National Exchange Department Head – SEC Investigation
Securities Broker – Forgery Investigation
Trader – FINRA Investigation
Commercial Bank – All Claims Dismissed in Check Fraud Litigation
Representation of the U.S. arm of an international bank in the successful defense of claims arising out of a massive check-kiting scheme by employees of an insurance company depositor. When the insurance company failed, a court-appointed receiver sought to hold the bank liable for over $250 million in losses resulting from the insurance company’s failure. The District Court dismissed the claims after discovery, and the Second Circuit affirmed the dismissal.
Corporate Director – Dismissal of Securities Class Action Complaint
The former CEO of a publicly owned telecommunications company in two securities fraud class actions stemming from the company's bankruptcy in the wake of the dot-com bubble burst. The first complaint alleged fraud in connection with disclosures about the company's credit facility. The plaintiffs then filed a second class action alleging that our client engaged in accounting improprieties and caused the company to issue false financial statements. The court granted our motion to dismiss the second complaint on the grounds that plaintiffs were on inquiry notice of a potential fraud long before they asserted their claims, and dismissed the action as barred by the statute of limitations. We were able to obtain a settlement of the entire matter on terms that were very favorable to our client.
Investment Banker – FINRA Proceeding
Representation of a former employee of a major investment bank in a FINRA regulatory proceeding on charges that he misappropriated funds from his employer by improperly submitting personal expenses as business-related expenses.
Private Company – Political Misuse Investigation
Securities Trader/Broker-Dealer – Investigations
The principal of a securities trader/broker-dealer in connection with investigations by the New York State Attorney General and the SEC into mutual fund trading practices including market timing and late trading.
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.
Medical Device Company Executive – Grand Jury and Regulatory Investigations
International Investigation – Market Manipulation
Representation of a foreign citizen in connection with an indictment by the U.S. Attorney’s Office and an SEC investigation alleging market manipulation of multiple OTC securities in the U.S. markets via the internet.
Private Company Officers – SEC Investigation
Former CEO – SEC Investigation
The former CEO of a major fiber optic company in an SEC investigation of accounting irregularities. After a grueling deposition and an in-depth Wells Submission, the SEC determined not to pursue any action against our client.
Hedge Fund Collapse – SEC Investigation
Representation of the chief operating officer of a $1 billion hedge fund in connection with an SEC investigation into the fund's collapse and liquidation.
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.
Witnesses – SEC and Department of Justice Investigation into Alleged Securities Fraud Scheme
Successful representation of two former principals of a dissolved hedge fund in an investigation by the US Attorney’s Office and the SEC into a high-profile "pump-and-dump" scheme involving shares in a Bermuda-based reinsurance company and nearly $20 million in alleged illegal profits. The investigation, which led to the criminal indictment of 7 individuals for securities fraud, resulted in no charges against our clients.
Witness – SEC Investigation into Accounting Irregularities
Represented a regional accounting firm as a witness in an SEC investigation into accounting irregularities at a publicly traded internet consumer products company.
International Diamond Manufacturer – Racketeering and Money Laundering Claims against European Banks
Representing an international manufacturer and distributor of diamonds in connection with global investigations and multijurisdictional cases to recoup the loss of stolen diamond sales proceeds. Herrick was involved in multiple lawsuits worldwide against a range of domestic and foreign insurers and banks, helping to recover in excess of $100 million. We are currently representing the client in a federal lawsuit alleging racketeering activity against two additional European banks related to the theft of $135 million of sales proceeds belonging to the company. The case is proceeding in the Southern District of New York after we prevailed on appeal to the Second Circuit vacating a dismissal on forum non conveniens grounds.
Retail Brokerage Branch Manager – NASD Charges
Successful defense of a branch manager of a national retail brokerage firm. Following a hearing, the hearing panel dismissed all of the NASD's charges, including allegations of supervisory failures. The dismissal was upheld on appeal by the NASD to the NASD's National Adjudicatory Council.
Retail Brokerage – Federal Investigation
Representation of a national retail brokerage firm in a joint U.S. Attorney/SEC investigation of illegal "frontrunning" trading activity.
Pharmaceutical Company – Insider Trading Investigation
Representation of the senior management of a pharmaceutical company in an SEC insider trading investigation of a PIPE offering.
Investment Advisor – SEC Investigation
Representation of an investment advisor in an SEC investigation of the "cherrypicking" of trades.
Financial Services Company – Internal and Grand Jury Investigations
Conducted an internal investigation for a major international financial services corporation concerning allegations that company employees had provided false customer account information to another financial institution. We also represented the company in a related New York state grand jury investigation.
Boards of Directors – Internal and SEC Insider Trading Investigations
Conducted an insider trading investigation on behalf of the boards of directors of two affiliated publicly owned computer software companies, and represented them in a related SEC investigation.
Manufacturing Company Executive – Internal Investigation
Representation of the former Executive Vice President of a large manufacturing company in an internal investigation of alleged materials theft.
Labor Union – Ethical Practices Counsel
Advised the Ethical Practices Counsel of a major international labor union concerning allegations of organized crime influence and corruption.
Stock Brokers – FINRA Investigation
Branch Manager – FINRA Investigation
Representation of the branch manager of a national retail brokerage firm in a FINRA investigation involving the failure to supervise in connection with a major defalcation from a customer account by an administrative employee.
Executive – SEC Investigation
Broker Dealer – SEC Investigation
Representation of a broker dealer in connection with an SEC insider trading investigation.
SEC Matter – Securities Fraud Allegations
Business Executive – Parallel Criminal and Civil Insider Trading Investigations Settled Favorably
Herrick successfully represented a business executive in parallel criminal and civil insider trading investigations conducted by the U.S. Attorney's Office for the Eastern District of New York and the SEC, in connection with allegations that our client and four other defendants used illegal tips to trade in the stock of a company prior to it being taken private in a multibillion dollar deal. Herrick was able to resolve the SEC claims with a favorable settlement which involved no admission of wrongdoing, and obtained no prosecution with the U.S. Attorney's Office.
Credit Services Company – New York Attorney General Investigation
Commodities Trader – Felony Charges over Alleged ‘Wash Trades’
Successfully represented a veteran commodities trader against potential federal felony charges related to alleged “wash trades” executed on behalf of a customer suspected of having ties to Russian organized crime. Obtained a non-prosecution agreement with the U.S. Attorney’s Office for the Eastern District of New York.
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.
Food Products Company – FDA Investigation
Represented a national food products company in an FDA investigation of food safety issues.
Internationally Recognized 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.
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.
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.
DataTreasury and Company Executives – Defense of $185 Million ‘Pay to Prosecute’ Lawsuit
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.
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.
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.
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.
Real Estate Company – Grand Jury Investigation
SEC Matter – Insider Trading
Representation of a defendant charged with insider trading by the Securities Exchange Commission.
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.
NYSE Company – Internal Investigation
Representation of the Audit Committee of a New York Stock Exchange listed company to conduct an internal investigation of whistleblower claims brought by a former officer alleging that certain officers and directors had committed accounting fraud and violated the Sarbanes-Oxley Act.
FINRA Investigation – Falsification of Records
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