Marc A. Weinstein

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

• Representation of Danish tax authority in federal and state courts seeking to recover over $2 billion wrongfully obtained through a scheme involving fraudulent tax refund claims. To date Hughes Hubbard has won a sweeping $500 million jury verdict, a $165 million bench trial victory, and negotiated hundreds of millions of dollars in settlement agreements.
• 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

• 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