White Collar Criminal and Regulatory Defense
We vigorously defend officers, traders, bankers, analysts, portfolio managers, and other professionals in federal and state criminal and regulatory investigations across the United States and in cross-boarder matters.
We have substantial experience representing organizations and individuals in federal and state criminal investigations and prosecutions, as well as civil enforcement investigations conducted by the U.S. Securities Exchange Commission, the U.S. Commodity Futures Trading Commission, the New York Attorney General, and other state attorneys general, as well as self-regulatory organizations including FINRA and the CME.
Our experience on white collar issues is comprehensive, and includes cases involving securities fraud, insider trading, financial statement and accounting fraud, market manipulation, money laundering, and health care fraud, as well as antitrust, FCPA, and export control violations.
Our thorough understanding of markets, financial products, and securities industry practices makes us an asset for our clients in defending investigations where subject-matter knowledge combined with effective advocacy can greatly influence a regulator’s perception of the conduct under investigation.
We have a strong track record of shutting down investigations before charges are filed. And we will take a client’s case to a jury verdict if a negotiated resolution that is fair for the client is not attainable.
The firm “has established an outstanding reputation for white-collar defense.”
—Chambers and Partners
Representative matters:
A founder of BitMEX, a cryptocurrency derivatives exchange, in a Southern District of New York criminal prosecution alleging violations of the Bank Secrecy Act based upon an alleged failure to have BSA-compliant anti-money laundering and know-your-customer policies. This criminal case was resolved with no prison or fine imposed, together with the settlement of a CFTC enforcement action with payment of a monetary penalty.
An executive from a cryptocurrency mining business in a District of New Jersey criminal prosecution alleging wire fraud conspiracy and conspiracy to sell unregistered securities.
A statistical programmer at a pharmaceutical company in a federal insider-trading trial in the Southern District of New York.
Robert Hunter Biden in a Grand Jury investigation regarding tax issues.
The owner of a credit-card processor firm in a Southern District of New York criminal trial alleging conspiracy, mail fraud, and wire fraud.
Cryptocurrency entrepreneur Richard Heart in an SEC enforcement action in the Eastern District of New York, alleging securities fraud and securities-registration violations relating to certain cryptocurrency projects. In a rare early-stage complete victory against the SEC, CSV and its co-counsel obtained a complete dismissal of all claims.
Owners of a private investment firm in an SEC enforcement action asserting claims of unregistered dealer activity, as well as securities fraud relating to alleged “scalping” activity.
Private investment-fund manager Yorkville Advisors and its associated defendants in an SEC enforcement action in the Southern District of New York, alleging that a cherry-picked handful of positions in Yorkville’s portfolio were over-valued in the midst of the 2008-2009 financial crisis. We successfully excluded the SEC’s valuation expert and obtained a favorable summary-judgment ruling, gutting the SEC’s claims and resulting in a complete victory for our clients.
A subprime whole loan trader in a civil FIRREA investigation and civil enforcement action in the Eastern District of New York into the securitization practices of a large investment bank.
The former CFO of a public company in an SEC investigation and enforcement action in the District of Massachusetts concerning the disclosure of certain non-GAAP operating metrics.
Representative matters at other firms:
An RMBS trader in a first-of-its-kind criminal securities fraud case, in which the conviction was later reversed based upon the record CSV founder Patrick Smith built at trial.
Mark Cuban in a three-week federal jury trial, prevailing on all charges. CSV founder Chris Clark had previously represented Mr. Cuban in connection with the allegation that Mr. Cuban committed insider trading. Obtained a first of its kind decision dismissing SEC’s Complaint in its entirety.
