Gary Stein

Gary Stein is a partner in the New York office, where he focuses on white-collar criminal defense and securities regulatory matters, complex commercial litigation, internal investigations, anti-money laundering issues, civil and criminal forfeiture proceedings and appellate litigation. He represents public companies, financial institutions, hedge funds, other entities and individuals as subjects, victims and witnesses in federal and state criminal investigations and regulatory investigations by the SEC, SROs and state attorneys general. He has conducted numerous internal investigations involving potential violations of the Foreign Corrupt Practices Act, financial statement fraud, money laundering and other matters, and advises companies on compliance with the FCPA and anti-money laundering and OFAC regulations. As a former Assistant U.S. Attorney and Chief Appellate Attorney in the Southern District of New York, Gary investigated, prosecuted, tried and represented the government on appeal in numerous white-collar criminal cases involving money laundering, fraudulent investment schemes, bank fraud, insider trading, art theft, illegal kickbacks, terrorist financing and other financial crimes. His civil litigation experience includes claims of fraud and breach of contract, securities class actions and derivative actions, contests over corporate control, and disputes arising from the sale of a business. He has handled more than 150 appeals in federal and state courts involving issues of both criminal law and procedure and complex commercial law. He successfully argued 15 appeals in the U.S. Court of Appeals for the Second Circuit.

An accomplished public speaker and writer, Gary has presented on risk management and crisis management issues at SRZ Annual Private Investment Funds Seminars and moderated a panel on "Regulatory Investigations: What You Should Know But Were Afraid to Ask" at a recent CCO University Webinar. In 2008, he was presented with a Burton Award for Achievement in Legal Writing for co-authoring “The Foreign Corrupt Practices Act: Recent Cases and Enforcement Trends,” which appeared in the Journal of Investment Compliance. Gary obtained his B.A. from New York University in 1983 and his J.D. from New York University School of Law, where he was senior articles editor of the New York University Law Review, in 1986.

Selected Representations

White Collar & Regulatory Experience
Represented public companies, financial institutions, hedge funds, other entities and individuals as subjects, victims and witnesses in federal and state criminal investigations and regulatory investigations by the SEC, SROs and state attorneys general. Conducted internal investigations into potential financial statement fraud, violations of the Foreign Corrupt Practices Act and money laundering. Advised companies on compliance with the FCPA and anti-money laundering and OFAC regulations. As a federal prosecutor, investigated, prosecuted, tried and represented the government on appeal in numerous white-collar cases involving money laundering, fraudulent investment schemes, bank fraud, insider trading, art theft, illegal kickbacks, terrorist financing and other financial crimes.

Civil Litigation Experience
Litigated wide range of general corporate and commercial disputes, including claims of fraud and breach of contract, securities class actions and derivative actions, contests over corporate control, and disputes arising from the sale of a business.

Appellate Litigation Experience
Litigated more than 150 appeals in federal and state courts involving all facets of criminal law and procedure as well as novel and complex issues of commercial law. Successfully argued 15 appeals in the U.S. Court of Appeals for the Second Circuit.

Recent Representations
Representation of company in conducting internal investigation of alleged FCPA violations.

Representation of company in connection with investigation into possible OFAC violations.

Representation of financial institution in connection with money laundering allegations regarding customer and related DOJ forfeiture proceeding.

Representation of CFO of food products company in connection with SEC stock options investigation.

Representation of hedge fund in connection with SEC and state attorney general investigations arising from collapse of fund.

Representation of public company in SEC stock options investigation and related internal investigation, shareholder litigation and NASDAQ delisting proceedings.

Representation of audit committee of supermarket chain in internal investigation into alleged accounting fraud involving promotional allowances, conducted in parallel with U.S. Attorney’s Office and SEC investigations.

Representation of public company in internal investigation and related DOJ and SEC investigations involving alleged FCPA violations.

Representation of leasing company in connection with investigation by New York State Attorney General and several other state attorneys general arising out of alleged telecommunications fraud.

Representation of chairman of audit committee of major retailer in connection with SEC investigation arising out of company's non-filing of financial statements.

Representation of hedge fund executive in connection with SEC short-selling investigation.

Representation of art collector in connection with tax fraud investigation.

Selected Prior Cases
O'Mara v. Town of Wappinger, 485 F. 3d 693 (2d Cir. 2007) (obtained reversal of judgment against municipality in Section 1983 suit arising out of land-use dispute).

In re Hansen Natural Corp. Securities Litigation, 527 F. Supp.2d 1142 (C.D. Cal. 2007) (dismissing with prejudice securities class action suit arising out of alleged stock options backdating scheme).

United States v. McClain, 377 F.3d 219 (2d Cir. 2004) (six-week jury trial resulting in convictions of architects of $16.7 million bogus investment scheme marketed over the Internet).

United States v. Schultz, 333 F.3d 393 (2d Cir. 2003) (affirming application of National Stolen Property Act to art dealer who traded in stolen Egyptian antiquities).

United States v. Hunpatin, 40 Fed. Appx. 620 (2d Cir. 2002) (prosecution of stolen-check ring, including bank insider).

United States v. Madakor, 29 Fed. Appx. 636 (2d Cir. 2002) (prosecution of bank customer who falsely claimed entitlement to funds deposited to her bank account by mistake).

United States v. Peter Berlin and Lucy Edwards (S.D.N.Y. 2000) (prosecution of bank vice president and spouse relating to illegal banking and money-laundering operation involving $7 billion in funds originating from Russia).

United States v. Ian Fulton Roberts (S.D.N.Y. 1999) (prosecution of fraudulent scheme orchestrated by president of foreign currency trading firm).

United States v. James Spelatis (S.D.N.Y. 1997) (prosecution of purchasing manager of Fortune 500 company for accepting kickbacks from vendors).

United States v. James MacCallum (S.D.N.Y. 1996) (prosecution of bank vice- president for embezzlement).

Instructional Systems, Inc. v. Computer Curriculum Corp., 35 F.3d 813 (3d Cir. 1994) (involved challenge under dormant Commerce Clause to extraterritorial application of New Jersey franchise-termination statute).

AMAX Potash Corp. v. Ideal Basic Industries, Inc. (Colo. Dist. Ct. 1991) (three-week jury trial resulting in multi-million dollar verdict in favor of client on novel “value of a chance” theory of damages in commercial breach of contract action).

Air Line Pilots Ass'n v. UAL, Inc., 897 F.2d 1324 (7th Cir. 1990) and 874 F.2d 439 (7th Cir. 1989) (successful challenge under the federal Railway Act and Delaware law to “poison pills” contained in labor contract).

Selected Publications

Selected Speaking Engagements

Other Distinctions

Burton Award for Legal Achievement, 2008
Attorney General's Award for Outstanding Achievement in Asset Forfeiture, 2003
SuperLawyers, 2009

Bar Admissions

• New York

Court Admissions

• U.S. Court of Appeals, Second Circuit 1997
• U.S. District Court, Eastern District of New York 1991
• U.S. District Court, Southern District of New York 1989

Education

Prior Experience

United States Attorney’s Office, Southern District of New York
    Assistant U.S. Attorney, 1995–2004
    Chief Appellate Attorney, 2002–04
Paul, Weiss, Rifkind, Wharton & Garrison, 1987–95
Law Clerk to Honorable Robert N. Wilentz, Chief Justice of the New Jersey
    Supreme Court, 1986–87