Securities Enforcement and Litigation

As part of a broader regulatory enforcement and litigation practice, Kaplan Hecker & Fink represents some of the country’s leading financial institutions and commercial businesses – as well as their top executives – in securities enforcement proceedings and complex securities litigation matters. Our lawyers have built a track record of success representing clients before the U.S. Securities and Exchange Commission, among numerous other government and regulatory enforcement agencies, as well as conducting sensitive internal investigations and working with clients to strengthen compliance measures to help avoid those challenges in the first place. Our litigation team also includes former federal prosecutors with substantial experience overseeing the prosecution of securities fraud cases.

KHF lawyers also have deep experience representing financial institutions in complex securities litigation matters. We were on the front lines of the WorldCom, RMBS and CDO litigation of the past decade, in both regulatory investigations and a variety of civil lawsuits. We have also taken leading roles in matters concerning municipal bond transactions, research reports, market timing, bid rigging and brokerage practices, accounting and reinsurance transactions, and myriad other issues.

Other representative securities enforcement and litigation matters include:

• Representing Natixis, a prominent bank, in a high-stakes ongoing RMBS “repurchase” lawsuit and related third-party action.
• Representing multiple individuals in connection with an ongoing SEC investigation of a financial technology company, related to the cutting-edge and pressing question of whether cryptocurrency issued by the company are “securities” under federal securities laws.
• Fending off an investigation of potential insider trading and violation of SEC rules related to trading in non-firm trading accounts by our client. Both the DOJ and the SEC declined to bring any charges.
• Representing numerous individuals in connection with DOJ and SEC investigations of alleged accounting improprieties, resulting in both agencies declining to charge in one recent representation.
• Representing the owner of a Swiss-based asset management firm in connection with a criminal investigation by the SDNY of potential stock manipulation schemes.
• Representing one of the key individuals involved in a CFTC and SDNY investigation of a major foreign financial services organization in connection with certain bond issuances and related swaps trading.
• Representing the former CFO of an institution under investigation by the SEC in relation to earnings reporting. Our client was interviewed by the SEC, but the investigation concluded without charges being filed against any individuals, including our client.
• Representing individuals involved in SDNY and SEC investigations of alleged accounting improprieties.
• Representing multiple individuals in connection with an SEC investigation of a cryptocurrency business. 
• Representing multiple individuals in connection with a CFTC investigation of an off-shore cryptocurrency trading exchange.
• Representing multiple individuals and an entity in connection with various federal and state criminal investigations relating to cryptocurrency businesses and ICO issuances.

Prior to joining KHF, some of our lawyers’ representative securities enforcement and litigation matters included:

• Representing a ratings agency in dozens of civil litigations in both state and federal court relating to credit ratings of RMBS, CDO, and municipal bond transactions from 2007 through the most recent financial crisis.
• Representing large financial institutions in numerous civil litigations relating to the underwriting and issuance of RMBS and CDO certificates.
• Representing the former global head of structured-products ABS collateralized debt obligations at a major investment bank in an SEC inquiry into the offering of notes in a synthetic CDO.
• Securing a declination from the SEC in connection with a whistleblower investigation of accounting misconduct at a Fortune 200 company.  
• Representing several individuals in the SEC’s investigation of sales of CDOs backed by subprime mortgages.
• Representing several individuals in stock options back-dating investigations conducted by the United States Attorney’s Office for the Eastern District of New York, the SEC, and the New York County District Attorney’s Office.
• Representing multiple individuals at various financial institutions in DOJ and CFTC investigations relating to foreign exchange trading practices.
• Representing a hedge fund founder in DOJ and SEC investigations of potential insider trading.
• Representing Fitch Ratings in regulatory investigations relating to RMBS, CDO, and municipal bond transactions from 2007 through the most recent financial crisis.
• Representing major Fortune 500 insurance company in investigations in more than 40 states, as well as accounting/reinsurance investigations by the DOJ, SEC, IRS and nine state regulators—in addition to related derivative and securities lawsuits.
• Successfully prosecuting professional gambler Billy Waters for securities fraud and insider trading, among other charges.