Mike Gass, Christine Savage
Diana Lloyd, Jack Cinquegrana, Melissa Tearney
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Choate’s expertise covers the spectrum of securities fraud cases, including DOJ investigations, SEC investigations and enforcement actions, and private class action and derivative litigation. We have successfully defended many companies and individuals in a variety of cases involving revenue recognition, insider trading, market manipulation, market timing and stock option dating practices. We currently represent companies, special committees and individuals in a number of options dating cases.
Represent public and private companies, officers, directors and individuals in a range of criminal and civil matters related to financial fraud. Regularly conduct internal investigations for companies and their board committees concerning revenue recognition and other complex accounting practices, voluntary disclosures, insider trading and other securities-related issues. Click here for additional information on our government enforcement and compliance capabilities.
Engagements
Below is a partial list of our engagements related to financial fraud.
- Hedge Fund, in an SEC and state attorney general investigation regarding disclosures and losses incurred by the fund.
- Public and Private Company Board Committees, in conducting internal investigations, including:
- an international telecommunications company
- an engineering software company
- a biotechnology company
- a business software testing company
- a software infrastructure company
- an engineering software and life cycle management company concerning revenue recognition in the Pacific Rim
- a Fortune 20 technology company concerning compliance with foreign antitrust laws
- a medical device company concerning potential FCPA violations
- Fortune 100 Insurance Company, in an investigation by the Massachusetts Attorney General’s Office regarding alleged false claims against an environmental clean-up fund.
- National Accounting Firm, in a trial of a Section 10(b) class action and SEC investigations.
- Public Company President, in defense of SEC charges regarding alleged Regulation FD violations.
- Hedge Fund Executive, in connection with a federal insider trading investigation involving expert network consultants.
- Real Estate Developer, previously convicted of bank fraud after a federal court trial. We successfully moved for a new trial and then persuaded the DOJ not to re-prosecute our client.
- Public Company CEO, in parallel SEC and DOJ investigations, as well as parallel civil proceedings, concerning an alleged revenue recognition scheme. We resolved all of the matters successfully.
- Public Company CEO, in an SEC investigation concerning revenue recognition practices and SOX 304 clawbacks. Through the Wells process, we successfully persuaded the SEC not to bring any charges against our client.
- President of a Puerto Rico Bank, in federal sentencing and appellate proceedings related to his conviction in connection with the largest bank failure in Puerto Rico.
- Public Company Senior Scientific Officer, concerning an SEC investigation concerning insider trading.
- Bank Senior Executive, in an SEC insider trading investigation. We persuaded the SEC not to bring claims against our client.
- Public Company Officer, in an SEC and DOJ investigation concerning options dating. After receipt of Wells notice, we persuaded the SEC not to bring claims against our client.
- Public Company Controller, in an SEC investigation concerning options dating. After receipt of Wells notice, we persuaded the SEC not to bring claims against our client.
- International Company Officer, in an SEC investigation concerning revenue recognition practices.
- Chapter 11 Bankruptcy Trustee, in connection with a reorganization plan that made false projections regarding revenues.
