W. Anders Folk
Shareholder
150 South Fifth Street
Suite 2300
Minneapolis, MN 55402
Practice Areas
Anders Folk focuses his practice on complex business and commercial litigation, securities litigation and white collar criminal defense. He has tried dozens of cases to verdict as a federal prosecutor and a Marine Corps judge advocate.
Prior to joining Leonard, Street and Deinard, Anders was an assistant United States attorney in the District of Minnesota. During his time at the United States Attorney's office, Anders tried 15 jury trials to verdict, briefed and argued numerous cases before the Eighth Circuit Court of Appeals and led complex, long-term grand jury investigations. Covering a wide range of matters, his cases included bank fraud, wire fraud, mail fraud, money laundering, forged securities, immigration fraud, obstruction of justice, narcotics conspiracies, providing material support to foreign terrorist organizations and violent crime.
Also in his role as a federal prosecutor, Anders conducted extensive work internationally, often involving foreign governments, while conducting prosecutions and investigations in national security-related matters. In 2008 he was one of five national recipients, and the only assistant United States attorney, awarded the Federal Bar Association's Younger Federal Attorney award. In 2010 Minnesota Lawyer honored Anders with the Attorney of the Year award.
Prior to his work as an assistant United States attorney, Anders was a commissioned officer in the United States Marine Corps. He served as a judge advocate at Camp Pendleton, where he prosecuted and defended Marines and sailors in Marine Corps courts-martial and separation hearings. Anders litigated 16 jury trials to verdict at Camp Pendleton and, in 2004, was awarded Defense Counsel of the Year as the top Marine judge advocate in the Western Region of the United States.
Anders is a frequent lecturer on matters related to national security law, counter-terrorism, and prosecutions and investigations of national security-related matters. He also speaks every summer to the American Legion Minnesota Boys' State convention. In his free time, Anders serves as the chair of the board of the International Education Center, a nonprofit organization in Minneapolis, which exists to provide first generation immigrants, refugees and their families with skills to become independent and productive members of the Twin Cities community.
Professional and Civic Activities
- Minnesota State Bar Association
- Hennepin County Bar Association
- American Legion
- International Education Center
Experience
Representative Samples of Trial and Appellate Cases at U.S. Attorney’s office
- United States v. Anthony Alan Taylor, Case No. 07-1582, published at 519 F.3d 832 (8th Cir. 2008). Briefed and argued issues related to warrantless searches under the Fourth Amendment, outrageous government conduct and the preservation or waiver of issues in conditional guilty pleas. The district court’s rulings for the government were affirmed.
- United States v. Calvin James, Case No. 07-2411, published at 534 F.3d 868 (8th Cir. 2008). After trying the case to conviction in front of a jury (trial judge was the Honorable Ann D. Montgomery), briefed and argued issues related to abandonment of Fourth Amendment expectation of privacy, warrantless arrest and search, sufficiency of evidence, good faith under Leon and identification testimony at trial by defendant’s father and wife, among others. Defendant’s conviction was affirmed.
- United States v. Peng Thao, Case No. 07-2697, unpublished at 2008 WL 2404719. After trying the case to conviction in front of a jury (trial judge was the Honorable James M. Rosenbaum), briefed and argued issues regarding sufficiency of evidence in a case where conviction was based on circumstantial evidence showing constructive possession of large amounts of methamphetamine, currency and narcotics packaging materials. Defendant’s conviction was affirmed.
- United States v. James Brock Williams, Case No. 07-3251, published at 534 F.3d 980 (8th Cir. 2008). After trying the case to conviction in front of a jury (trial judge was the Honorable James M. Rosenbaum), briefed and argued issues related to warrantless search and seizure, sufficiency of evidence, constitutionality of mandatory life sentence and use of 404(b) evidence during jury trial. Defendant’s conviction and sentence were affirmed.
- United States v. Bismarck Guillen-Esquivel, Case No. 07-3089, published at 534 F.3d 817 (8th Cir. 2008). Argued a government appeal regarding a district court’s application of sentencing guidelines. Specifically addressed a post-Gall application of 18 U.S.C. § 1028A(a)(3) and 18 U.S.C. § 3553(a). Successfully reversed the district court’s ruling and had the case remanded for resentencing.
- United States v. Cameron Lewis et al., Case Nos. 08-1006, 08-1085, published at 557 F.3d 601 (8th Cir. 2009). After trying the case to conviction in front of a jury (trial judge was the Honorable Joann N. Erickson), co-wrote a brief which addressed issues of severance, sufficiency of evidence and sentencing factors in an $80 million fraud case that occurred across the United States. Both defendants’ convictions and sentences were affirmed.
- United States v. Mohamed Kamal Elzahabi, Case No. 08-1755, published at 557 F.3d 879 (8th Cir. 2009). After trying the case to conviction in front of a jury (trial judge was the Honorable John R. Tunheim), co-wrote a brief addressing arguments to suppress the defendant’s statements made to law enforcement based on alleged violations of Miranda after a 17-day interview of defendant. Additionally, briefed issues of a circuit split on the interpretation of marriage fraud under 18 U.S.C. § 1546(a). The defendant’s conviction was affirmed.
- United States v. Johnnie Joe Longs, Case No. 09-2781, published at 613 F.3d 1174, 2010 WL 2977333 (8th Cir. 2010). After trying the case to conviction in front of a jury (trial judge was the Honorable John R. Tunheim), briefed appeal (no oral argument made in this case) regarding issue related to variance between facts alleged in the indictment and the evidence offered at trial. The defendant’s conviction was affirmed.
- United States v. Beale et al., Case Nos. 09-1552, 09-1556, 09-1558, published at 620 F.3d 856 (8th Cir. 2010). After trying the three-defendant case to conviction in front of a jury (trial judge was the Honorable Rodney Webb), briefed and argued appeal regarding issues related to a First Amendment defense at trial, sufficiency of evidence under first prosecution in Minnesota for violation of 18 U.S.C. § 372, Sixth Amendment right to confrontation, reasonableness of the sentence and jury instructions. The defendants’ convictions and sentences were affirmed.
Publications
Admissions
Education
- J.D., University of Minnesota Law School
- B.A., summa cum laude, University of Minnesota
Phi Beta Kappa
Admissions
- State of Minnesota
- U.S. District Court for the District of Minnesota
- U.S. Court of Appeals for the Armed Forces
- U.S. Court of Appeals for the Eighth Circuit