White Collar Defense, Investigations & Compliance Counseling

  • Representing a number of financial industry professionals, as well as a financial services firm, in multiple insider trading investigations, including defending charges brought in federal court by the SEC and the U.S. Attorney’s Office.
  • Representing a penny stock newsletter and company executive in response to a SEC subpoena for documents and testimony.
  • Representing a Canadian executive charged by the SEC in federal court with securities fraud and selling unregistered securities.
  • Representing a major equity market participant in responding to a New York Attorney General’s Office subpoena related to high frequency trading issues.
  • Representing a start-up technology firm in an SEC investigation into the company’s funding sources.
  • Represent senior trader and co-desk head for brokerage firm in connection with CFTC investigation of benchmark manipulation.
  • Representing a senior energy trader in an ongoing FERC investigation.
  • Advising global advisory/corporate relations firm on anti-bribery policies and procedures.
  • Representing a financial services firm and individuals in ongoing Department of Justice inquiries into mortgage-backed securities transactions.

Looking Forward

In 2019, the Department of Justice (“DOJ”) heightened its focus on some lesser known statutes when targeting alleged criminal conduct. We expect the trend to continue. This trend began with the DOJ’s use of the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”), and in particular its onerous ten year statute of limitations provision. DOJ has dusted off the Foreign Agents Registration Act of 1938 (“FARA”), which requires any person acting as an agent of a foreign principal in certain covered activities to register as an agent, unless covered by an exemption. In 2016, Congress passed the Defend Trade Secrets Act (“DTSA”), creating a federal cause of action for the misappropriation of trade secrets. In 2019, DOJ used the statute to prosecute the alleged theft of self-driving automobile technology. Expect to see further investigations and prosecutions involving creative deployment of underutilized statutes which may assist the federal government in pursuing specific initiatives or responding to political winds.