Prior results do not guarantee a similar outcome. Past results are not indicative of future results and should not be taken as a prediction, promise, or guarantee of any future result or outcome.

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SEC Whistleblower Actions

  • Helped client to report securities, accounting, financial statement, and books and records frauds at a Fortune Top 20 public company to the Securities and Exchange Commission.
  • Helped employee of Forbes Global 2000 public company to report corporate, securities, and accounting frauds to the Securities and Exchange Commission.
  • Helped employee of a deal sponsor to report securities frauds and violations by a leading crowdfunding portal, ranked in the top 5 in its sector by several publications, to the Securities and Exchange Commission.
  • Helped employee of publicly traded private equity firm with tens of billions in assets under management to report corporate fraud, books and records fraud, and fraud on public shareholders to the Securities and Exchange Commission.
  • Helped employee of Fortune Top 500 public company to report corporate, accounting, books and records, IPO, and stock offering frauds to the Securities and Exchange Commission.
  • Helped employee of Fortune Top 500 public company to report corporate, books and records, IPO, and stock offering frauds to the Securities and Exchange Commission.
  • Helped employee of Fortune Top 50 public company to report securities and accounting frauds to the Securities and Exchange Commission.
  • Represented the SEC whistleblower in the SEC’s successful action against Fortune Top 100 public company. Client won one of the first SEC whistleblower awards ever granted by the SEC. Successfully convinced the Securities and Exchange Commission to grant client an SEC whistleblower award over an initial recommendation by its staff to deny any award.  This was the first time in the history of the SEC Whistleblower Program that the Commission overruled an adverse Preliminary Determination by its Claims Review Staff.  (See official SEC Award here.)  This victory was named as one of the “Five milestones in the Dodd-Frank whistleblower reward program” by Inside Counsel Magazine. For related articles click here (NY Times) and here (Boston Business Journal).
  • Helped a corporate financial officer to report potential accounting and securities frauds to the Securities and Exchange Commission.
  • Helped a former officer and member of the board of directors to report a securities fraud to the Securities and Exchange Commission.

Accounting/Auditing Investigations

  • Foreign national alleged to have assisted in creating in excess of $120 million of false accounting invoices as part of alleged $450 million financial statement fraud, in parallel proceedings by the United States Attorney’s Office, the Securities and Exchange Commission, and the District Attorney’s Office.
  • Several officers of the United States subsidiaries of Royal Ahold / US Foodservice in connection with investigations by the United States Attorney’s Office, the Securities and Exchange Commission, and an internal corporate investigation, into an alleged multimillion-dollar accounting overstatement. One client resolved the SEC action on consent without admitting or denying any allegations, a suspension, and the SEC waived collection of disgorgement, fines, and penalties. No other clients named in any action by the SEC. No clients named in any action by the U.S. Attorney’s Office.
  • Senior officer of an Internet advertising company in a $50 million alleged revenue overstatement investigation by the United States Attorney’s Office for the Central District of California. Client acquitted by jury after trial.
  • President of a hospital in a Securities and Exchange Commission investigation concerning an alleged $35+ million accounting overstatement. Client not named in any governmental or civil actions.
  • CFO of a holding company in investigations by the United States Attorney’s Office, the Securities and Exchange Commission, and civil damages actions arising from the demise of a $2.5 billion Convertible Bond Fund. Client not named in any governmental or civil actions.

Money Laundering Investigations

  • New York Stock Exchange Member firm in connection with the first anti-money laundering procedures case ever brought under the Bank Secrecy Act and the United States Patriot Act by the NYSE and FinCen against a Wall Street firm. Matter resolved on consent.
  • Columbian owners of a business with operations in the United States and Columbia in an action in which the U.S. Drug Enforcement Agency seized property located in the United States. No actions were brought against the clients, and all of their property was returned.

Mutual Fund Investigations (After-Hours Trading and Market Timing)

  • Senior executives of a billion-dollar mutual fund family in connection with joint investigations by the New York Attorney General and the Securities and Exchange Commission. Clients not named in any governmental or civil actions.
  • Several hedge funds and broker-dealers in separate investigations brought by the Securities and Exchange Commission, the United States Attorney’s Office, and the Commodities Futures Trading Commission. No clients named in any governmental or civil actions.

NYSE Floor Specialists Investigations

  • Senior floor broker for leading floor specialist firm in a multimillion-dollar alleged interpositioning case. Client not named in any governmental action.
  • Floor specialist firm in connection with a New York Stock Exchange investigation.

Political Investigations

  • Former United States Senator in connection with the New York Attorney General’s investigation into activities at the New York Pension Fund.  Client not named in any governmental action.  See “Alan Hevesi Carried a Torch for Robert Torricelli,” The Village Voice, April 22, 2009.
  • Unidentified executive quoted in the original criminal information brought by the United States Attorney’s Office (S.D.N.Y.) against former New York Assemblyman Anthony Seminario. Client was not named in the subsequent indictment and was not named in any governmental action.

Stock Options Backdating Investigations

  • Conducted an internal investigation into historical options grants and options dating practices of a public company on behalf of the company’s audit committee. The company had been listed by The Wall Street Journal as one likely to have backdated options. Company not named in any governmental or civil actions.

Other White-Collar Matters and Parallel Proceedings

  • After the submission of opening trial cases, obtained the Securities and Exchange Commission’s dismissal of all fraud charges against client, a New York-licensed attorney. See 1:10-cv-745-PKC (S.D.N.Y.). Also represented client in connection with a parallel criminal investigation by the United States Attorney’s Office (Texas). Client was not named in any action by the US Attorney’s Office.
  • Obtained lowest sentence and largest downward sentencing departure of any defendant for a client who co-owned a foreign broker-dealer in a case involving multi-national stock manipulation, stock fraud, money laundering, and other allegations.  Client was sentenced to only 18 months, while other defendants received as much as 20 years in prison.  See 1:12-cr-20049-RWG (S.D. Florida).  Also represented client in parallel investigation by the Securities and Exchange Commission (Washington, D.C. office).
  • Real estate company and its owners in connection with an investigation by the United States Attorney’s Office (Arizona), the Department of the Interior, and the Bureau of Indian Affairs into a government development project.
  • Two officers of a foreign company in connection with a criminal investigation by the Anti-Trust Division of the United States Department of Justice.
  • Company president in connection with an investigation by the United States Attorney’s Office into a hedge fund collapse resulting in millions of dollars of alleged losses to public pension funds; represented the same executive in connection with a parallel investigation by the Securities and Exchange Commission (Philadelphia office). Client not named in any governmental or civil actions.
  • Private investor/consultant in a Securities and Exchange Commission lawsuit in the United States District Court for the Southern District of New York against a public company accused of securities fraud, market manipulation and other securities law violations, and in a related investigation by the United States Attorney’s Office for the Southern District of New York. See SEC v. Universal Express, Inc., et al., 04 CIV 02322 (S.D.N.Y.).
  • Hedge fund consultant accused of receiving confidential electronic information concerning rate structures.
  • Transfer agency and its president in connection with an investigation by the United States Attorney’s Office (Seattle, Washington) and unrelated investigations by the Securities and Exchange Commission (San Francisco, Los Angeles, and Washington, D.C. offices). Clients not named in any governmental or civil actions.
  • Firm engaged in the buying and selling of public shell companies and its president in connection with an investigation by the United States Attorney’s Office (Virginia), and unrelated inquiries by the Securities and Exchange Commission (Los Angeles and Washington, D.C. offices). Clients not named in any governmental or civil actions.
  • Former general counsel for a company in an investigation by the United States Attorney’s Office for the Southern District of New York. Client not named in any governmental or civil actions.
  • Brokerage firm and its owner in connection with an investigation by the United States Attorney’s Office for the Southern District of New York into sales of interests in oil wells. Clients not named in any governmental or civil actions.
  • Broker in a criminal enterprise prosecution by the Manhattan District Attorney’s Office.
  • Several domestic and foreign clients in joint SEC – Department of Justice investigations in various locations throughout the United States.
  • Numerous individuals, including corporate officers, directors and executives, and investment bankers, brokers, financial consultants, registered representatives, floor specialists, and others, in regulatory and white collar matters at the self-regulatory, state, and federal levels, as well as in civil matters and arbitrations.

Other SEC and FINRA (formerly NYSE and NASD) Matters

  • Medical/pharmaceutical company and its officers in connection with an investigation by the Securities and Exchange Commission (Florida office) into alleged activities in the United States, Europe and the Caribbean.
  • Two licensed attorneys and a computer technology company in connection with an investigation by the Securities and Exchange Commission (Washington, D.C. office) into SpongeTech Delivery Systems.
  • Broker-dealer firm and its chief executive officer in an investigation by the Securities and Exchange Commission (New York office).
  • Private investment company and its owner in connection with an investigation by the Securities and Exchange Commission (Washington, D.C. office), and an inquiry by the Depository Trust & Clearing Corporation. No actions brought against client.
  • New York Stock Exchange Member firm in connection with a municipal securities investigation. Matter resolved on consent without admitting or denying allegations.
  • New York Stock Exchange Member firm in the first disciplinary action ever brought by FINRA. Matter settled following two weeks of hearings.
  • New York Stock Exchange Member firm in connection with disciplinary actions brought by the NASD’s Department of Market Regulation. Matters resolved on consent without admitting or denying allegations.
  • Real estate investment fund and one of its co-owners in an investigation by the Securities and Exchange Commission (Denver office). No action brought against clients.
  • Private investors in separate bank conversion investigations by the United States Attorney’s Office and the Securities and Exchange Commission. No clients named in any governmental or civil actions.
  • Secured voluntary dismissal of a Securities and Exchange Commission fraud action against an attorney in the United States District Court for the Eastern District of New York.
  • Brokerage firm and its owners in a disciplinary action alleging various securities violations brought by the NASD’s Department of Market Regulation.
  • Brokerage firm and its owners in a disciplinary action for Rule 8210 violations (failure to testify and produce documents) brought by the NASD’s Department of Market Regulation.
  • Officer of an insurance company in connection with an investigation by FINRA.
  • Transfer agency in connection with an audit by the Securities and Exchange Commission (Los Angeles office).
  • Private investor in a Securities and Exchange Commission lawsuit in the United States District Court for the Southern District of Florida, and in a related criminal proceeding in the U.S. District Court for the Eastern District of New York.

Civil Matters: Plaintiff

  • Foreign investment company in a $12+ million arbitration against one of the top five Wall Street firms and two of its registered representatives concerning mutual fund and other securities transactions. See AICO International, E.C. v. Merrill, Lynch, Pierce, Fenner & Smith, Incorporated, Fawaz R. Halazon, and Bruno Daher (NASD-DR Arbitration No. 02-01320).
  • Venture capital firm whose managing members included, among others, a partner at Soros Private Equity Partners LLC and the former President and CEO of the Salt Lake Olympic Committee, in a shareholders’ derivative action in the Supreme Court of the State of New York against numerous individual and corporate defendants including Societe Generale. See Alpine Consolidated III, LLC v. Steven M. Friedman, Brian D. Young, Samuel B. Levine, Elan A. Schultz, Lawrence A. Neubauer, SGC Partners II, SG Capital Partners LLC, Societe Generale, EOS Partners SBIC, L.P., EOS Partners, L.P. and Expo Investment II, LLC & Expo Investment, LLC., Index No. 602612/02 (N.Y. Sup. Ct., N.Y. Co.).
  • Former leading technology analyst in a $10+ million NYSE arbitration against his former employer, a bulge bracket investment bank. See Bob Lam v. The Bear Stearns Companies, Inc. and Bear Stearns & Co. Inc. (NYSE Docket # 2003-012117).
  • Foreign commercial leaseholder in dispute regarding a failed domestic real estate project.
  • Medical practice and medical facility in a lawsuit against a hospital, a competing medical facility, and two former employee doctors.
  • Served as local counsel to two international high-end clothing companies in a trade dress infringement case in the United States District Court for the Southern District of New York. See Louis Vuitton Malletier and Marc Jacobs International, L.L.C. v. The Wet Seal, Inc., 04 Civ. 07754 (S.D.N.Y.).

Civil Matters: Defense

  • New York Stock Exchange Member firm in the arbitration of a claim for several hundred million dollars in alleged damages stemming from auction-rate securities.
  • New York Stock Exchange Member firm in the arbitration of a claim for approximately $15 million in alleged damages stemming from auction-rate securities.
  • New York Stock Exchange floor specialist firm in a class action lawsuit in the United States District Court for the Southern District of New York.
  • New York Stock Exchange Member firm in a $5+ million arbitration. The arbitration panel rendered an award in favor of client after full hearing on the merits, award was confirmed by the New York Supreme Court, obtained dismissal of claimant’s appeal from that award on motion without a hearing. See Donald G. Drapkin v. Oppenheimer & Co., Inc., et al. (NASD-DR Arbitration No. 03-07283).
  • New York Stock Exchange Member firm in a $1+ million arbitration.
  • Broker in a lawsuit in the United States District Court for the Southern District of New York alleging prime bank fraud. Jury rendered a complete defense verdict at trial.
  • Private investor in a lawsuit filed in the New York Supreme Court alleging securities fraud and breach of contract. After filing the client’s opening brief on a motion to dismiss the case, the plaintiff voluntarily dismissed its lawsuit against the client. See Laser and Skin Surgery Center of New York v. Rafferty, Schwartz, Lucre International Securities LLC, MSS Service Corp., and UNBSVC, Inc., Index No. 603724/03 (N.Y. Sup. Ct., N.Y. Co.).
  • Brokerage firm and its owners in multiple arbitrations brought by former business partners over the termination of business relationships and the sale of the brokerage firm.
  • Finacial advisor in an NASD arbitration. Obtained dismissal of the arbitration without liability for any portion of settlement fee, and with expungement of the client’s CRD. See Adams, et al., v. Citigroup Global Markets, Inc., et al., Civil Case No. 04 CV 09520 (S.D.N.Y.).
  • Financial advisor in an NASD arbitration. Obtained dismissal of the arbitration without liability or any payment of a settlement fee, and with expungement of the client’s CRD. See Finkel & Finkel v. Mayer and W.J. Nolan & Co. (NASD-DR Arbitration No. 05-06623).

Consulting Engagements

  • Foreign bank concerning potential application of United States criminal, money laundering, and securities laws to transaction under consideration.
  • Executives of a major Wall Street investment firm, in connection with the sale of their former business to the firm and in connection with renegotiations over their ongoing annual compensation.
  • One of the leading accounting firms serving the Broadway theatre community, in connection with certain business affairs. Also represented the founding partners of the firm in an arbitration alleging breach of contract against their former firm. See Fried and Kowgios v. Lutz & Carr, et al. (AAA Arbitration No. 13 180 01788 05).
  • President and CEO of an entertainment company that co-sponsored an annual film festival in New York City bearing the company’s name, related to a business dispute with some of its former corporate business partners.
  • Internet start-up company and its founders, in connection with employment-related issues concerning their former employer, and in connection with forming their company.
  • Internet marketing company, in connection with general business advice.
  • Private investment company and its owner, in connection with statements made on an Internet blog site.
  • Former co-owner of a real estate investment fund, in connection with a dispute regarding a former partner.

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