Kim Berger is a partner* with BraunHagey & Borden. She is an experienced litigator and trial lawyer with extensive prosecutorial and private sector experience. Her practice focuses on complex commercial litigation, white-collar criminal defense, and internal investigations. She also advises clients in connection with developing effective compliance programs and compliance reviews.
Kim’s government experience includes positions at the U.S. Attorney’s Office for the Southern District of New York, the Fraud Section in Washington, D.C., and the U.S. Attorney’s Office for the Northern District of California. She has personally handled hundreds of investigations involving securities, commodities and other investment fraud schemes, health care fraud, bank fraud, the Foreign Corrupt Practices Act, and environmental crimes. She served as lead or co-counsel in more than 13 jury trials, and has argued many appeals before the U.S. Court of Appeals for the Second Circuit.
Kim served as an Assistant United States Attorney for the Southern District of New York from February 1998 through April 2005. During her tenure, she prosecuted a wide variety of cases and served as the Co-Chief of the Economic Crimes unit, where she supervised over 20 prosecutors engaged in investigations and prosecutions of complex financial crimes.
As Deputy Chief of the Fraud Section, Kim supervised trial attorneys investigating and prosecuting complex financial crimes and violations of the Foreign Corrupt Practices Act in districts all across the county. While at the Fraud Section, Kim was detailed to the U.S. Attorney’s Office in San Francisco to assist on several complex investigations undertaken by that office, including the investigation of former executives of a failed Bay Area solar company, and the investigation of a national financial institution in connection with their role in the issuance of mortgage-backed securities.
Kim has also had several in-house positions, including as the Chief Compliance Officer of the National Basketball Association, and most recently, with responsibility for compliance at Tesla, Inc. These in-house positions make Kim particularly sensitive to the needs of in-house counsel, and uniquely qualified to advise companies, large and small, on the effectiveness of their compliance programs.
Kim lives in San Francisco and enjoys hiking and yoga.
*Admitted in New York only. Not admitted to the California Bar.
For more information about Kim's representative cases and experience, please contact the firm.
J.D. from Brooklyn Law School (1991); Member of the Law Review
B.A. in Psychology from Binghamton University
Tesla, Inc.; U.S. Attorney’s Office for the Northern District of California; Fraud Section, Department of Justice (Washington, D.C.); National Basketball Association (New York); U.S. Attorney’s Office for the Southern District of New York; Willkie Farr & Gallagher (New York)
Admitted in New York. Application to practice in California is pending.