Primary Office
Internal Investigations Experience Across Diverse Industries
- Internal investigation for private equity firm in response to Financial Industry Regulatory Authority ("FINRA") inquiry into possible front-running by firm's employee.
- Internal investigation for public company into allegations of self-dealing by senior employees in acquired division.
- Internal investigation for hedge fund arising from U.S. Department of Justice ("DOJ") investigation into insider trading on information derived from "expert networks."
- Internal investigation for organization into potential exposure under the Foreign Agents Registration Act (“FARA”).
Defense of Criminal and Civil Investigations
- After a series of meetings and presentations, convinced the U.S Attorney’s Office for the Southern District of New York, the FBI, and the Securities and Exchange Commission to reverse their decisions to charge the client – a former executive vice president of one of the nation’s largest brokerage firms – with criminal and civil insider trading charges, which could have resulted in imprisonment, a $500,000 fine, and disgorgement of several hundred thousand dollars. In addition, despite a two-year probe and issuance of a Wells Notice, the client's name and reputation remained protected from publicity throughout the investigation.
- Investigation by U.S. Securities and Exchange Commission (SEC) into private equity firm's portfolio company investment.
- Investigation by New York Attorney General (NYAG) into due diligence performed by bank in residential mortgage-backed securitizations.
- Investigation by DOJ, SEC, U.S. Commodity Futures Trading Commission, and U.K. Financial Services Authority into possible role of bank's employees in improper submission of rates to London Interbank Offered Rate (LIBOR) panel.
- Investigation by SEC and NYAG into alleged involvement of chairman of private equity firm in corrupt "pay-to-play" practices in Office of the New York State Comptroller.
- Investigation by SEC into allegations of insider trading at private equity firm.
- Representation of multiple government contracting companies in criminal and civil litigation before U.S. Attorney’s Offices and state Attorneys General Offices.
Anticorruption and Compliance Counseling
- Preparation of policies, procedures, and training materials for companies in financial services, mining, and manufacturing sectors seeking to comply with international anticorruption laws, including the U.S. Foreign Corrupt Practices Act ("FCPA").
- Development of compliance policy and procedures for organization to mitigate risk of exposure for activities under Foreign Agents Registration Act (FARA).
Federal Prosecution Experience
- Justin led the successful prosecution and conviction of a defendant pharmacist, following a five-week jury trial, who was charged with maintaining a pharmacy as a premises for the illegal distribution of oxycodone. Justin and his trial team, including agents of the Federal Bureau of Investigation and U.S. Drug Enforcement Administration, presented the testimony of physicians, pharmacists, expert witnesses, company employees, and law enforcement and cooperating witnesses, to prove that the pharmacist knowingly distributed and dispensed oxycodone to addicts and dealers, contrary to written commitments the pharmacist had undertaken in due diligence questionnaires he had signed with his supplier.
- Justin and his colleagues charged multiple inmates of Federal Correctional Institution Fort Dix with distributing and conspiring to distribute images and videos of child pornography, which the inmates - who were all already serving lengthy sentences for prior child pornography offenses - viewed on contraband micro SD cards and smuggled cell phones within the prison.
- Justin led the successful prosecution and conviction, following trial, on charges of Hobbs Act Robbery conspiracy, drug trafficking conspiracy, and firearms offenses, of a career offender who had conspired with others to rob a drug stash house and kill its occupants in a sting investigation led by the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF"). Justin and his trial team, including the ATF agents, presented evidence of conspiratorial text messages forensically extracted from the defendant's cell phone, along with highly incriminating statements made in a covert video recording.
- Justin led the successful indictment and extradition from Bogota, Colombia, of a drug trafficker who ultimately pleaded guilty in the United States to conspiring to import heroin into the United States through Newark Liberty International Airport.
- Justin led the successful prosecution, resulting in a guilty plea, of the owner of a water filtration company who had failed to pay state taxes in various jurisdictions where he conducted business.
- Justin led the successful prosecution of a career con artist and fraudster who ultimately pleaded guilty to charges of travelling across state lines to have sex with a minor, defrauding retirees out of more than $100,000 in savings, and using a false identity to commit his wire fraud. After cross-examination by Justin at a hearing on the defendant's subsequent motion to withdraw his guilty plea, the defendant decided to proceed with his guilty plea and was sentenced to a term of 25 years' imprisonment.
- Justin presented the testimony of dozens of witnesses, including numerous experts, at two six-week jury trials, following charges against more than two dozen defendants, in the prosecution of a violent Atlantic City, New Jersey drug gang which followed a six-month wiretap investigation. The investigation succeeded in recording evidence of a homicide committed in real time during the course of wiretap interception. It also, ironically, resulted in interception of discussions of two members of the conspiracy regarding watching the famed HBO series, "The Wire," which was itself about a wiretap investigation.
- Justin led the prosecution of a business owner who ultimately pleaded guilty to charges of immigration fraud and money laundering.