Marc P. Berger
Marc Berger, a former federal prosecutor and co-head of the firm's securities & futures enforcement practice, focuses on defending companies and individuals in white collar criminal matters, regulatory investigations and enforcement proceedings, and internal investigations. Marc’s representations include foreign and domestic corporations, investment advisers and asset managers concerning securities, commodities, and insider trading offenses, bribery and violations of the Foreign Corrupt Practices Act (FCPA), computer hacking and data breaches, and responses to internal whistleblower complaints, as well as individual employees in similar investigations. He also counsels on securities and corporate governance issues, regulatory compliance, and a range of other sensitive situations.
Previously, Marc was an Assistant United States Attorney for the Southern District of New York and Chief of that office’s Securities and Commodities Fraud Task Force. In that role, he oversaw a staff of 20 prosecutors and regularly coordinated fraud investigations with the Securities and Exchange Commission, Commodity Futures Trading Commission, and FINRA. As head of the fraud unit, Marc led the investigation and prosecution of many high-profile securities enforcement matters, including a significant number of cases as part of the largest crackdown on hedge fund insider trading in U.S. history. Marc supervised and investigated a wide array of securities cases, including in the areas of insider trading, corporate fraud, complex and structured financial products, the FCPA, offering fraud and fraudulent investment schemes, asset management fraud, broker bribery, market manipulation, and abusive high-frequency trading practices.
Notable cases from Marc’s tenure include insider trading charges against four SAC Capital Management companies, financial fraud charges against former JPMorgan traders who allegedly attempted to conceal losses in connection with the 2012 London Whale incident, financial fraud charges against former Credit Suisse traders who hid more than $100 million in losses in a mortgage-backed securities trading book in 2007 and 2008, FCPA charges in connection with a massive kickback scheme to secure the bond trading business of a state-owned Venezuelan bank, and a wire fraud charge against a major automotive company for defrauding consumers by issuing misleading statements about safety issues in its vehicles.
As an Assistant U.S. Attorney, Marc tried and won convictions in 13 jury trials and argued 21 appeals before the U.S. Court of Appeals for the Second Circuit.
As a federal prosecutor, Marc supervised, investigated and prosecuted numerous high-profile securities and financial fraud matters, as well as other criminal cases. Some of Marc’s representative matters from his time with the U.S. Attorney’s Office include:
- Supervised the investigation and prosecution of four SAC Capital Management companies for insider trading.
- Supervised the investigation and prosecution of numerous financial professionals for insider trading, including those at hedge funds and involving expert network firms.
- Supervised the investigation and prosecution of former Credit Suisse traders for financial fraud related to mortgage-backed securities.
- Supervised the FCPA investigation and prosecution of a Venezuelan bank official and executives at a U.S. broker-dealer in connection with a massive kickback scheme.
- Supervised, investigated and prosecuted a major automotive company for defrauding consumers by issuing misleading statements about safety issues in its vehicles.
- Investigated and prosecuted three founding principals of the Cobalt Companies for $23 million offering fraud victimizing over 250 investors.
- Investigated and prosecuted president of two Manhattan investment firms for $13 million investment fraud and Ponzi scheme.
- Investigated and prosecuted former dean of Brooklyn school for $4 million extortion and blackmail scheme targeting hedge fund.
- Investigated and prosecuted former lieutenant in the anti-narcotics division of the Colombian National Police for cocaine importation.
- Investigated and prosecuted high-ranking, violent member of Colombia’s Norte Valle Cartel for cocaine importation.
- Investigated and prosecuted three members of an international arms trafficking operation for plotting to smuggle shoulder-fired surface-to-air missiles, rocket-propelled grenades, and anti-tank guided missiles into the United States, and three associates for trafficking in automatic and semiautomatic firearms.
- Marc P. Berger and Yana Grishkan, “Second Circuit Rules Fifth Amendment Applicable to Statements Provided to Foreign Governments,” Bloomberg BNA’s Securities Law Daily (July 24, 2017)
- Quoted, “The rise of a new Department of Justice: Reading the tea leaves,” Compliance Week (February 7, 2017)
- Marc P. Berger, Matt McGinnis, Jonathan Schmidt and Leon Kotlyar, “Supreme Court Confirms Broad Reach of Insider Trading Liability,” American Bar Association Business Law Today (January 19, 2017)
- Marc P. Berger, “Questions on Use of Compelled Testimony in LIBOR Convictions,” The New York Law Journal (February 25, 2016)
- Marc P. Berger, Justin Florence and Yana Grishkan, “Cross-Border Investigations and the Fifth Amendment,” The New York Law Journal (November 13, 2015)
- Panelist, “Anti-bribery Compliance Programs,” Fourth Annual NYU Law-UBA Joint Conference: Corporate Liability for Corruption (June 29, 2017)
- Moderator, “Insider Trading Bulletin: A View From the Trenches,” Corporate Counsel’s 10th Annual Hedge Fund General Counsel and Compliance Officer Summit (September 2016)
- Panelist, “White Collar Defense in a Global Environment,” Navigating the Enforcement Landscape: Perspectives on Current Legal Issues Facing Companies, Financial Institutions and Asset Managers - Chambers & Partners and Ropes & Gray Event (September 2016)
- Panelist, “Foreign Corrupt Practices Act Compliance Roundtable: Managing Anti-Corruption Risks” Wells Fargo Prime Services’ Business Consulting Group and ACA Compliance Group Morning Conference Series On the Horizon (April 2016)
- Moderator, “Cybersecurity Preparedness, Combating Today’s Threats,” Wells Fargo Prime Services’ Business Consulting Group and Eze Castle Integration Morning Conference Series On the Horizon (December 2015)
- Moderator, “Financial Institutions and Asset Managers in the Cybercrime Crosshairs: Developing Response Strategies to Complex Threats and Navigating Enforcement,” Chambers & Partners Event (November 5, 2015)
- Speaker, “DOJ’s Latest Policy on Corporate Cooperation:What’s Required to Receive Cooperation Credit,” Ropes & Gray Webinar (October 2015)
- Speaker, “Increased Scrutiny of Futures and Derivatives Market Participants: Key Areas of DOJ, CFTC and Exchange Enforcement,” Ropes & Gray Webinar (October 2015)
- Speaker, “DOJ Enforcement Actions: Risks and Recent Trends that Japanese Companies Should be Aware of While Conducting Business in the United States,” Ropes & Gray and Nishimura & Asahi Co-hosted Seminar, Japan (April 2015)
- Panelist, Edward Bennett Williams Inn of Court (March 19, 2015)
- Presenter, “Hot Topics in Insider Trading and SEC Enforcement,” Ropes & Gray West Coast Lunchtime Legal Briefing Teleconference (March 10, 2015)
- Panelist, “Perspectives on SEC and Criminal Enforcement in Silicon Valley: 2015 and Beyond,” Silicon Valley Directors’ Exchange Panel (February 2015)
- Panelist, “Key Issues for C-Suites and Boards: Effectively Facing Domestic & International Enforcement,” Directors Roundtable Institute (February 2015)
- Moderator, “Regulator Roundtable,” GAIM Regulation and Fund Governance Conference (December 2014)
- Panelist, “Defending Corporations and Individuals in Government Investigations,” Thomson Reuters Forum on White Collar Defense and Government Investigations (December 2014)
- Panelist, “International White Collar Crime Institute,” London, U.K. (October 2014)
- Panelist, “7th Conference of the AMF Enforcement Committee,” Autorité des marchés financiers, Paris, France (October 2014)
- Panelist, “Techniques for Implementing Security Procedures to Keep Regulators Happy and Your Firm Safe,” Operations for Alternatives NYC (September 2014)
- Panelist, “Enforcement 2014 – Identifying and Investigating Targets, Emerging Priorities and Latest Developments,” Regulatory Compliance Association, New York (May 2014)
- Panelist, “Securities Fraud: The Financial Crisis – Five Years Later,” 28th National ABA Institute on White Collar Crime, Miami, FL (March 2014)
- Panelist, “The Challenges of Multijurisdictional Investigations and Enforcement,” NYSBA, New York (October 2013)
- Panelist, “White Collar Crime: Prosecutors and Regulators Speak,” Practising Law Institute, New York (October 2013)
- Panelist, “Broker/Dealer Regulation and Enforcement,” Practising Law Institute, New York (October 2013)
- Panelist, “Trends & Developments in the Investigation, Prosecution & Defense of Insider Trading Cases,” NYCBA, New York (September 2013)
- Panelist, “When Representations Collide: Navigating Conflicts in Corporate and Executive Representations,” 2nd Annual White Collar Crime Institute, NYCBA, New York (May 2013)
- Keynote Speaker, “Recent Developments to Keep in Mind When Conducting Parallel Investigations in Securities and Commodities Fraud Cases,” White Collar Roundtable, FINRA, New York (April 2013)
- Panelist, “Insider Trading,” U.S. Securities and Exchange Commission Southeastern Securities Conference, Miami, FL (April 2013)
- Panelist, “The New Landscape of Insider Trading Cases,” 27th National ABA Institute on White Collar Crime, Las Vegas, NV (March 2013)
- Speaker, “Criminal Enforcement of the Securities Laws,” U.S. Securities and Exchange Commission International Enforcement Institute, Washington, D.C. (November 2012)
- Speaker, “Investigating and Prosecuting Complex White Collar Crime,” Federal Bureau of Investigation Annual CPA Conference, Columbus, OH (May 2012)
- Panelist, “Business and Legal Challenges to Corporate Management and Directors: Facing Domestic & International Enforcement,” Directors Roundtable, New York (May 2012)
- Panelist, “Multi-Agency Enforcement Efforts in the New Decade,” Practising Law Institute, New York (April 2012)
- Panelist, “Fraud Cases and Trends,” FINRA Regional Compliance Seminar, New York (September 2011)
- Speaker, “Investigating and Prosecuting White Collar Crime,” Federal Bureau of Investigation, New York (June 2011)
- Panelist, “Ponzi Schemes,” 25th National ABA Institute on White Collar Crime, San Diego, CA (March 2011)
- Speaker, “Title III and White Collar Cases,” National Advocacy Center, Columbia, SC (December 2010)
- Panelist, “Standards for Prosecuting Corporate Fraud by Federal & State Agencies: The Impact of the Revised Justice Department Charging Guidelines,” NYCBA, New York (April 2010)