White Collar Defense, Investigations & Compliance Counseling
Financial Services Litigation & Regulation
Strategic Discovery & Information Management
- 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.
The Trump Administration’s Department of Justice continues to enhance incentives for companies to conduct internal investigations and self-report wrongdoing to law enforcement. In recent months, it has trumpeted its FCPA Corporate Enforcement Policy, promising that if a company voluntarily self-discloses misconduct in a timely manner, fully cooperates, and engages in timely and appropriate remediation, there will be a presumption that DOJ will decline to prosecute. More recently, DOJ has suggested that it will treat the FCPA Corporate Enforcement Policy as “nonbinding guidance” in corporate criminal cases outside the FCPA context. The takeaway is that companies should seriously consider, as good corporate citizens, conducting robust internal investigations when needed and, if criminal conduct is uncovered, promptly self-reporting the findings to DOJ. Handled appropriately, such affirmative corporate conduct will be applauded and should result in obtaining a full and fair case closure, instead of an expensive and damaging criminal prosecution.