John T. McGoey is a member of the Litigation department and a member of the White Collar & Regulatory Defense group. His practice focuses on criminal and regulatory defense, internal investigations, and complex civil litigation. John has represented senior executives, traders, accountants, hedge fund portfolio managers, and other financial professionals and companies in proceedings with federal and state law enforcement authorities and numerous regulatory agencies, including the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the U.S. Commodity Futures Trading Commission (CFTC), and the Federal Energy Regulatory Commission (FERC). John has extensive civil and criminal litigation experience and has represented clients in all stages of proceedings, including motion practice, deposition discovery, management of document collections and reviews, and the preparation of expert and fact witnesses.
John has acted as lead attorney on a number of matters arising from the most notable white collar litigations and investigations of the last several years, including the defense of a J.P. Morgan synthetic credit trader who faced mismarking and securities fraud charges brought by the SEC and DOJ in connection with the "London Whale" trading losses; the representation of an individual facing allegations of money laundering and fraud relating to the activities of 1MDB, an investment fund owned by the government of Malaysia; and the defense of Ralph Cioffi, former portfolio manager of two Bear Stearns hedge funds, against claims brought by the SEC, the DOJ, and multiple individual litigants and arbitration claimants following the subprime crisis.
John is a founding member of Hughes Hubbard's Criminal Trial Program and has represented multiple indigent defendants in criminal actions. In connection with that program, he recently obtained an acquittal after trial in New York State Supreme Court for a pro bono client charged with burglary in the second degree. John also drafted a clemency petition on behalf of a non-violent drug offender serving a lengthy mandatory minimum sentence that was granted by President Obama in August of 2016.
Southern District of New York
Eastern District of New York
Defense of Julien Grout, a former member of J.P. Morgan's Chief Investment Office in London, the unit that employed Bruno Iksil (the “London Whale”), in connection with claims of mismarking and securities fraud filed by the SEC and DOJ. After four years of litigation and over thirty depositions, the DOJ and SEC took the rare step of voluntarily moving to dismiss their cases against Mr. Grout in the summer of 2017
Successfully convinced international regulatory authorities to not file charges against a Global Head of foreign exchange trading for a major financial institution in connection with an international investigation into manipulation and abuse in foreign currency market
Representation of an individual in connection with allegations of money laundering and fraud arising from the activities of 1MDB, a Malaysian sovereign wealth fund
Representation of a J.P. Morgan Ventures Energy Corporation managing director in connection with a Federal Energy Regulatory Commission investigation into alleged market abuse
Drafted successful motion to dismiss claims of negligent misrepresentation, detrimental reliance, equitable estoppel, and implied contract filed against a large pharmaceutical corporation by a financing company that had been defrauded by a third party vendor. Judge Pisano of the United States District Court for the District of New Jersey granted the motion in all parts in November of 2014
Representation of a company in connection with an investigation into possible violations of the Securities Act of 1933 and the Securities Exchange Act of 1934 arising from direct offerings of securities to an investment company
Representation of multiple witnesses who were called to testify in an SEC enforcement action that alleged violations of the Investment Advisers Act and the Investment Company Act by Lynn Tilton and Patriarch Partners
Representation of the trustee for the Securities Investor Protection Act liquidation of the business of Lehman Brothers, Incorporated
Representation of Ralph Cioffi, former portfolio manager of two Bear Stearns hedge funds, in connection with claims of insider trading and securities fraud brought by the SEC, DOJ, and multiple individual litigants and arbitration claimants