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

The DOJ under Attorney General Jeff Sessions has prioritized prosecuting violent crime and enforcing immigration laws. Yet it continues to press pending and new investigations in fraud, public corruption, Foreign Corrupt Practices Act, False Claims Act, securities fraud, insider trading, health care, and cybercrime cases. Key policies and practices include: increased use of declinations if companies selfreport, cooperate, remediate, and inform on culpable individuals; use of disgorgement; high priority on individual accountability for corporate misconduct; increased law enforcement coordination with foreign states that could lead to piling on of redundant charges in different jurisdictions or complex apportionment of penalties, as in four recent industry investigations – CAPACITORS, LIBOR, FOREX, and VW; quickened pace of old and new investigations to avoid “lingering” costs and distractions within companies; growth in “deconfliction” demands by DOJ that may impair companies’ ability to complete internal investigations; and continued use of monitors as part of DPA and NPA case resolutions with more litigation likely over the court’s power and publication of reports.