Marc A. Weinsteinis chair of the White Collar & Regulatory Defense group and a partner in the Securities Fraud Litigation and Professional Liability groups.
Marc represents corporate and individual clients at all stages of 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 US Commodity Futures Trading Commission (CFTC) and the Public Company Accounting Oversight Board (PCAOB). Marc has extensive trial and appellate experience, including a recent acquittal on behalf of a pro bono client in New York State Supreme Court, and has litigated numerous asset forfeiture matters. Recently, Marc obtained a judgment of acquittal at trial in a DOJ criminal antitrust “no-poach” case on behalf of an executive in the aerospace engineering industry. In another recent trial, Marc won a groundbreaking jury verdict for a former Wall Street executive defending against a securities class action over an alleged multimillion-dollar cryptocurrency Ponzi scheme. Marc has negotiated corporate deferred prosecution and plea agreements with the Department of Justice. Marc was recently ranked by Chambers USA 2021 as a leading lawyer in White Collar Crime & Government Investigations for the tenth straight year.
Marc 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, a founding member of the Computer Hacking and Intellectual Property Crimes Unit, and a member of the Asset Forfeiture Unit. In his role as chief of the Major Crimes Unit, Marc 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.
Member, Federal Criminal Practice Committee, Federal Bar Council
Member, board of directors of the Fund for Modern Courts
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 the 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, he 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 2nd Circuit
Law clerk, the Honorable Mary Johnson Lowe, United States District Court for the Southern District of New York, 1996 – 1998
Recognized in Who's Who Legal as a "Thought Leader, Busines Crime Defence"
Recipient of the 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
Recognized by The Legal 500 United States as one of the top Securities Litigation – Defense lawyers
Highlighted Publications & Panel Presentations
Elizabeth Prewitt, Marc Weinstein and Jeffrey Goldberg, “Questions Following Prevezon Money Laundering Settlement,” Law360 (May 25, 2017)
Former contributing editor on FCPA matters for Latin Lawyer.com
National Association of Securities Dealers (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
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
Selected Individual Representations
Obtained a judgment of acquittal at trial in a DOJ criminal antitrust “no-poach” case on behalf of an executive in the aerospace engineering industry.
Won a groundbreaking jury verdict for a former Wall Street executive defending against a securities class action over an alleged multimillion-dollar cryptocurrency Ponzi scheme, the first case in which a jury addressed whether cryptocurrency products are securities.
Representation of a hedge fund portfolio manager charged with securities fraud and insider trading in parallel DOJ and SEC criminal and civil proceedings stemming from the subprime meltdown, and in related investor class actions and arbitrations
Successfully convinced SEC not to file charges against the former CEO of a publicly traded company after the SEC issued Wells notice
Representation of a former derivatives trader at major financial institution in connection with parallel DOJ and SEC criminal and civil proceedings
Representation of the head of global foreign exchange for a major financial institution in connection with global investigation of the foreign currency market
Representation of an interest rate derivatives trader in connection with a global investigation of London Interbank Offered Rate (LIBOR)
Representation of a derivatives trader in connection with the CFTC investigation of the International Swaps and Derivatives Association Fix
Successfully convinced CFTC not to file charges against (ISDAFIX) hedge fund employee in a precious metals market manipulation investigation
Obtained an acquittal after a trial in the New York State Supreme Court for a pro bono client charged with burglary in the second degree
Successfully convinced CFTC not to file charges against a New York Mercantile Exchange company floor-broker for a global energy company in a natural gas market manipulation investigation after a Wells notice was issued
Negotiated favorable resolutions for clients in DOJ asset-forfeiture proceedings
Representation of engagement partners and other audit team members of Big Four accounting firms in connection with various SEC and PCAOB corporate accounting fraud investigations and proceedings
Selected Corporate Representations
Successful defense of a foreign financial institution against DOJ civil money-laundering claims, resulting in the dismissal of action
Lead member of the investigation team for the trustee in the Securities Investor Protection Act (SIPA) liquidation of Lehman Brothers Inc.
Representation of a European bank in a LIBOR investigation by various state attorneys general
Representation of a foreign financial institution in research analyst investigation by a state securities regulator
Obtained dismissal on behalf of a foreign bank and asset manager of a securities fraud action arising out of structured investment vehicles invested in collateralized debt obligations and mortgage-backed securities
Representation of Citibank in Citibank NA v. Solow, in which the trial court granted a $100.8 million judgment in favor of Citibank for breach of loan agreements, and the First Department affirmed judgment
Member of the investigation team for the trustee in the SIPA liquidation of MF Global Inc.
Representation of a foreign trading company in the successful resolution of a DOJ FCPA investigation
Representation of a global entity in a state district attorney's money-laundering investigation
Representation of Citibank in Citibank NA v. Silverman, in which the trial court granted a $57.2 million judgment in favor of Citibank for breach of loan agreements, and the First Department affirmed judgment
Representation of a public utility in a criminal investigation and related successful ratepayer class-action and shareholder derivative suits arising from the alleged misconduct by corporate officers
Representation of Big Four accounting firms in various federal securities class actions, malpractice actions, and SEC and PCAOB investigations