On the Halloween day of 2017, a truck rushed towards a bike path adjacent to the Hudson River, which killed eight people. The world was stunned by this tragedy which occurred just a mile from the World Trade Center, the very site of the 911 terrorist attack. One day after the attack, the U.S. Attorney for the Southern District of New York charged Sayfullo Saipov, an Uzbek native who was instigated by the ISIS(Islamic State of Iraq and Syria).
The media spotlight was focused on Joon Kim who held a press conference for this case as an acting U.S. attorney for the Southern District of New York. Since March 2017, he had served as acting U.S. Attorney for the Southern District of New York, taking over after his predecessor, Preet Bharara, was abruptly fired by then President Donald Trump.
The U.S. Attorney’s Office for the Southern District of New York, often referred to as the grim reaper of Wall Street, handles high-profile cases ranging from terrorism and political corruption to Mafia organized crime. Kim is the first Korean-American to reach the top spot of one of the most active and influential federal trial courts in the United States.
During his tenure, he oversaw all criminal and civil litigation conducted on behalf of the United States and supervised the work of about 220 Assistant U.S. Attorneys handling a wide range of cases, including securities fraud, corruption, money laundering, cybercrime, tax, terrorism, racketeering, Bank Secrecy Act and sanctions violations, theft of trade secrets, and economic espionage, as well as civil rights, false claims act, civil enforcement, and environmental matters.
He who moved to a law firm Cleary Gottlieb after serving as an acting district attorney was once again in the media spotlight in 2021, being hired to investigate former New York Governor Andrew Cuomo’s sex scandal. To oversee the inquiry into sexual harassment allegation against Cuomo, Letitia James, then New York State attorney general, hired two lawyers outside her office to conduct the investigation and Kim was one of the two. After the five-month investigation, it was found that the Governor had sexually harassed 11 women including nine former and current aides, over the years.
He led Korean company Medytox’s legal battle against Daewoong Pharmaceutical over a botulinum toxin (BTX) strain in the U.S and won in 2020. Medytox and Daewoong have been locked in the dispute since 2016 as Medytox claims Daewoong has stolen its BTX strain and used it for Daewoong Nabota. Medytox filed the suit with the U.S. International Trade Commission(USITC) in 2019.
Currently, Kim practices at Cleary Gottlieb, specializing in white collar crimes and litigation including patent infringement.
In a recent interview with Chosun Biz, he said “The legal profession is about service. You serve the interests other than your own and importantly, you serve the interests of the rule of law.”
What are some of the key cases you’ve worked on at Cleary Gottlieb?
“A lot of the work that I do as a white-collar defense and investigations lawyer at Cleary Gottlieb involves representing companies and individuals in criminal and regulatory investigations. In those cases, it is a victory when we are able to convince a prosecutor or regulator not to being a case or to resolve the matter in a manner that is favorable to the client. Many of those cases – and the victories in those cases – the public never hears about, because no case is brought. Those are some of the most rewarding and important matters, where I have represented clients and advocated for them with government authorities and convinced them not to bring a case.
In terms of civil litigation that is public, I was involved in the representation of the Korean company Medytox in a trade secrets litigation against Daewoong brought in the International Trade Commission (ITC) in Washington D.C. We took that case to trial and obtained a very successful decision in the court that held that Medytox’s valuable trade secrets had been stolen. That was a very successful and rewarding case, because we believed in our client’s case and was able to vindicate their rights in the American judicial system.”
What legal challenges do Korean companies face with U.S. regulators and markets, and how do you help them?
“I find working with Korean companies to be very rewarding and interesting. There are many aspects of the U.S. judicial system that might be difficult to understand for Korean companies, and as someone who has experience in Korea and speaks Korean, I find that I can play a role that other American lawyers cannot. If you do not have familiarity with the American litigation system or enforcement of criminal and regulatory laws, foreign companies, including Korean companies, could end up getting in trouble or being unsuccessful.
It is important to explain to Korean companies the ways in which U.S. litigation and regulatory enforcement might differ from what they are used to. For example, it is important to know how discovery in U.S. litigation works, how to obtain discovery from the adversary but also how to respond to discovery requests. It is also important to understand in criminal and regulatory matters, what U.S. prosecutors and regulators expect from companies in terms of the interactions with the company and its lawyers. I try to explain how the system works in the U.S. in ways that our Korean clients can understand well.”
What does it mean to be a prosecutor in the U.S. Attorney’s Office for the Southern District of New York, of all places in the United States?
“It was a great privilege to work as a prosecutor at the U.S. Attorney’s Office for the Southern District of New York, and ultimately to serve as the head of that office as the Acting U.S. Attorney. The U.S. Attorney’s Office for the Southern District of New York, is the oldest federal prosecutor’s office in America (founded in 1789 at the same time as the country) and regularly handles some of the country’s most significant prosecutions and litigations. It is not just a prosecutor’s office, but as serves – as the name suggests – as the attorneys for the United States government in court, including civil litigation as well. That is both a great honor and an important responsibility.
The U.S. Attorney’s Office has been the home for many successful lawyers, judges and leaders in the past. And it has had a long-standing tradition of being independent, following the law and the facts faithfully, and not being afraid to take on important cases and powerful interests. The culture and mission of that office is to always do the right thing, the right way, for the right reasons. To be a part of an institution – and to lead such an institution – with such an important mission was one of the greatest honors of my professional career.”
How do you retrospect the 10 months you served as an acting U.S. Attorney for the Southern District of New York?
“To be the head of the U.S. Attorney’s Office for the Southern District of New York from 2017-18, was an honor but also a great responsibility. It was – as it always is for that office – a very busy time where the office worked on a wide range of important matters, including landmark securities fraud cases, major cyber incidents, high-profile public corruption cases, and terrorism attacks on New York City. Making sure that these cases were handle with the expertise, independence and integrity that the Office is known for, was my top priority. I wanted to make sure that as the leader of that Office, these matters that were important to the country and to our communities were handled properly. I focused all of my efforts on doing that.”
Could you share your memory of working on the case of the Halloween truck attack in 2017?
“As a federal law enforcement officer, I believed that the most important task was to keep the citizens safe. When a terrorist attack of that type takes place in a city like New York, it is critical for law enforcement authorities to work together to ensure that not only citizens are reassured about the safety of the city but also that the perpetrators will be brought to justice. I remember feeling extremely proud of how quickly and effectively federal, state and local law enforcement officers worked together to apprehend the defendant and bring federal charges on him promptly. By doing so, we were able to give the citizens of New York City – and the rest of the world that was watching – that New York was safe and that if someone threatened terrorist acts in New York, they would be apprehended and brought to justice promptly.”
When you charged Turkish bankings violating U.S. sanctions on Iran in 2017, The Turkish President protested to then U.S. President Donald Trump, and Turkish prosecutors opened a probe of you. How did you deal with the burden?
“At that time, as we brought the international sanctions case involving Turkey and as we received threats from the Turkish government, including against me personally, I remember thinking how extra important it was to make sure that we handled the case properly and that we were not affected by the threats and attacks. The purpose of those who attack and threaten prosecutors is to try to influence their decision-making, perhaps to scare them into not pursuing particular cases. A prosecutor’s job is to faithfully follow the facts and the law regardless of the consequences. A prosecutor’s job is to treat all as equal under the law, whether they are powerful or powerless, rich or poor. And if prosecutors can be bullied and threatened into changing the way they prosecutor their cases by powerful interests – including foreign countries – then that threatens the rule of law. As more and more threats arrived, I remember thinking how important it was for us to continue to do our jobs and to ignore those outside influences. The rule of law demanded that.”
What was your most memorable case and why?
“The U.S. Attorney’s Office handles a wide range of important cases from terrorism, to public corruption, to economic crimes. That was true while I was Acting U.S. Attorney as well. What stands out to me the most is that very fact – how many different and important cases were being handled the same time. I would, on the same day, be discussing and making decisions about an important international fraud case, a terrorism incident, and a high-profile public corruption case. It required a certain degree of versatility and judgment that I found very interesting and rewarding. The thing I remember most is of being so proud of the line prosecutors who handled such a wide range of important cases with diligence, expertise and integrity.”
During your tenure as a prosecutor, have you worked on any investigations involving South Korea, and if so, could you tell us about them?
“A number of cases that I oversaw while I was at the U.S. Attorney’s Office related to Korea and we often worked closely with Korean prosecutors. Many of the cases are not public, but I do remember the U.S. Attorney’s Office working with Korean authorities in connection with the Sewol ferry tragedy and assisting them with issues that arose in New York. I found that to be a particularly rewarding way in which to work with and assist the Korean prosecutors.”
Wasn’t your Korean-American background an obstacle for your career path?
“As a son of a Korean diplomat, I have always been proud of my Korean heritage. I grew up understanding and being taught the importance and value of public service – serving the interests bigger than your own. For that reason, I was always proud to be able to serve my country, the United States, as my father had served his country, Korea.
As I became more and more senior as a prosecutor, I did not always think or focus on the fact that I was Korean-American. I was focused on doing my job well and not so much beyond that. If you do your job, the rest should take care of itself. But I did recognize as I got more senior fewer minorities were in the leadership positions. I thought the important thing again was to just make sure you did your job well so that in the future there will be more minority attorneys who will hold the leadership positions in these offices.”
As the head of the investigation into former New York Governor Andrew Cuomo’s sex scandal, what are your thoughts on the outcome of the investigation?
“I am very proud of how the entire investigative team worked on the investigation into former New York State Governor Andrew Cuomo and the report that it created. This was a highly public and heavily scrutinized matter, and the investigative team handled the investigation with sensitivity, integrity, and professionalism. All investigations need to be handled that way, but it is particularly so for high profile and important investigations of this type. As an investigative team, we were focused on ignoring distractions and doing a professional job. I believe we did that.”
Recently, a law amendment that restricts the scope of prosecutors’ investigation has been implemented in South Korea. According to this amendment, prosecutors can directly investigate only corruption and economic crimes. It was followed by the National Assembly’s decision that the judicial system in which prosecutors monopolize investigation and prosecutions needs to be revised. What do you think of the restriction of the scope of South Korean prosecutors’ investigative authority?
“Generally speaking, in the United States, the prosecutors and investigators work together to investigate and prosecute crimes. Prosecutors are involved in the investigation and investigators are involved in the prosecution. It is a collaborative effort between prosecutors and investigators. It may be because I am simply more used to such a system, it seems me strange to limit a prosecutor’s ability to investigate or participate in the investigation of certain crimes. In my experience, it is important for prosecutors to participate in investigation, so that they can provide legal advice and perspectives, and it is important for investigators to play a role in prosecutions, as they participated in the identification and gathering of evidence. Such collaboration between prosecutors and investigators at all stages seems to me to be beneficial.”
The opposition Democratic Party of Korea is currently pushing for the impeachment of certain prosecutors, alleging that they have committed personal misconduct. However, some argue that the prosecutors became the political target because they were investigating representatives of the opposing party. What is your perspective on this situation in Korea? Is it possible in the U.S. for the Congress to pursue impeachment of prosecutors to check?
“There are also times when prosecutors in the U.S. are criticized and attacked by political forces, whether it is politicians, legislatures or sometimes, even foreign governments. The important thing for prosecutors to remember is that they must be faithful to the facts and the law, that is all. There will always be critics and those who may seek to influence their decisions. But a prosecutor’s job is to be removed from politics and to simply apply the law to the facts, and treat everyone the same.”
Do you have any advice for young lawyers in Korea?
“To the young 법조인(lawyers) in Korea, I would say the same thing I would say to all young 법조인, including in the U.S. And that is this: You are part of a noble profession. The legal profession is about service. Even if you are not a public servant – like a judge or prosecutor – you serve the interests other than your own – whether that is of your clients and importantly, you serve the interests of the rule of law. What separates just and fair societies from tyranny is law. And good laws are not enough, you need good and strong legal professionals. So I would say to young legal professionals, “be proud of your profession, be fearless and resolute in the defense of what you think is just, and do everything in your power to ensure that the law is applied fairly and equally to all, whether they be rich or poor, powerful or weak. You have the power – more than any other profession – to make sure that justice is served. Don’t waste that power.”
