Former President of Guatemala – Department of Justice Criminal Action

Herrick represented former Guatemalan President Alfonso Portillo in defense of a federal money laundering conspiracy charge following his extradition to the United States. President Portillo pled guilty to a reduced charge following successful negotiations with the U.S. Attorney's Office, Southern District of New York. Herrick then successfully argued to the U.S. Bureau of Prisons that it apply time already served by President Portillo - including time served in Guatemala while awaiting extradition - to his sentence, greatly reducing the period of incarceration ultimately served.

Former Teammates of Lance Armstrong – Department of Justice and USADA Investigation

Herrick represented a professional cycling team, and three of its cyclists, in a criminal investigation by the U.S. Department of Justice, and a related investigation by the United States Anti-Doping Agency (USADA), concerning the use of performance enhancing drugs by the riders' former teammate Lance Armstrong. Leveraging our clients' early cooperation in the investigation, we were able to avoid any charges against the cycling team and enter into very favorable settlements with USADA for our individual clients.

Securities Trader – Federal Criminal and SEC Civil Insider Trading Charges

Representing a securities trader in a Department of Justice criminal action and a related SEC civil action where our client is charged with participating in an insider trading scheme in which the securities of public companies were sold short in advance of secondary offerings, allegedly based upon material, non-public information.

Former MF Global Officers – Regulatory Investigations and Civil Actions

Represented former MF Global officers in investigations conducted by the Department of Justice, the CFTC and the SEC as well as civil and class action lawsuits filed in the wake of the bankruptcy and collapse of the company. Among our many successes, Herrick secured the dismissal of the CEO who preceded Jon Corzine from the securities class action, and the dismissal of five officers and employees from the commodity class action.

Pharmacy Owner – DOJ and HHS Investigations

Representing the former owner of a large pharmacy as a key witness in investigations by the U.S. Department of Justice and the U.S. Department of Health and Human Services into an alleged scheme involving kickbacks paid to doctors in return for prescription referrals.

$141 Million Rogue Trader Insurance Coverage Dispute

Represented an FCM in ongoing litigation with insurers over their refusal to honor claims arising from $141 million in losses caused by a rogue employee’s unlawful and unauthorized trades. Achievements in the matter included a ruling by the Special Referee, upheld by the court, which required the consortium of insurers to turn over hundreds of pages of documents they had sought to shield under the attorney/client privilege.

Condominium Board of Managers – Construction Defect Litigation

Representing the board of a Manhattan residential condominium tower in pursuing breach of contract claims against the condominium’s sponsor and building manager in connection with substantial material construction defects which will cost millions of dollars to repair.   

Branch Manager – Tax Evasion Investigation

Represented a branch manager of a national bank in a tax evasion and structuring investigation by the U.S. Department of Justice and the IRS involving several large accounts at the branch and transactions suspected of having been structured to evade currency transaction reporting requirements. 

Futures Commission Merchant – Fraud Claims

Represented a Futures Commission Merchant ("FCM") in defending claims filed in federal court alleging that a former employee of the FCM assisted the employees of a bank to overvalue the bank's over-the-counter natural gas options book. Damages in excess of $500 million were sought.

Investment Advisor – Successful Conclusion to Internal Investigation

Conducted an internal investigation for a nationally recognized investment adviser to a series of hedge funds following a whistleblower's complaint concerning SEC compliance and operational issues. Upon submission of a report of our investigation, which determined that the whistleblower's allegations had no merit, the SEC never brought charges.

Hedge Fund – SEC Investigation

Successful defense of a prominent hedge fund in connection with an SEC investigation of alleged misrepresentations and the alleged failure to disclose material facts to investors. We prepared a Wells Submission which resulted in decision by the SEC to drop the investigation.

NYC Attorney – Joint US Attorney and SEC Investigations into Alleged Misappropriation of Funds and Market Manipulation

Represented a prominent former New York City attorney in a joint federal criminal investigation, conducted by the U.S. Attorney's Office, District of Columbia and the SEC, into alleged misappropriation of funds of a large foreign public company and market manipulation of the securities of several small U.S. public companies. Herrick was able to resolve the federal criminal charges against our client through a guilty plea to a single count of obstruction of justice, resulting in a far lower sentencing guidelines range than would have resulted had the client pled to multiple securities fraud charges, as the Department of Justice was initially contemplating. The client was sentenced to two years of probation, later reduced to one year. Notwithstanding the criminal charges involving the sale of securities, the SEC did not bring charges.

Private Equity Firm – Settlement with SEC – Alleged Violations of Broker-Dealer Registration Requirements

Herrick represented a prominent real estate private equity firm in a precedent-setting and favorable settlement with the Securities and Exchange Commission related to the use of a finder in raising capital and the application of broker-dealer registration requirements.

Canadian Investor – SEC Insider Trading Action Settled with No Admission of Wrongdoing

Herrick represented a Canadian investor in an SEC insider trading lawsuit filed in the Southern District of New York alleging that our client received stock tips from a business associate with access to insider information on upcoming mergers and acquisitions. After intensive negotiations involving individuals from the top echelon of the SEC's Division of Enforcement in Washington, we were able to reach a settlement resolving the charges against our client without any admissions of wrongdoing. No criminal charges were ever brought.

Sports and Entertainment Company – SEC Administrative Proceeding

Represented the former chairman of the board of directors of a start-up sports and entertainment company, and a company consultant, in an SEC administrative proceeding alleging violations of the anti-fraud, control person, broker registration and securities registration provisions of the federal securities laws.

Public Company – SEC Investigation in Connection with IPO

Represented a publically traded computer software company in an SEC investigation into the company’s assets and the funds used to purchase shares in the company’s initial public offering.

Brokerage Firm President – SEC Action

Representation of the former president and owner of a brokerage firm in post-trial proceedings following an SEC lawsuit involving the alleged employment of a barred person.

Investment Advisor – SEC Investigation

Representation of an investment advisor in an SEC investigation of the "cherrypicking" of trades.

Witness – SEC Action Charging Kickbacks and Overvaluing of Assets

Herrick represented a key witness in an SEC lawsuit charging kickbacks, failures to disclose and overvaluing of assets involving the owners of a registered investment adviser which claimed to have had over $130 million in assets under management. The investigation resulted in no charges against our client.

International Art Gallery-Internal Investigation

Conducted an internal investigation on behalf of an internationally recognized art gallery concerning the authenticity of certain paintings bought and sold by the gallery.

Medical Device Company Executive – Grand Jury and Regulatory Investigations

Representation of a medical device company's former Vice President of Sales in parallel federal grand jury and Health and Human Services Department investigations of alleged pay-offs to doctors.

New Jersey Doctor – Health Care Anti-Kickback Prosecution

Representation of a doctor charged by the U.S. Attorney's Office for the District of New Jersey with violating the federal Medicare/Medicaid anti-kickback statute for allegedly receiving improper referral fees for sending patients to a particular MRI/CT Scan service provider.

Real Estate Company – Grand Jury Investigation

Representation of a prominent real estate development company in a federal grand jury investigation of political campaign contributions.

Credit Services Company – New York Attorney General Investigation

Represented credit services company in connection with investigation by the New York State Attorney General's Office, Consumer Frauds Bureau

Food Products Company – FDA Investigation

Represented a national food products company in an FDA investigation of food safety issues.

Manufacturing Company Executive – Grand Jury Investigation

Represented a manufacturing company executive who was the target of a federal grand jury investigation into alleged violations of the Arms Export Control Act. Convinced the government not to charge the client.

Former Bank Directors – Favorable Resolution of FDIC Investigation

Herrick negotiated a favorable settlement on behalf of three directors of a failed New York City community bank, resolving claims by the FDIC that the directors had failed to exercise due care in their oversight of the bank's loan portfolio.

Brokerage Firm – FINRA Customer Trading/Anti-Money Laundering Examination

Herrick represented a brokerage firm in a Financial Industry Regulatory Authority examination of customer trades in foreign bonds and the firm's anti-money laundering procedures. The investigation resulted in no charges against our client.