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Marc Weinstein

Partner

Marc Weinstein is a partner in the Criminal and Regulatory Defense and Investigations, Securities Fraud Litigation, and Professional Liability Groups.

Mr. Weinstein has represented both corporate and individual clients at all stages of proceedings with federal and state law enforcement authorities and numerous regulatory agencies including the SEC, CFTC, and PCAOB. Mr. Weinstein recently negotiated a Deferred Prosecution Agreement for a foreign corporate client in a complex and long-standing FCPA matter, secured a $100 million judgment for a large financial institution, and obtained a favorable settlement with the SEC on behalf of a hedge fund portfolio manager. Mr. Weinstein was recently ranked by Chambers USA 2012 as a leading lawyer in White Collar Crime & Government Investigations. Mr. Weinstein honed his trial skills while serving as an Assistant United States Attorney in the Southern District of New York for more than eight years, during which he was the Chief of the Major Crimes Unit, a member of the Securities and Commodities Fraud Task Force, and a founding member of the computer hacking and intellectual property crimes unit. In his role as Chief of the Major Crimes Unit, Mr. Weinstein supervised the prosecution of complex white collar offenses, including investment fraud, violations of the FCPA, health care fraud, computer crimes, and tax and money laundering offenses.

Previous Experience

  • Assistant United States Attorney, United States District Court for the Southern District of New York, 1998-2007
  • Federal prosecutor with extensive trial experience in complex financial crimes. Served as Co-Chief of Major Crimes Unit, supervising prosecution of corporate, FCPA, computer, health care, insurance, intellectual property, money laundering, and tax offenses. As member of the Securities and Commodities Fraud Unit, prosecuted numerous cases in financial markets, including nation’s largest undercover operation in foreign currency markets, as well as market manipulation and accounting fraud. Briefed and argued numerous appeals before the Second Circuit.
  • Law Clerk, Honorable Mary Johnson Lowe, United States District Court for the Southern District of New York, 1996-1998

Other Activities

  • Member, Board of Directors of the Fund for Modern Courts

Recognitions

  • Recipient of Department of Justice’s John Marshall Award for Outstanding Legal Achievement for Asset Forfeiture.
  • Ranked by Chambers USA as one of the leading White-Collar Crime & Government Investigations lawyers in the United States.

Court Admissions

  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States Court of Appeals for the Second Circuit

Practice Groups and Other Information

Education Information

  • University of Pennsylvania Law School, J.D., 1993
    Senior Editor, Comparative Labor Law Journal
  • Duke University, B.A., 1990
    cum laude

Bar Admissions

  • New York, 1994

Highlighted Matters

  • Representation of Citibank in Citibank, N.A. v. Solow, in which trial court granted $100.8 million judgment in favor of Citibank for breach of loan agreements, and First Department affirmed judgment.
  • Successful defense of foreign financial institution against DOJ civil money laundering claims resulting in dismissal of action.
  • Representation of hedge fund portfolio manager charged with securities fraud and insider trading in parallel DOJ and SEC criminal and civil proceedings stemming from subprime meltdown, and in related investor class actions and arbitrations.
  • Lead member of investigation team for Trustee in the SIPA liquidation of Lehman Brothers, Inc.
  • Representation of Citibank in Citibank, N.A. v. Silverman, in which trial court granted $57.2 million judgment in favor of Citibank for breach of loan agreements, and First Department affirmed judgment.
  • Member of investigation team for Trustee in the SIPA liquidation of MF Global, Inc.
  • Successful defense of individuals in Wells proceedings before SEC in major corporate accounting fraud investigations.
  • Successful representation of NYMEX floor broker for global energy company in CFTC investigation of alleged natural gas market manipulation.
  • Representation of foreign trading company in successful resolution of DOJ FCPA investigation.
  • Advise United States issuers and foreign entities on FCPA investigation and compliance matters.
  • Representation of public utility in criminal investigation and related successful ratepayer class action and shareholder derivative suits arising from alleged misconduct by corporate officers.
  • Representation of head of municipal derivatives desk at global financial institution in connection with DOJ and SEC investigation of municipal bond industry.
  • Representation of hedge fund employee in CFTC market manipulation investigation and related civil class action.
  • Representation of Big Four accounting firms in various federal securities class actions and malpractice actions.

News

Firm Wins Dismissal of $492M Lawsuit Against WestLB (October 2012)
Hughes Hubbard Secures Victory for WestLB AG In $492 Million Lawsuit (September 2012)
Hughes Hubbard Resolves Bribery Case For Marubeni Corp. (May 2012)
HHR Wins Second Dismissal of Madoff Lawsuit Against Ernst & Young (May 2012)

Highlighted Publications & Presentations

  • Contributing editor on FCPA matters for LatinLawyer.com
  • NASD 2004 White Collar Crime Roundtable: Operation Wooden Nickel
  • Intellectual Property Owners Association 2001 Annual Meeting: Digital Rights and the First 48 Hours After An Industrial Espionage Theft

Publications

FCPA Alert: Transparency International Notes Increased Anti-Corruption Enforcement Activity Among OECD Treaty Signatories (August 2008)
FCPA Interim Update (October 2007)
Baker Hughes Settles FCPA Charges With DOJ and SEC (May 2007)

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