Raphael A. Prober, Partner, Congressional Investigations | Akin

Raphael A. Prober

Partner

Areas of Focus

Raphael A. Prober, Partner, Congressional Investigations | Akin

Raphael A. Prober

Partner

rprober@akingump.com

Areas of Focus

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Biography
  • Assists with all aspects of governmental investigations, as well as related internal investigations and regulatory matters, with a focus on congressional investigations.
  • Served as an Associate Deputy Attorney General at the U.S. Department of Justice (DOJ).
  • Is co-head of the firm’s congressional investigations practice.

Throughout his career in private practice and the public sector, Rafi Prober has advised companies, institutions and individuals in some of the most high stakes, complex and consequential congressional and governmental investigations. He also assists with internal investigations, compliance audits and the development of effective compliance programs. Rafi is ranked Band 1 by Chambers USA and is described as an “esteemed practitioner” and “a world-class lawyer with superb awareness, responsiveness and commitment to his clients."

In 2015, after over a decade in private practice, including as a partner at Akin, Rafi was appointed to a key role at DOJ, serving as an Associate Deputy Attorney General. He handled all facets of the DOJ’s responses to congressional oversight and investigations, which often involved parallel DOJ investigations and enforcement matters. He was also responsible for engagement with the DOJ Inspector General’s Office, the Government Accountability Office, and DOJ’s Office of Information Policy (overseeing the Freedom of Information Act (FOIA) for the executive branch). He returned to Akin in 2017.

Rafi’s experience on both sides of high-profile investigations allows him to develop strategies that address not just the immediate scrutiny itself, but also broader reputational and business considerations, including the investigation’s potential impact on parallel criminal, civil and regulatory proceedings.

Rafi’s representations span a wide range of federal executive branch departments, commissions and agencies, including the departments of Justice, Defense, and Health and Human Services, among others. He has also helped clients navigate inquiries by state attorneys general, state legislative bodies and inspector general offices.

Rafi also devotes times to pro bono matters, representing clients on a number of matters that have garnered significant national and international attention. This has included Rafi’s representation of The Episcopal Diocese of Washington, DC and St. John’s Church in connection with congressional investigations into the forcible clearing of peaceful protesters from Lafayette Square, as well as the representation of a prominent witness (Mr. Jason Van Tatenhove) in connection with his testimony before the January 6th Committee regarding the danger posed by violent extremist groups. Rafi also spearheaded the firm’s pro bono representation of hundreds of Holocaust survivors and family members in their pursuit of justice from the French railroad company that was responsible for deporting these victims toward the death camps. His work on this matter, spanning almost a decade, resulted in an historic agreement between the U.S. and France in which France funded a more-than-$60 million compensation fund for the victims and their families, including Akin’s clients.

Rafi has served as an adjunct professor at Georgetown University Law Center and Fordham Law School, teaching a course on congressional investigations.

Representative Work
  • Represented a prominent client in congressional investigations concerning Robinhood/GameStop-related events and allegations.
  • Represented a leading SPAC-sponsor in connection with congressional investigations of the industry.
  • Represented pro bono a key witness in the January 6th Committee inquiry, with a focus on the danger posed by violent extremist groups.
  • Represented a global pharmaceutical manufacturer in multiple congressional investigations concerning drug pricing issues.
  • Represented a leading oil and gas company in connection with climate-related congressional investigations.
  • Represented a major financial institution in connection with multiple high-profile congressional investigations and related matters, concerning the institution’s reported business dealings with former senior government officials and related parties.
  • Represented a prominent FinTech company in connection with investigations concerning pandemic relief funds.
  • Represented a leading international retailer in connection with an investigation regarding the impact of the pandemic on women in the workforce.
  • Represented a major insurance company with multiple congressional, state regulatory, and state attorneys general investigations related to the opioid crisis.
  • Represented an iconic U.S. company in connection with congressional and other investigations related to its pursuit of a loan through the U.S. International Development Finance Corporation. This included co-leading an extensive investigation on behalf of a special committee of the board.
  • Represented a number of clients, including a former senior DOJ official, in connection with the House and Senate Intelligence Committee investigations into Russian interference in the 2016 elections.
  • Represented a leading technology company in a congressional investigation concerning the high-profile privacy allegations connected to Cambridge Analytica.
  • Represented a legendary major league baseball team in connection with congressional investigations into stadium financing, as well as in a related state legislative inquiry and related litigation.
  • Represented a major independent living facility in a congressional investigation related to veterans’ benefits, as well as in a related state attorney general investigation and settlement.
  • Represented a number of leading banks, hedge funds and fund managers in a variety of congressional investigations, including those focused on mortgage and lending practices, physical commodity holdings and trading practices, among other issues.

“His knowledge and contacts within this area are second to none. He is a go-to lawyer for anyone being investigated or appearing before Congress.”

Chambers USA, 2023

Education
  • J.D., Georgetown University Law Center, cum laude, 2003

  • B.S., Georgetown University, magna cum laude, 2000

Bar Admissions
  • District of Columbia

  • New York

Recognitions
  • The Legal 500 US, Congressional Investigations, 2023 - 2024.
  • Chambers USA, Government Relations: Congressional Investigations, 2021 - 2024 (Band 1).
  • The National Law Journal, Crisis Leadership Trailblazer, 2021.
  • National Law Journal, D.C. Rising Star, 2017.
  • Law360, Rising Star, White Collar, 2014.
Speeches and Publications
  • "Representing Parties in Congressional Inquiries and Parallel Criminal Investigations," American Bar Association’s 38th Annual National Institute on White Collar Crime, Miami, March 2023.
  • “The New Congress & Higher Education: An Anticipated Focus on China,” Akin Webinar, October 27, 2022.
  • “Congressional Investigations and Washington’s New Look: What to Expect Given Democratic Control of the House, Senate and White House,” Akin Webinar, January 28, 2021.
  • “Post-Election Outlook: Congressional Investigations Under the Incoming Biden Administration,” Akin Webinar, November 16, 2020.
  • “How to Prepare for Forthcoming Congressional Investigations in the Wake of the COVID-19 Pandemic,” Akin Webinar, April 27, 2020.
  • “Congressional Investigations in the 116th Congress and Implications for the Private Sector,” Association of Corporate Counsel, Washington, DC, March 26, 2019.
  • "The Power to Investigate – What the Mid-Term Election Results Could Mean for Your Funds and Investments," Akin In-House CLE, New York, December 11, 2018.
  • Panelist, “Congressional Investigations in the 116th Congress and what the Mid-Term Elections Mean for the Private Sector,” Akin CLE Series, New York, NY and Houston and Dallas, TX, October 2018.
  • “Beyond Trump: Congressional Investigations in the 116th Congress and what the Mid-Term Elections Mean for the Private Sector,” Akin In-House CLE Series, New York, Houston, Dallas, September 2018.
  • “Congressional Investigations: How to Manage Enforcement and Business Risks,” PLI Center, New York, October 4, 2017
  • “DOJ and Congressional Enforcement in the Energy Sector,” The Energy Bar Association, Energy Enforcement Outlook for 2014, Houston, January 30, 2014.

Insights and Achievements

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