Jonathan Leiken — Chief Legal Officer, Senior Vice President and Secretary at Diebold

Mr. Jonathan B. Leiken, also known as Jon, has been Chief Legal Officer, Senior Vice President and Secretary at Diebold, Incorporated since May 29, 2014. Mr. Leiken served as a Partner at Jones Day. He was Federal Prosecutor in the Southern District of New York who focused his practice on representing businesses and individuals in white-collar criminal, complex civil and regulatory or enforcement proceedings. As a member of Jones Day's international corporate criminal investigations practice, he conducted internal corporate investigations on behalf of audit committees and senior management and defends companies and individuals in white-collar criminal investigations and civil enforcement actions before the United States Securities & Exchange Commission and other state and federal regulatory agencies. Mr. Leiken handled investigations involving allegations of stock options backdating, accounting fraud, insider trading, kickbacks and extortion, government contracting fraud, public corruption and other acts of alleged wrongdoing in the workplace. He regularly advises clients on their corporate compliance and ethics programs as well as compliance with the Foreign Corrupt Practices Act. As a member of Jones day's trial and securities litigation practices, Mr. Leiken maintained an active civil caseload focusing on complex business litigation. He represented public and private companies, boards of directors, senior management and individuals in complex business litigation and in actions alleging corporate wrongdoing and securities fraud. He is a member of the bars in Ohio and New York and appears regularly in courts in both jurisdictions. From 2001 to 2004, he was an assistant U.S. attorney in the Criminal Division of the U.S. Attorney's Office for the Southern District of New York where he prosecuted cases involving, among other things, securities fraud, corporate embezzlement, terrorism, organized crime and threats against the president of the United States. During his tenure in the Justice Department, Mr. Leiken served as first-chair in numerous jury trials in U.S. District Court in the Southern District of New York, obtaining convictions in each of his five trials, including United States v. Daniel T. Glum (before Judge Charles L. Brieant) (corporate executive sentenced to four years in prison on charges of embezzlement and mail fraud); United States v. Marzell Underwood (before Judge Jed S. Rakoff) (leader of violent heroin-trafficking conspiracy sentenced to life imprisonment); and United States v. Lawrence Savoca (before Judge Stephen C. Robinson) (defendant sentenced to 10 years in prison for committing armed Hobbs Act robbery and for shooting of innocent victim). He also obtained convictions and lengthy prison sentences for all five of the participants in a violent home invasion in Rockland County, New York and was a member of the prosecution team in United States v. Stephen Hurley in which the mayor of Stony Point, New York was convicted and sentenced to a prison term for engaging in an elaborate kickback scheme. He also briefed and personally argued several appeals on behalf of the United States government in the U.S. Court of Appeals for the Second Circuit, obtaining decisions in favor of the government in all of his appearances in the Second Circuit. Among Mr. Leiken's successful appeals was United States v. Usama Whab, which defined the standard for conviction under the federal false statements statute, 18 U.S.C. Section 1001. The Second Circuit's opinion in Whab now appears in several law school casebooks on the subject of white-collar crime. He received numerous commendations from federal law enforcement agencies including the Federal Bureau of Investigation, the U.S. Postal Inspection Service, the Drug Enforcement Administration, the U.S. Department of State and several local police departments for his work as a federal prosecutor. Prior to serving in the federal government, he practiced in the white-collar criminal defense group of Skadden, Arps, Slate, Meagher & Flom in New York City where he defended public and private companies and senior executives in state and federal grand jury investigations and in inquiries by the Securities & Exchange Commission and the National Association of Securities Dealers. While at Skadden, he also defended corporations and individuals in several high-stakes civil lawsuits in state and federal courts. Upon returning to private practice in 2004, he personally was appointed by Cleveland Mayor Jane L. Campbell to conduct an independent internal investigation into allegations of corruption within the Cleveland Police Department. The investigation was twice featured on the front page of the Cleveland Plain Dealer. Among other things, his investigation ??? which vindicated the rights of rank and file police officers to receive overtime pay in an environment free of corrupt overtime practices ??? resulted in several criminal prosecutions, the resignation of the Cleveland chief of police and the creation of a series of antifraud reforms within the Cleveland Police Department. Mr. Leiken serves as an adjunct professor at Case Western Reserve University School of Law where he teaches ???White Collar Crime: Prosecution and Defense??? and where he formerly taught ???Counterterrorism Law and Policy.??? He also serves on the Criminal Law Advisory Board of Cleveland-Marshall College of Law and taught ???Legal Responses to Terrorism??? as an adjunct professor in the fall of 2007. He served as Assistant U.S. Attorney of Southern District of New York (Criminal Division), U.S. Department of Justice from 2001 to 2004 and Law Clerk to Judge Sam H. Bell, U.S. District Court, Northern District of Ohio from 1997 to 1998. He has spoken on criminal law issues at Duke University, Case Western Reserve University and in the Cleveland Metropolitan Bar Association's Securities Law and White Collar Crime Institutes. His writing has appeared in the American Criminal Law Review (???On the Brink of a Brave New World: The Death of Privilege in Corporate Criminal Investigations,??? 44 Am. Crim. L. Rev. 53 (2000) (contributing author)), the Case Western Reserve Journal of International Law (???Leaving Wonderland: Distinguishing Terrorism from Other Types of Crime,??? 36 Case W. Res. L. J. Int'l L. 501 (2005)), and the Cleveland Bar Journal (???Avoiding Trouble Overseas: Understanding the Foreign Corrupt Practices Act??? (2007) and ???United States v. Stein: Redrawing the Battle Lines in Corporate Criminal Investigations??? (2006)). In 2008, Mr. Leiken was named to the inaugural board of trustees of the Cleveland Municipal Bar Association, a new 6,000 member organization unifying Cleveland's two historic bar associations: the 135-year-old Cleveland Metropolitan Bar Association and the 80-year-old Cuyahoga County Bar Association. He is the immediate past chair of the Criminal Law Section of the Cleveland Metropolitan Bar Association. While chair of the Criminal Law Section in 2006/2007, he creat