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Steven D. Feldman: news
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Media Mention

New Law Encourages Whistleblowers
July 28, 2010 -- Hedge Fund Alert
Steven Feldman notes that the financial overhault legislation known as the Dodd-Frank Wall Street Reform and Consumer Protection Act contains a provision that authorizes the SEC to pay an aggregate of $300 million to whistleblowers with insiders' knowledge of fraud. He says, however, that the legislation places some constraints on prospective whistleblowers, requiring them to retain counsel before approaching the SEC, for instance, in an attempt to eliminate false claims of wrongdoing.
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When cash makes commercial deals tricky: Insiders say an uninvited green guest sometimes appears in real estate deals
June 1, 2010 -- The Real Deal
Steven Feldman discusses cash as a possible instrument of criminality in commercial real estate deals. He notes that the origin of the cash, its use to avoid a recipient's income tax liability, and its use to minimize the value of a transaction -- and therefore taxes on that transaction -- are all possible layers.
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Reports of criminal probe send Goldman Sachs stock plunging
May 1, 2010 -- Los Angeles Times
Steven Feldman casts doubt on the likelihood of the DOJ's bringing a criminal action -- no less a successful criminal action -- against Goldman Sachs, saying the SEC probably shared with the DOJ information throughout the civil investigation. The DOJ would probably be farther along in its work than it appears to be, if this were likely to be treated as a criminal matter, he says.
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Judge Jed Rakoff taps into nation's outrage over economic crisis
April 10, 2010 -- Los Angeles Times
Steven Feldman recalls that federal Judge Jed Rakoff of the Southern District of New York lectured him when Steven was an assistant U.S. attorney, in this profile of the judge.Steven used that as an emblem of how the judge is a stickler for stellar performances by attorneys who appear before him.
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Ex-official David Loglisci's guilty plea advances N.Y. state pension probe
March 11, 2010 -- Washington Post
Cooperating witnesses are valuable to prosecutors trying to build cases, but they can be attacked on issues of reliability, Steven Feldman says. Feldman, a former federal prosecutor, made his remarks in this story about how New York State's chief investment officer's guilty plea and willingness to cooperate might affect Steven Rattner and his private equity firm Quadrangle.
Media Mention

Best Practices for a Hedge Fund Manager General Counsel or Chief Compliance Officer that Suspects or Discovers Insider Trading by Manager Employees or Principals
December 3, 2009 -- The Hedge Fund Law Report
Steven Feldman outlines what hedge funds and their managers ought to do -- and avoid doing -- when they suspect that employees or traders are using non-public information to make profitable trades.
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How Strong Is The Evidence in the Galleon Insider-Trading Case?
October 21, 2009 -- Wall Street Journal Law Blog
Insider trading cases against defendants who lacked direct contact with primary cooperators tend to be weaker than those against those who spoke or met directly with the cooperators, Steven Feldman says in an item related to the Galleon insider-trading case. In addition, he notes, prosecutors often fail to mention publicly conversations that would tend to be exculpatory.
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In Fraud Case, a Deal That Lost Millions
October 21, 2009 -- New York Times
The Galleon Group's losses on trades engineered by Raj Rajaratnam and others -- allegedly on insider information -- may lessen the defendants' sentences if they plead guilty or are convicted, Steven Feldman says. Feldman, a former federal prosecutor in the same Department of Justice Bureau that is prosecuting the Galleon case, notes that the government tends to ask for stiffer sentences in cases where the defendants generated large profits.
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Feldman Calls Rajaratnam Case a `Moving Investigation'
October 20, 2009 -- Bloomberg Television
Steven Feldman analyzes the government's and defense's strategies and tactics in insider trading cases, and discusses the climate for such prosecutions.
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Fox Business Live
September 2, 2009 -- Fox Business Channel
Steven Feldman tells a live network audience that the SEC Inspector General's report about the commission's actions and inactions in the Madoff fraud was a deservedly blistering review.
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Feds Cracking Down Too Hard on Fraudsters?
July 13, 2009 -- CNBC's The Call of the Wild
Steven Feldman tells a CNBC live audience that federal prosecutors are doing themselves -- and the criminal justice system -- a disservice by requesting such harsh, largely symbolic sentences for white collar criminals who turn themselves in, plead guilty, and, in some cases, assist the government in locating hidden assets.
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CPAs and Lawyers: Kindred Spirits?
July 9, 2009 -- NYSSCPA.ORG E-ZINE
Rick Morris is quoted -- and Steve Feldman and Gary Eisenberg mentioned -- in this story about how CPAs and attorneys face similar professional challenges and pressures, how their clients' needs and opportunities are similar, and how a recent meeting that offered CLE credit to attorneys and CPE credit to accountants covered that landscape.
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Bernard Madoff to hear sentence
June 29, 2009 -- Los Angeles Times
Steven Feldman analyzes what factors might sway the judge in determining the sentence for Bernard Madoff.
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What 150 Years Means
June 29, 2009 -- Fox Business Channel
Steven Feldman, in a live segment shortly after Bernard Madoff was sentenced, analyzes why the sentence may deter other white collar criminal defendants from surrendering and cooperating with authorities.
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More financial fraud cases seen after US overhaul
June 17, 2009 -- Reuters
The proposed U.S. financial regulatory overhaul, which gives added power to the SEC and other regulators and which broadens definitions of misconduct by those in the financial services sector, will probably lead to more investigations and prosecutions, Steven Feldman says. The increased scrutiny and changed definitions of what constitutes violations will affect the criminal and civil litigation landscapes, he says.
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'Sorry' is not enough, Madoff's victims say
March 13, 2009 -- Los Angeles Times
Steven Feldman questions whether Bernard Madoff hid significant assets outside the country. Had he done so, Steven reasons, he would have retired to a foreign jurisdiction that has no extradition treaty with the United States, rather than to Florida.
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When will bad bankers go to jail?
March 12, 2009 -- MSN Money
Steven Feldman says that federal prosecutors -- particularly in the Southern District of New York, where he was an Assistant United States Attorney working on securities and commodoties fraud cases -- are busy investigating cases and bringing charges. He made his comments in a column that notes that securities fraud and banking prosecutions tend to take time and are likely on the way.
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Madoff's Massive Fraud
March 12, 2009 -- CNBC's Power Lunch
Steven Feldman discusses bail issues, possible further targets of investigations, the tactics and strategies of prosecutors and defense counsel, and tracing the sources of relatives' assets as Bernard Madoff pleads guilty to criminal charges.
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Madoff's Guilty Plea to All Eleven Counts
March 12, 2009 -- CNBC's Power Lunch
On the day Bernard Madoff pleads guilty to a variety of criminal offenses, Steven Feldman discusses Madoff's likely sentence and his possible quality of life in jail and prison.
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Madoff's Guilty Plea and Jail Time
March 12, 2009 -- CNBC's Power Lunch
Steven Feldman analyzes the SEC's role and missteps in the Madoff fraud.
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Lewis on Banking Recovery
March 12, 2009 -- CNBC's Power Lunch
Steven Feldman opines that the SEC dropped the ball in investigating Bernard Madoff and notes that our firm has commenced an action against the commission on behalf of a client who was a Madoff victim. Fast forward to 6:25 to see Feldman's analysis.
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Madoff to plead guilty, his lawyer says
March 11, 2009 -- Los Angeles Times
As Bernard Madoff contemplates pleading guilty, Steven Feldman analyzes the likelihood that the judge will continue Madoff's bail pending sentencing.
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Prosecutors indicate Bernard Madoff plea deal may be in works
March 7, 2009 -- Los Angeles Times
Amid speculation that Bernard Madoff was going to plead guilty to charges stemming from his fraud, Steven Feldman analyzes the process and the tactics employed by prosecutors and defense counsel.
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Court papers detail Nicholas Cosmo's life, businesses
January 28, 2009 -- Newsday
This story notes that Arthur Jakoby and Steven Feldman represent Nicholas Cosmo, who was charged with running a Ponzi scheme on Long Island.
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NY Investment Exec Charged In $370M Ponzi Scheme
January 28, 2009 -- Securities Law 360
This story about the arrest of Nicholas Cosmo for allegedly running a Ponzi scheme on Long Island notes that Arthur Jakoby and Steven Feldman represent Cosmo and arranged for his voluntary surrender to authorities.
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Cosmo Surrenders, Faces Mail-Fraud Charge in Alleged Scheme
January 27, 2009 -- Bloomberg News
This wire story, which was picked up in numerous publications nationally, notes that Arthur Jakoby and Steven Feldman represent Nicholas Cosmo, who was charged with running a Ponzi scheme on Long Island. The Herrick attorneys arranged for Cosmo's voluntary surrender to authorities.
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Madoff Leaves NYC Apartment
January 14, 2009 -- CNBC's Power Lunch
In a lengthy live segment, Steven Feldman analyzes why federal law indicates that Bernard Madoff should remain free on bail, despite the severity of the crime with which he is charged.
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Court refuses to jail Madoff for alleged bail violation
January 13, 2009 -- Los Angeles Times
Steven Feldman argues that bail is not designed to punish defendants, but only to ensure their appearance in court and that they do not pose a threat to the community, in this article about the bail-or-jail debate in the Madoff case.
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Madoff Saga Continues
January 12, 2009 -- CNBC Reports
In a live broadcast, Steven Feldman debates a plaintiff-side securities lawyer -- and the anchor -- over whether Bernard Madoff's bail should be revoked. Feldman points out that bail is not meant to punish defendants, only to ensure that they appear in court and cannot harm the public.
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Lawyer says Madoff cooperating with U.S. probes
January 6, 2009 -- Reuters
Steven Feldman tells Reuters that the government's attempt to revoke Bernard Madoff's bail may be a sign that his cooperation in the investigation of his alleged fraud may be waning, but that bail should be continued unless the government can show that he's a flight risk or danger to the community.
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Madoff: Bail or Jail?
December 18, 2008 -- CNBC's Power Lunch
Steven Feldman argues that despite public outcry, Bernard Madoff was properly granted bail because he is neither a flight risk nor a danger to the community. Feldman notes that laws regarding bail proscribe using it as punishment and require judges to use the least restrictive means possible to ensure defendants' appearance in court.
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Madoff Comes Out of Hiding
December 17, 2008 -- CNBC Reports
Steven Feldman argues that bail was appropriate for securities fraud defendant Bernard Madoff because he is neither a flight risk nor a danger to the community.
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Virtual Worlds: It's a Legal Jungle in There
November 26, 2008 -- E-Commerce Times
Steven Feldman notes that virtual worlds such as Second Life could be breeding grounds for securities fraud, with people using avatars to spread insider information or perpetrate pump-and-dump schemes. He analyzes how defense attorneys are likely to neutralize prosecutions of fraud.
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Garcia Takes Spitzer Off Hook; SDNY Will Not Seek Charges
November 6, 2008 -- WSJ.com -- The Wall Street Journal Online
Steven Feldman is quoted on the likely reasons that the U.S.Attorney for the Southern District publicly cleared Elliot Spitzer of criminal wrongdoing, announcing that he would not charge the former governor under the Mann Act. Steven notes that an average citizen would not be publicly cleared but that the U.S. Attorney, a Bush appointee, apparently wanted to tie up loose ends before both leave office in January.
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Herrick Nabs U.S. Prosecutor For White-Collar Group
August 18, 2008 -- Securities Law 360
This story notes Steve Feldman's arrival as a white collar partner at Herrick, as well as his significant background in criminal and civil litigation.
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The James Sentence Shows Shift in Judiciary
July 31, 2008 -- The Star-Ledger
Steven Feldman is quoted in this article on sentencing issues and the judiciary as they relate to Newark's former mayor, Sharpe James.
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UBS Shakeup, DOJ Probe Sinks Stock
July 1, 2008 -- CNBC Power Lunch
Steve Feldman discusses the UBS money laundering and tax evasion investigation.
Press Release

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Herrick is significantly strengthening its White Collar Defense Practice with the arrival of partner Steven D. Feldman
July 2008 -- Herrick, Feinstein LLP
Steven will play a lead role in building this growing practice area. Prior to joining Herrick, Steven spent more than six years as an Assistant United States Attorney for the Southern District of New York, where he served in the Securities and Commodities Fraud Task Force, as well as in the General Crimes Unit and the Narcotics Unit.