Experience

Securities Fraud & Insider Trading

  • Defended a former executive of a NYSE-listed global automobile manufacturer in a securities fraud investigation conducted by the U.S. Securities & Exchange Commission (SEC) in Washington, D.C. concerning sales reporting practices, and in related civil litigation. No charges filed.
  • Defended the former CEO of a NYSE-listed public company in a federal securities fraud class action and shareholder derivative litigation arising out of the alleged largest data breach in U.S. history. In re Equifax Inc. Securities Litigation, No. 1:17-CV-03463-TWT (N.D. Ga.); In re Equifax Inc. Derivative Litigation, No. 1:18-CV-317-TWT (N.D. Ga.). Settled on terms favorable to client.
  • Represented a multimedia company in parallel investigations conducted by the Fraud Section of the U.S. Department of Justice (DOJ) in Washington, D.C. and the Los Angeles Regional Office of the U.S. Securities & Exchange Commission (SEC) into a high-profile social media company IPO.
  • Represented a foreign technology company in a FINRA insider trading inquiry relating to an aborted U.S. public company merger and acquisition transaction. No action taken against client.
  • Led an internal investigation on behalf of a special committee of the Board of Directors of a NYSE-listed public company into allegations of misconduct by the CEO.
  • Defended the former president of a NYSE-listed public company in federal shareholder derivative litigation alleging improper business practices and insider trading. Case dismissed, and dismissal affirmed on appeal. Conroy et al. v. Amos et al., No. 338 F. Supp.3d 1309 (M.D. Ga. 2018), aff’d, No. 18-13834, 2019 WL 4200435 (11th Cir. Sept. 5, 2019).
  • As a federal prosecutor, led the investigation and prosecution of a $7 million insider trading conspiracy involving public company insiders, equity research analysts, and hedge fund tippees, which included one of the first criminal insider trading jury trials in Georgia history. United States v. Martin, No. 1:12-CR-364-RWS (N.D. Ga.); United States v. Posey, No. 1:13-CR-239-RWS (N.D. Ga.); United States v. Megalli, No. 1:13-CR-442-RWS (N.D. Ga.).
  • As a federal prosecutor, led the investigation and prosecution of two top public company executives for securities and accounting fraud crimes in connection with a multi-year financial restatement. United States v. Elles et al., No. 1:11-CR-445-AT (N.D. Ga.).

Financial Crimes & Corporate Fraud

  • Defending a company president in a financial fraud investigation being conducted by the U.S. Attorney’s Office for the Northern District of Georgia and the FBI, and in related state and federal regulatory proceedings.
  • Defending a Texas small business owner against a federal mail and wire fraud indictment in the Northern District of Georgia involving an alleged $4 million false invoicing scheme. United States v. Thompson et al., No. 1:19-CR-378-ELR (N.D. Ga.).
  • As a federal prosecutor, led the investigation and prosecution of the managing partner and CFO of a 900-attorney law firm for a $20 million attorney trust account embezzlement and related crimes, believed to be one of the largest attorney trust account thefts in U.S. history. United States v. Hardwick et al., No. 1:16-CR-65-ELR (N.D. Ga.).
  • As a federal prosecutor, served as co-counsel for the investigation and prosecution of the president, chief loan officer, and general counsel of an FDIC-insured financial institution for bank fraud and related crimes in connection with a $300 million bank failure. United States v. Conner et al., No. 1:11-CR-121-SCJ (N.D. Ga.).

Internal Investigations

  • Led an internal investigation on behalf of a special committee of the Board of Directors of a NYSE-listed public company into allegations of misconduct by the CEO.
  • Led an internal investigation on behalf of management of a NYSE-listed public company into potential public corruption issues relating to a real estate development project.
  • Led an internal investigation on behalf of a manufacturing company into potential criminal immigration violations and defended the company in a criminal investigation by the U.S. Attorney’s Office for the Northern District of Georgia and the U.S. Department of Homeland Security/ICE. Successfully negotiated a Non-Prosecution Agreement (NPA) allowing the company to avoid any criminal or civil charges.
  • Led an internal investigation on behalf of management of a California cable television network into sexual harassment/hostile workplace allegations.
  • Led an internal investigation on behalf of the Board of Directors of the Atlanta chapter of a national nonprofit organization into an embezzlement by a former officer.

Bribery & Political Corruption Crimes

  • Defended Hazens Real Estate Group in FBI “Operation Casino Loyale,” a bribery investigation conducted by the U.S. Attorney’s Office for the Central District of California into corruption in Los Angeles City government. Successfully negotiated a Non-Prosecution Agreement (NPA) allowing the company to avoid any criminal charges.
  • Led an internal investigation on behalf of management of a NYSE-listed public company into potential public corruption issues relating to a real estate development project.
  • As a federal prosecutor, served as co-counsel for the successful corruption trial of the CEO, regional vice president, and division manager of a 2,000-employee janitorial services company for bribing a DeKalb County, Georgia government employee, in one of the country’s first federal corruption trials following the Supreme Court’s landmark decision in McDonnell v. United States, 136 S. Ct. 2355 (2016). United States v. Lepore et al., No. 1:15-CR-367-WSD (N.D. Ga.).
  • As a federal prosecutor, served as co-counsel for the successful corruption trial of a DeKalb County, Georgia police lieutenant on bribery and conspiracy charges. United States v. Durrett, No. 1:10-CR-134-WSD (N.D. Ga.).

Cybercrimes — The Computer Fraud & Abuse Act

  • Defending a technology company executive in a Computer Fraud and Abuse Act (CFAA) hacking investigation being conducted by the U.S. Attorney’s Office for the Northern District of Georgia and the FBI.
  • As a federal prosecutor, led the investigation into a multimillion dollar business e-mail compromise (BEC) scam targeting U.S. businesses.
  • As a federal prosecutor, led the Atlanta portion of the LulzSec/Anonymous computer hacking investigation, then one of the largest multi-district cyber investigations in U.S. history, involving intrusions and distributed denial-of-service (DDoS) attacks on Fox, PBS, Sony, the FBI, the U.S. Senate, and other entities. United States v. Monsegur et al., No. 1:11-CR-379 (N.D. Ga.).

Healthcare Fraud

  • Defended a former healthcare IT company executive in a False Claims Act (FCA) investigation relating to electronic health records (EHR) software sales conducted by the U.S. Attorney’s Office for the District of Vermont, the Fraud Section of the U.S. Department of Justice (DOJ), and the FBI. No charges filed.
  • As a federal prosecutor, co-led the investigation and prosecution of pharmacy insiders and their co-conspirators—including a successful jury trial—for a healthcare fraud conspiracy involving forged prescriptions for expensive chemotherapy drugs submitted to national pharmacy chains. United States v. Scott et al., No. 1:08-CR-495-CAP (N.D. Ga.).
  • As a federal prosecutor, served as co-counsel for the resolution of obstruction and healthcare fraud charges against a radiologist for fraudulent billing practices, following a remand from the U.S. Court of Appeals. United States v. Reddy, No. 1:09-CR-483-ODE (N.D. Ga.).

Tax Fraud

  • Defended a small business in a tax fraud investigation conducted by the Tax Division of the U.S. Department of Justice (DOJ) and IRS-CI relating to captive insurance. No charges filed.
  • Defended an investment manager in a U.S. Senate Finance Committee investigation into syndicated conservation easement tax deduction transactions and in related IRS investigations. Committee report issued in August 2020 without publicly naming our clients.
  • As a federal prosecutor, led the investigation and prosecution of a former UBS AG client for willful failure to report foreign bank accounts (FBAR) and income earned in the virtual world, “Second Life.” United States v. Kaminsky, No. 1:14-CR-382-WBH (N.D. Ga.).
  • As a federal prosecutor, led the investigation and prosecution of the CEO of an income tax return preparation firm and his employees for a scheme to defraud the IRS. After a successful jury trial, briefed issues of first impression in the U.S. Court of Appeals for the Eleventh Circuit regarding U.S. Virgin Islands taxation rules. United States v. Roberts et al., No. 1:10-CR-138-ODE (N.D. Ga.); United States v. Roberts, 464 F. App’x 796 (11th Cir. 2012).
  • As a federal prosecutor, led the investigation and prosecution of an income tax return preparer for a $7 million refund fraud scheme. United States v. Dixon, No. 1:13-CR-402-TCB (N.D. Ga.).

Congressional Investigations

  • Defended an investment manager in a U.S. Senate Finance Committee investigation into syndicated conservation easement tax deduction transactions and in related IRS investigations. Committee report issued in August 2020 without publicly naming our clients.

Federal Criminal Appeals

  • Briefed and argued numerous appeals in the U.S. Court of Appeals for the Eleventh Circuit, both as a prosecutor and as a defense attorney.

Federal Criminal Immigration Fraud

  • Defended a small business owner against an indictment in the Northern District of Georgia alleging false statements in his U.S. immigration paperwork. Case resolved with a below-Guidelines sentence and a small fine. United States v. Diakite, No. 1:17-CR-10-WSD (N.D. Ga.).
  • Defended a husband and father against an indictment in the Eastern District of Tennessee alleging false statements in his U.S. immigration paperwork. Case resolved with no-jail sentence and self-deportation. United States v. Patel, No. 1:17-CR-100-HSM (E.D. Tenn.).
  • Led an internal investigation on behalf of a manufacturing company into potential criminal immigration violations and defended the company in a criminal investigation by the U.S. Attorney’s Office for the Northern District of Georgia and the U.S. Department of Homeland Security/ICE. Successfully negotiated a Non-Prosecution Agreement (NPA) allowing the company to avoid any criminal or civil charges.