “Anatomy of a Boardroom Dispute – A Live Mock Dispute Involving a Multinational Facing a Major Corporate Crisis, and a Management Board in Meltdown” (International Forum of Senior Executive Advisors, March 2021)
- Speaker, “Advising International Senior Executives and Founders Accused of Serious Wrongdoing: Anatomy of a Cross-Border Misconduct Investigation” (International Forum of Senior Executive Advisors, London, United Kingdom, February 2020)
- Speaker, "Lessons Learned and Practice Pointers: Regulators’ Perspectives Regarding Cryptocurrency Receiverships" (National Association of Federal Equity Receivers, Washington, DC, May 2018)
- Speaker, "Navigating the Challenges of the Regulatory Abyss: Finding Solutions for Technological Dilemmas, International Coordination & Increased Oversight" (5th Annual Operations for Alternatives Conference, Miami Beach, Florida, March 2018)
- Speaker, "Trial Practice Demonstration: Examining a HEAT Prosecution in South Florida," (ABA 27th Annual National Institute on Health Care Fraud, Ft. Lauderdale, Florida, May 2017)
- Speaker, "Enforcement and Compliance: Strategies for Organizational Counsel and Compliance Professionals" (ABA 26th Annual National Institute on Health Care Fraud, Indian Wells, California, May 2016 and Health Care Compliance Association's 2nd Annual Healthcare Enforcement Compliance Institute, Washington, DC, October 2016)