EXPERIENCE

John's experience includes representation of:

Investment Advisers

• A mutual fund sponsor in an SEC investigation focused on shareholder fees, distribution of fund shares and intermediary arrangements
• Private fund managers in SEC investigations involving disclosures related to fees and conflicts and involving compliance with the “pay-to-play” rule under the Investment Advisers Act of 1940
• A private equity fund manager in an SEC investigation related to financing of portfolio company transactions
• A multinational fund manager in an SEC investigation focused on principal and cross-trading
• Major fixed income managers in SEC investigations related to trading in structured products
• An investment adviser in an SEC investigation related to mutual fund share class selection
• A major private company in an SEC investigation focused on trade allocation practices
• A proprietary fund manager in SEC investigations related to portfolio investments

Broker-Dealers

• Lead banker in SEC and DOJ parallel investigations related to underwriting of municipal securities where issuer allegedly engaged in financial fraud
• Underwriters in the SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative
• Broker-dealer firms in FINRA and SEC investigations related to mutual fund share class selection
• A broker-dealer in SEC and CFTC investigations related to possible insider trading and manipulation of credit default swaps
• A broker-dealer and lead banker in a FINRA inquiry related to public finance investment banking practices
• Broker-dealer in connection with FINRA investigation of firm’s dark pool alternative trading system
• Broker-dealer in FINRA investigation concerning customer identification procedures

Public Companies

• Public company in an SEC investigation concerning accounting and disclosures of loss contingencies
• Former CEO of a public company in revenue recognition investigations by the SEC, DOJ, and the company’s audit committee
• Public company in an SEC investigation of disclosure of regulatory approvals
• Public company services provider in SEC investigation related to tax accounting
• Public company in DOJ and SEC insider trading investigation
• Board member in connection with internal investigation into alleged insider trading
• Former officer in connection with SEC investigation into alleged insider trading

Internal Investigations

• Public company audit committee investigation regarding trading program that led to substantial losses

• Investigation of investment adviser’s marketing of private funds
• Investigation of charges to portfolio companies by principal of private equity fund manager
• Investigation of broker-dealer’s payment for order flow practices
• Investigation of investment adviser’s mutual fund share class selection practices

Cryptocurrency

• Represent token trading platform and issuers in SEC investigations

Select SEC Enforcement Cases

• SEC v. Kwame Kilpatrick, et al.: Action alleging “pay to play” scheme involving the former Mayor and Treasurer of Detroit and a major investment adviser to Detroit public pension funds*
• SEC v. Nikolai Battoo, et al.: Action alleging that international hedge fund manager purporting to manage US$1.5 billion in assets inflated valuations and performance track record to conceal impact of losses incurred during financial crisis of 2008*
• In the Matter of Ambassador Capital Management, LLC, et al.: Action against investment adviser and portfolio manager alleging deception of the Board of Trustees of a money market mutual fund, and deviations from Rule 2a-7 exemptive provisions*
• SEC v. Mayfield Gentry Realty Advisors, LLC et al.: Action against registered investment adviser and its top officers alleging concealment of misappropriation from public pension fund client*
• In the Matter of Paul W. Oliver, Jr. and Mary Beth Stevens: Actions against former Chairman and former CFO of investment adviser based on allegations of aiding and abetting misappropriation scheme*
• In the Matter of Gerard M. Oprins, CPA and Wendy McNeeley, CPA: Rule 102(e) proceedings against former auditors of manager and its funds based on allegations of improper professional conduct*
• SEC v. Joseph P. Micatrotto; SEC v. Greg Gadel, et al.: Actions alleging securities fraud by former CEO, CFO and Controller of Buca, Inc. in connection with undisclosed executive compensation and financial accounting fraud*In the Matter of Christopher A. Black: Action against former CFO of a public company in connection with violations of Regulation FD*

*Matter completed prior to joining the firm