Investment Advisor – Department of Justice and SEC Investigations
Representing an SEC registered investment advisor to several private equity funds with over $1.0 billion in assets under management, in connection with investigations of alleged securities law violations by the DOJ, the SEC and state securities regulators.
Stock Promoter – Department of Justice and SEC Investigations
Representing a stock promoter in wide-ranging investigations by the Department of Justice and the SEC of securities fraud in the promotion and potential manipulation of the stocks of various start-up companies.
Ex-President of Guatemala – Department of Justice Criminal Prosecution
Herrick represented former Guatemalan President Alfonso Portillo in defense of a federal money laundering conspiracy charge and other charges following his extradition to the United States. President Portillo pled guilty to a reduced charge and other charges 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 credit 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 (DOJ), 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 criminal charges against the cycling team and the riders, and enter into favorable settlements with USADA.
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. In the criminal case, our client recently received a sentence of Probation.
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. 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.
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
Represented 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.
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.