Steven Feldman is the lead partner in Herrick's White Collar Defense practice. He represents companies and individuals accused of business crimes, public corruption, securities law violations and fraudulent practices by the U.S. Attorney's Office, State Attorney General, District Attorney and Securities and Exchange Commission. He works with companies to conduct internal investigations and represents individual executives in corporate internal investigations. In criminal and regulatory matters, Steven represents broker-dealers, stock brokers, hedge funds, investment advisors and corporate executives. In some of his most important victories, Steven has convinced criminal authorities not to prosecute his clients for alleged wrongdoing. When prosecutions go forward, Steven is an experienced federal court trial attorney prevailing in numerous jury trials.
Experienced as both a defense attorney and a prosecutor, Steven has expertise in public corruption prosecutions, business crime matters, art and cultural object related crimes, health care fraud cases, and cases arising under the federal securities laws. Prior to joining Herrick, Steven spent more than six years as an Assistant U.S. Attorney for the Southern District of New York in Manhattan. During his last four years as a federal criminal prosecutor, Steven served on the Securities and Commodities Fraud Task Force.
- Insider Trading: Extensive experience defending individuals charged with insider trading by the U.S. Attorney's Office and the Securities and Exchange Commission.
- Public Corruption: Successfully represented a senior business executive charged with paying bribes to a state senator, resulting in the executive's complete exoneration; also experienced representing witnesses in federal and state criminal investigations and prosecutions involving allegations of payments to politicians.
- Hedge Fund Fraud: Experience in criminal matters involving hedge funds. As a defense attorney, Steven represented clients in a prosecution resulting from major hedge fund collapses and a client in a pay-to-play investigation. At the U.S. Attorney's office, Steven prosecuted the operator/manager of domestic and off-shore hedge funds who acquired large, undisclosed positions in publicly traded companies and made significant misrepresentations that resulted in approximately $88 million in losses to investors. Steven's experience provides Herrick's clients with a clear advantage in all types of hedge fund investigations.
- Stock Broker Misconduct: Expertise in prosecutions of financial industry professionals, including cases involving allegations of broker bribery and misappropriation. Federal trial experience involving a supervisory level stock broker charged with securities fraud for stealing clients' investment funds. When clients are faced with charges of broker misconduct, they turn to Steven for his in-depth knowledge of how these investigations and prosecutions are conducted.
Steven also handles complex sentencing, forfeiture and restitution proceedings. He has briefed and successfully argued numerous appeals before the Second Circuit.
Steven graduated magna cum laude from Georgetown University Law Center, where he was an editor of the law review and was selected to the Order of the Coif. After graduation, he clerked for then-Chief Judge Thomas P. Griesa of the U.S. District Court for the Southern District of New York. Following his clerkship, he spent three years at a boutique litigation firm, which he left in December of 2001 to join the U.S. Attorney's Office. He joined Herrick in June 2008.
Recent Matters of Note:
Ongoing
Criminal Prosecution - Health Care Anti-Kickback Allegations
Representation of a doctor charged by the U.S. Attorney's Office for the District of New Jersey with violating the federal Medicare/Medicaid anti-kickback statute for allegedly receiving referral fees for sending patients to a particular MRI/CT Scan service provider.
2012
Two Week Federal Trial - Trademark Infringement
Represented Ultra Enterprises, Inc. in a federal law suit against the largest independent electronic dance music ("EDM") record label in a trademark infringement and breach of contract action in the U.S. District Court for the Southern District of New York. Ultra Enterprises, Inc. is the owner of the trademark for the Ultra Music Festival, the award-winning Miami electronic dance music festival; the UMF Ibiza music festival; the UMF Brazil music festival; and other UMF events. After cross-examining the defendant's CEO and expert witness and delivering the closing arguments in a two week jury trial, the parties settled on very favorable business terms to our client that allow our client to use its protected marks world-wide, and creates an opportunity for the parties involved in the case to move forward and work together on future business endeavors.
2009-2012
Criminal Investigation - Accounting Practices
Representation of a subject in an investigation conducted by the Manhattan District Attorney's office and the U.S. Attorney's office for the Eastern District of New York concerning accounting practices at a construction company. Resulted in no charges against our client.
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