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white collar defense: news
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Media Mention

Despite Spotlight, Next DOJ Chief May Face Diminished Role
January 29, 2013 -- Law360
In an article discussing the planned departure of Lanny Breuer from the Department of Justice Criminal Division and the potential role of his successor, Herrick, Feinstein partner and head of the White Collar Defense Group Steven Feldman is quoted about the limited influence the new chief will have on setting priorities for regional U.S. attorney’s offices. “A new guy or gal will definitely try to set priorities,” Mr. Feldman said, “but I’m not sure I agree with the premise that they’ll have much control.”
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NY State: Standard Chartered Hid Transactions
August 6, 2012 -- CNBC's Closing Bell
In a live network appearance, Steven Feldman, lead partner in Herrick's White Collar Litigation & Defense practice, weighs in on the legal implications of accusations leveled by New York State regulators that British banking giant Standard Chartered Bank hid at least $250 billion in illegal transactions with Iran.
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Galleon prosecutor aims to cement legacy in U.S. Gupta trial
May 18, 2012 -- Thompson Reuters News & Insight
David Rosenfield is quoted in an article about U.S. federal prosecutor, Reed Brodsky, and the trial against Goldman Sachs Group director Rajat Gupta.
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Lie To The Feds And Face Jail Time
May 3, 2012 -- Law 360
The article, “Lie To The Feds And Face Jail Time,” by Steven D. Feldman and David M. Rosenfield was featured on Law 360.
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A New Resource from the ABA White Collar Crime Committee
March 6, 2012 -- Corporate Counsel
This article notes that the White Collar Crime Committee of the ABA’s Business Law Section, which David Rosenfield chairs, has begun publishing a thrice-yearly newsletter that will cover the latest trends in how white collar crime affects businesses.
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Former Prosecutor Rosenfield on Insider Trading Arrests
January 18, 2012 -- Public Broadcasting System's Nightly Business Report
In a live interview on the evening's lead story, David Rosenfield discusses the filing of criminal insider trading charges by the Department of Justice against a number of people who had managed now-defunct hedge funds, and the SEC’s civil charges against the fund managers and two of the now-defunct funds. David notes that the charges were brought a year after a number of FBI raids, and he opines that the Department of Justice and SEC are looking to bring additional insider trading cases.
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Corruption Case Against Developer Is to End
November 23, 2011 -- The New York Times
Scott Mollen is quoted and Steven Feldman mentioned in this story, which describes how they helped convince the U.S. Attorney's Office to drop charges against our client, the developer Aaron Malinsky, who had been indicted on corruption charges as part of the case against State Senator Carl Kruger. If Malinsky avoids legal trouble for six months, the charges will be dismissed with prejudice.
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Rajaratnam's Insider Trading Sentence
October 13, 2011 -- Public Broadcasting System's Nightly Business Report
David Rosenfield says the sentence of 11 years in prison that convicted insider trading defendant Raj Rajaratnam received is likely to deter other Wall Street traders who are contemplating violating securities laws. This segment notes that the sentence was a record for an insider trading case, but significantly less than what the prosecution had requested. To see David's segment, fast forward to the 5:23 mark.
Media Mention

Stock scam ensnares attorneys
August 29, 2011 -- The National Law Journal
Arthur Jakoby's representation of a former attorney who pleaded guilty to a charge of obstruction of justice, in a larger securities case in that involved manipulation of stock prices, is noted here. The article also notes that Arthur is co-chair of the firm's securities and commodities litigation and regulatory practice group.
Accolade

Chairman of the White Collar Crime Committee
August 2011 -- ABA's Business Law Section
David Rosenfield started his three-year term as Chairman of the White Collar Crime Committee of the American Bar Association's Business Law Section.
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Bad Boy of Wall Street
June 30, 2011 -- CNBC's Kudlow and Company
Steven Feldman tells a network audience that it is generally risky for criminal defendants to speak publicly about the charges against them, lest they say something that could hurt them at trial. He acknowledges, however, that defendants have multiple interests and agendas, including earning an income, which could explain why a defendant in a securities fraud case is pitching his life story -- centered on the criminal case -- as a reality television show of which he would be the star.
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Recent Trillion-Dollar Filings Suggest Weakness In SEC System
June 16, 2011 -- Wall Street Journal.com
Corporate partner Stephen Fox, who represents public companies in SEC filings issues, and litigation partner Steven Feldman, who handles white collar criminal and securities matters, are quoted in this article, which describes how a Texas man filed apparently false documents with the SEC that purported to indicate that he held trillions of dollars worth of stock shares. In some cases, the filings -- if true and accurate -- would have meant that he held more shares than the issuing company had issued. Stephen Fox describes public company filings, and Steven Feldman describes possible civil and criminal liability. A different version -- also quoting both Herrick attorneys -- ran on the Dow Jones Newswire.
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Rajaratnam verdict may mean more Wall St. crackdowns: Much will depend on the outcome of similar cases working their way through the courts
May 11, 2011 -- MSNBC.com
Shortly after a federal jury convicted trader Raj Rajaratnam on all 14 counts of insider trading, Steven Feldman says traders and funds are taking seriously the government crackdown on insider trading. Based on a number of search warrants that have been executed in matters that have not yet resulted in charges, Steve predicts that more criminal insider trading charges lie ahead for Wall Street.
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Rajaratnam convicted on all counts
May 11, 2011 -- CNBC
Minutes after a federal jury convicted trader Raj Rajaratnam on all 14 insider trading-related counts, Steven Feldman appears live on this extended segment. Steve discusses the government's growing interest in insider trading prosecutions, funds' reactions, and the effect of the guilty verdict on Wall Street. To see Steve's portions of this segment, go to the 4:50, 8:28, 12:08, 16:15, and 23:30 marks.
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Galleon's Rajaratnam convicted on all counts
May 11, 2011 -- CNBC
David Rosenfield tells a live network audience that the government scored a huge win in getting convictions on all 14 counts related to Raj Rajaratnam's trading activities. David says that based on the convictions, he envisions more insider trading cases, more use of wiretaps in financial investigations and an empowered and energized Department of Justice. He adds that traders should avoid talking to employees of companies -- making their trading decisions on information already in the public domain -- or, at the very least, to use extreme caution when having those discussions and acting on information gleaned. To see David's portions of this segment, go to the 0:35 and 6:45 marks.
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What Rajaratnam's conviction means to Wall Street
May 11, 2011 -- Public Broadcasting System's Nightly Business Report
Steven Feldman tells a live nationwide audience that the conviction of Galleon manager Raj Rajaratnam is a huge win for the Department of Justice, and that traders are already modifying their behavior as a result of the fervor with which the government pursued Rajaratnam. This story led the broadcast; to skip to Steve's portion, go to the 2:44 mark.
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If Mortgage Fraud Was Rampant, Why Aren't Criminal Charges?
May 6, 2011 -- Fox Business.com
David Feuerstein says the Department of Justice filed a civil action -- but not criminal charges -- against Deutsche Bank in connection with the residential mortgage meltdown as a result of the higher burden of proof in criminal cases, the government's failure to convict Bear Stearns executives in an earlier criminal case, and Deutsche's possible defenses. Those defenses, David says, could include the possibility that mortgage brokers and borrowers provided the bank with false information.
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Justice Department Sues Deutsche Bank AG (NYSE: DB) for 'Reckless Lending'
May 5, 2011 -- Money Morning
Analyzing the federal government's civil suit against Deutsche Bank, which alleges it defrauded the FHA by making FHA-backed residential mortgage loans to people who were not eligible, David Feuerstein suggests the government would have filed criminal charges if it were more confident in its case. He notes that the statute under which the suit was filed, the False Claims Act, allows for either criminal or civil litigation, or both.
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Have lying mortgage bankers met their match?
May 4, 2011 -- CNNMoney.com
David Feuerstein casts skepticism on the strength of the government's civil suit against Deustche Bank -- filed as a result of the mortgage meltdown -- and suggests that if the Department of Justice had a stronger case, it might have filed a criminal action.
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The Second Market
April 4, 2011 -- CNBC's Power Lunch
In a live network appearance, Steven Feldman discusses whether an increase in trading in private companies' shares -- such as Facebook, Zynga and Twitter -- has spawned an insider trading problem in the technology world. He notes that federal statutes don't distinguish between public held companies' shares and those of private companies, but he outlines potential defenses that may be available to those charged with insider trading in private shares.
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The Berkshire Bombshell
March 31, 2011 -- CNBC's Power Lunch
Steven Feldman analyzes for a live network audience the possible criminal or civil liability facing David Sokol, the Berkshire Hathaway executive who resigned amid news he bought shares in a company that Berkshire Hathaway later acquired, as well as his possible defenses and corporate governance issues.
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Berkshire Brand Tarnished?
March 31, 2011 -- CNBC's Power Lunch
Steven Feldman analyzes for a live network audience Berkshire Hathaway's corporate governance issues and the possible criminal or civil liability facing David Sokol, the Berkshire executive who resigned amid news he bought shares in a company that his employer later acquired. Steven disusses market manipulation, insider trading, the current climate involving insider trading, as well as possible defenses and the notion that it is far from clear that there was any wrongdoing.
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Raj Rajaratnam Insider Trading Trial
March 23, 2011 -- Public Broadcasting System's Nightly Business Report
Steven Feldman tells a national TV audience that Lloyd Blankfein's testimony for the government and against insider trading defendant Raj Rajaratnam is important because of Blankfein's reputation and that of Goldman Sachs, of which he is CEO. Steve cautions, however, that the defense has not had a chance to present its case, so even though the prosecution appears to have the upper hand two weeks into the trial, the defense will get a chance to poke holes in the government's story and tell its own. To see this segment, go to the 5:36 mark on the linked video.
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Aisle Be Damned! Navy Yard Fires Supermarket Developer
March 21, 2011 -- The Brooklyn Paper
Scott Mollen is quoted, and our representation of Aaron Malinsky in a bribery scandal is noted, in “Aisle Be Damned! Navy Yard Fires Supermarket Developer.” The article discusses how The Brooklyn Navy Yard fired Malinsky as developer of the $60-million ShopRite supermarket at the corner of Flushing Avenue and Navy Street. Mollen explains that there is a difference between making allegations and proving those allegations in court.
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Brooklyn Navy Yard fires development firm linked to bribery scheme
March 11, 2011 -- The Real Deal Online
Scott Mollen says that our client, white collar defendant Aaron Malinsky, is seeking to withdraw from ownership and management of the real estate development company of which he is a principal and founder. He also notes the vast difference between making allegations and proving them.
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Developer at Brooklyn Navy Yard charged in federal bribery case
March 10, 2011 -- The Real Deal Online
Our representation of the real estate developer Aaron Malinsky in a white collar criminal case is noted.
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Insider Trading Trial of Galleon's Raj Rajaratnam Opens
March 8, 2011 -- Public Broadcasting System's Nightly Business Report
Steven Feldman reminds a live network audience that the defense finally gets a chance to be heard in the government's insider trading case against Galleon Group founder Raj Rajaratnam. Through its indictment and public pronouncements, the prosecution has laid out at least an outline of its case, and now the defense team will try to discredit government witnesses who have already plead guilty to crimes, and convince the jury that wiretapped conversations do not reveal criminal conduct.
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Rajaratnam Goes to Trial
March 7, 2011 -- CNBC's Power Lunch
David Rosenfield tells a live network audience that Raj Rajaratnam, an insider trading defendant, faces an uphill fight, but could potentially be acquitted. His roadmap to possible acquittal is his defense team's attacking the credibility and motivations of the cooperators who will testify against him, and the team convincing the jury that wiretapped conversations are snippets taken out of context to bolster an overzealous prosecution's case.
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SEC Loath to Clarify Insider-Trading Rules
February 16, 2011 -- Hedge Fund Alert
Steven Feldman analyzes the largely fruitless attempt by the hedge fund industry's trade group, the Managed Funds Association, to convince the SEC to clarify its view of what constitutes insider trading. Steve says that it remains a gray area because there is no single law that proscribes insider trading, and that the SEC's efforts to codify matters through regulation has lacked enough specific detail to offer clarity.
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How an SEC Crackdown Led to Rise of 'Expert Networks'
December 17, 2010 -- The Wall Street Journal
Steven Feldman analyzes the government's widening of insider trading investigations and prosecutions to include technology executives, midlevel managers and even doctors who are involved in potentially market-moving clinical trials. Steve cautions that investors must be more careful than ever not to run afoul of laws and regulations, but says that in the end, criminal and civil prosecutions will turn on traditional insider trading issues rather than proper research.
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SEC Fixed or Still Broken?
December 10, 2010 -- CNBC's Power Lunch
The SEC was extremely negligent in its handling of the Madoff scheme but has improved markedly since then, David Rosenfield tells a live network audience on the two-year anniversary of Madoff's arrest. David says more and better staff, specialization in the SEC's units, and a new chair and director of enforcement have made the SEC far more effective.
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Insider Case Has Soft-Dollar Focus
November 27, 2010 -- The Wall Street Journal
Steven Feldman says tracking the flow of soft dollars could be an integral part of prosecuting -- or defending -- insider trading cases, their use possibly showing criminal intent if investment firms purposely obscured payments by routing them through their brokers rather than paying directly. Soft dollars are premiums that stock brokerages give their biggest traders, who, in turn, use them to pay for research.
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Wall Street Witch Hunt
November 23, 2010 -- CNBC's Power Lunch
In this live network segment, Jason D'Angelo says the public wants the government to be aggressive in investigating and prosecurting insider trading cases, but he cautions against over-reaching. He says he sees some instances of the government's expanding the definition of insider trading and notes that the whistleblower provisions of Dodd-Frank give the government more resources but believes most of the civil and criminal prosecutions will be based on traditional insider trading methods.
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Insider Trading Probe
November 22, 2010 -- CNBC's Closing Bell
In a live, five-minute network segment, Steven Feldman tells Maria Bartiromo that the government can easily start an insider trading investigation -- and possibly smear hedge funds' reputations in the process -- but it is harder to get a search warrant, slightly harder to indict traders, and far more difficult to secure convictions. He says the government's recent aggressiveness is an indication that it is seeking to make insider trading a point of emphasis and could represent over-reaching.
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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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AG Hits Levy With Fraud Suit at Rector Square
June 9, 2010 -- The Real Deal
Though Herrick isn't mentioned, our client Anglo Irish Bank and their foreclosure on 255 Rector Square is in the article "AG Hits Levy With Fraud Suit at Rector Square."
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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.
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Bank Wins Foreclosure Suit Against Levy at Rector Square
January 21, 2010 -- The Real Deal
Though Herrick is not mentioned, our client Anglo Irish Bank is in the article "Bank Wins Foreclosure suit against Levy at Rector Square" which discusses Anglo's favorable outcome in forclosing on 225 Rector Square.
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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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ANALYSIS - Madoff's Victims Face Uphill Fight Against SEC
September 10, 2009 -- Reuters
Howard Elisofon is quoted in the article “Madoff's Victims Face Uphill Fight Against SEC,” regarding the effect of the SEC Inspector General’s report on our litigation against the SEC on behalf of Madoff victims.
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Madoff Fraud, SEC Report Continue to Raise Questions
September 4, 2009 -- AmLaw Daily
The article “Madoff Fraud, SEC Report Continue to Raise Questions” notes that Howard Elisofon has filed a number of complaints against the SEC on behalf of Madoff victims, and explores whether the SEC Inspector General’s report may bolster those actions.
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Why Didn't the SEC Stop Madoff 17 Years Ago?
September 3, 2009 -- The Today Show
David Rosenfield appears live in a segment entitled “Why Didn't the SEC Stop Madoff 17 Years Ago?” to discuss the SEC Inspector General’s report on the SEC's failure to adequately investigate the Madoff fraud.
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After Its Madoff Report, Can Victims Sue the SEC?
September 3, 2009 -- Time.com
Howard Elisofon is quoted in “After Its Madoff Report, Can Victims Sue the SEC?” regarding the SEC internal-investigation report released on Wednesday stating that the SEC missed opportunities to discover Madoff’s criminal activities.
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Madoff Probe
September 2, 2009 -- WPIX Channel 11
John Oleske appears live in “Madoff Probe” to discuss the SEC’s investigation into Madoff.
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SEC & the Madoff Investigation
September 2, 2009 -- CNBC
David Rosenfield appears live to discuss the SEC Inspector General’s report on the SEC's failure to adequately investigate the Madoff fraud.
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DiPascali Fallout
August 12, 2009 -- CNBC
In light of the guilty plea of Madoff associate Frank DiPascali, David Rosenfield says the scope of the fraud appears wide and deep. Prosecutors are hoping that DiPascali will help them unravel how the fraud was perpetrated and who was involved.
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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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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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Chattanooga: Bensusan Hires New Legal Team for Prebul Battle
April 21, 2009 -- The Chattanooga Times
Bill Fried is quoted in this article about Danny Bensusan’s choice to replace his legal team with Herrick and a firm in Nashville to handle his lawsuit against his brother-in-law.
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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 Hearing Underway
March 12, 2009 -- CNBC's Squawk On The Street
David Rosenfield gives a live overview of the criminal case against Madoff as his plea hearing begins.
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Too Late for Madoff to be Sorry
March 12, 2009 -- CNBC's Squawk On The Street
David Rosenfield opines that Madoff's mea culpa before the federal judge handling his criminal case will not lessen his eventual sentence.
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Madoff Admits to Ponzi Scheme
March 12, 2009 -- CNBC's Squawk Box
David Rosenfield weighs in on Madoff's likely lifetime incarceration and other aspects of the criminal case against him in a live segment from CNBC's set at the New York Stock Exchange.
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Madoff Guilty Plea
March 12, 2009 -- CNBC's Squawk On The Street
As Madoff pleads guilty at the nearby federal courthouse, David Rosenfield gives live analysis of a number of facets of the criminal case against him.
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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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R. Allen Stanford Still Not Charged
February 19, 2009 -- CNBC
In a live appearance, Therese Doherty explains that investors need to do their own due dilligence and not count on the SEC to protect them fully.
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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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Prosecutor: Madoff gifts included diamond necklace
January 6, 2009 -- USA Today
David Rosenfield tells USA Today that bail in federal criminal cases is to prevent defendants from fleeing or causing harm to the community, and that, by those standards, Madoff seems to be a candidate for bail, notwithstanding the public outcry against it.
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Congress Probes SEC
January 5, 2009 -- CNBC Reports
David Rosenfield live, alongside former SEC Chairman Harvey Pitt, analyzes the SEC's failure to uncover the Madoff scheme.
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The Madoff Agenda
December 31, 2008 -- CNBC's Power Lunch
David Rosenfield, in a live appearance during the trading day, analyzes which of Madoff's victims will have access to relief from SIPC, Madoff's likely disclosures to federal authorities about his remaining assets, whether he likely acted alone, and whether an insanity defense might fly.
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Madoff & His Hidden Money
December 30, 2008 -- CNBC Reports
David Rosenfield appears in a live, prime-time segment discussing Herrick, Feinstein's lawsuit against the SEC over its failure to adequately investigate the Madoff Ponzi scheme, what the litigation landscape may look like, and other Madoff-related topics.
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Market's ripe for flimflams, broker scams
December 28, 2008 -- The Star-Ledger
Arthur Jakoby discusses how rogue securities brokers who repeatedly thwart regulators' attempts to reign them in pose a danger to legitimate investors. He notes this phenomenon in an article about a longtime New Jersey swindler and how difficult economic times breed financial misdeeds.
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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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Madoff's Many Victims?
December 16, 2008 -- CNBC Reports
Appearing live, Therese Doherty discusses the SEC's role in investigating alleged frauds such as the one that Bernard Madoff is accused of perpetrating.
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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.
Media Mention

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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.
Media Mention

DOJ Seeks Credit Crisis Roots, Increased Probes Likely
October 14, 2008 -- Compliance Week
David Rosenfield is quoted about possible charges arising from the FBI's criminal investigation into the meltdown of the financial sector. He speculates that Congress may initiate legislation that would be analogous to the Patriot Act or Sarbanes-Oxley.
Media Mention

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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.
Media Mention

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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.
Media Mention

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Opening The Vaults; Is Bank Secrecy Over?
July 2, 2008 -- ABC.com
David Rosenfield is quoted regarding the possibility that tax evasion is merely the tip of the iceberg in the case involving secret foreign bank accounts held by US citizens.
Media Mention

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Ruined by 401(k) Predators
July 2, 2008 -- Business Week
Howard Elisofon is quoted regarding allegations that financial advisers took advantage of retirees and damaged their retirement savings.
Media Mention

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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.
Media Mention

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Amnesty: If You Can’t Be First, At Least Be Second
January 7, 2008 -- Ethisphere.com
David Rosenfield is quoted in an article on why some companies choose not to self-report violations to gain amnesty from criminal prosecution in antitrust cases.
Media Mention

KPMG Charges May Be Dismissed
June 28, 2007 -- The Journal News
Arthur Jakoby is quoted regarding the possibility that former KPMG executives will have their federal tax-related charges dismissed.