White Collar Criminal and Regulatory Defense

Mr. O'Shea's criminal practice is largely devoted to white collar crime and securities regulation matters. These matters have included the defense of the full panoply of criminal prosecutions, including insurance fraud, tax evasion, stock manipulation, money laundering, health care fraud, criminal antitrust, environmental, RICO violations and government contract fraud. His Firm has developed a reputation for its expert handling of the defense of individuals, corporations, investment advisory firms and law firms under investigation by the Department of Justice, the United States Attorney's Offices, District Attorney's Offices, the Securities and Exchange Commission, and many other federal and state regulatory and investigative agencies. In 2007, Condé Nast Portfolio profiled Mr. O’Shea as one of the top ten White Collar criminal defense attorneys and noted his particular successes at achieving resolution of investigations without charges.

The Firm represents both individuals and corporate entities through the various stages of the defense of criminal investigations and prosecutions, including pre-indictment advocacy, grand jury proceedings, postindictment proceedings, trials and appeals. The Firm also provides guidance with respect to internal and government investigations. The Firm handles the negotiation of plea agreements, grants of immunity and cooperation agreements.

Mr. O'Shea further provides counseling and advice to individuals and corporate entities regarding potential criminal liability and prophylactic measures to avoid liability. In doing so, the Firm may conduct comprehensive investigations aimed at preempting indictment and seek innovative solutions to difficult criminal issues. The Firm is currently retained to represent clients in some of the most nationally prominent investigations.

Representative matters:

• In 2007, the Firm obtained a non-custodial sentence for a client who had pled guilty to a money-laundering charge by persuading the Government and the U.S. Probation Department that the client qualified for the "safe-harbor" provision of the Sentencing Guidelines. The Firm employed innovative arguments to persuade the Government that the laundered funds were not technically criminally derived funds.

• In 2007, the Firm represented a Chief Executive Officer in the Student Loan Financing Investigation by the New York Attorney General’s Office. Despite an initial identification of our client as a “target” of the investigation, the Firm was successful in persuading the authorities that no charges should be brought.

• In 2007, the Firm represented a substantial investor in a publicly traded company under investigation for improper dissemination of inside information by the New York Stock Exchange. After a thorough investigation, the results of which were shared with the New York Stock Exchange, the investigation was concluded with no sanction against our client.

• In 2007, the Firm successfully represented a crude oil trader in a market manipulation investigation conducted by the Chicago Office of the United States Attorney. After a lengthy grand jury investigation and many meetings with government prosecutors, Mr. O’Shea persuaded the government that no charges should be brought.

• In 2006, the Firm successfully represented a financial industry executive identified as a target by the SEC in connection with an investigation into market timing in the mutual fund industry. Mr. O’Shea prepared and submitted a Wells submission that persuaded the SEC to discontinue its investigation and to not proceed with an enforcement action against the client.

• In 2005, the Firm successfully represented an insurance industry executive in a high profile investigation conducted by the New York Attorney General. By prompt investigative and decisive action, Mr. O’Shea and his Firm quickly mastered the facts. Thereafter, he engaged in quiet, persistent advocacy with the New York Attorney General. That process resulted in Mr. O'Shea persuading the New York Attorney General’s Office not to bring charges against his client.

• The Firm currently represents a high-level Japanese executive under investigation for criminal antitrust violations brought by the Antitrust Division of the Department of Justice in San Francisco.

• The Firm currently represents a former attorney of a major international bank in a criminal investigation by the U.S Department of Justice. Following extensive discussions and negotiations with the government, Mr. O’Shea was successful in obtaining confirmation for the client that he was viewed by the government as a witness and not as a target in its criminal investigation and in achieving safe passage for him to the United States.

• In 2005, the Firm successfully obtained amnesty for a prominent chemical industry executive in a criminal price fixing case by the Department of Justice in San Francisco. By intensive study of the industry nuances and complexities and by extensive work with the client, Mr. O’Shea was able to persuade prosecutors not to bring charges against his client and instead confer an amnesty under the Department of Justice amnesty program.

• In 2005, Mr. O’Shea received immunity from federal prosecutors in New Mexico for a California financial executive who had been forced to pay kickbacks to state officials. By prompt action and decisive negotiation, the U.S. Attorney’s Office agreed not to prosecute Mr. O’Shea’s client.

• The Firm currently represents a financial industry executive charged with insider trading by the U.S. Attorney’s Office for the Southern District of New York in the highest profile insider trading prosecution since the late 1980s.

• The Firm successfully represented a financial industry Chief Executive Officer before the Securities and Exchange Commission in an insider trading investigation. After replacing one of New York's largest firms as lead counsel, Mr. O'Shea reopened the Wells process and conducted a renewed internal investigation. After extensive briefing and negotiation, the SEC was persuaded to alter its decision to bring charges of insider trading. Ultimately, the SEC discontinued its investigation and declined to bring any charges.

• The Firm represents the President of a large family-owned corporation under investigation for a variety of financial frauds. Following extensive negotiations and communications with senior members of the U.S. Attorney’s Office for the Eastern District of New York, the Government altered their view of the allegedly criminal conduct, agreed to a guilty plea to a significantly lesser charge, and agreed to a forfeiture amount that preserved significant amounts of the client’s assets.

• The Firm represented an executive of an insurance company under investigation by U.S. Attorney's Offices in two separate states for widespread fraud. The executive faced indictment and the prospect of years of imprisonment. After replacing prior counsel, Mr. O'Shea conducted his own investigation. Satisfied that the defense of two criminal trials raised the risk of conviction to an unacceptable level, Mr. O'Shea found another, innovative alternative. Through his extensive contacts in law enforcement, he learned that a civil investigation of a leading HUD provider about which his client had knowledge was underway in a third U.S. Attorney's Office across the country. He packaged the information helpful to the government's investigation in that district which transformed its case into a criminal indictment of the largest provider of HUD-financed public housing. In exchange, Mr. O'Shea's client was treated as a cooperating witness, and Mr. O'Shea negotiated the transfer of the client's two indictments to the third district where Mr. O'Shea's client received a non-custodial sentence in exchange for his cooperation.

• The Firm currently represents a former airline executive in connection with the investigation of price-fixing and other anti-competitive behavior in the air cargo industry being conducted by the DOJ and international competition authorities.

• The Firm represented a high level executive of a Fortune 500 corporation in the Midwest in a criminal investigation of international price fixing by the Department of Justice. The corporation had received amnesty and had given extensive information relating to his client to the prosecutor prior to Mr. O'Shea's retention as counsel. As a result, Mr. O'Shea's client was faced with the daunting prospect of a certain indictment and conviction. By intensive study of the amnesty program, coupled with factual investigation, Mr. O'Shea presented arguments to the government that his client qualified for the amnesty granted to the corporation. Faced with this defense and challenge to the amnesty program, the Department of Justice relented and declined prosecution of Mr. O'Shea's client.

• The Firm represents a member of the Board of Directors of a Fortune 500 corporation whose Chief Executive Officer, general counsel and certain Board members have been charged with various crimes connected to the alleged looting of the company. Although identified as a "target" by the prosecution and faced with threats of indictment, Mr. O'Shea's careful preparation, investigation and quiet persuasion has resulted in the altering of the prosecutor's perception and the forestalling of charges against his client.

• The Firm played a prominent role in the complex forfeiture negotiations with the U.S. Attorney for the Southern District of New York in the Adelphia case. Mr. O’Shea’s role was significant in the preservation of millions of dollars in assets for the Rigas family.

• The firm represented a bond trader at one of the country's largest insurance companies charged by the U.S. Attorney's Office for the Southern District of New York with executing off-market trades and receiving kickbacks in return. As a result of prompt action and intense negotiation, Mr. O'Shea's Firm was able to successfully negotiate a plea agreement involving the client's cooperation that resulted in a sentence of probation.

• Mr. O’Shea currently represents a financial industry executive in parallel investigations by the U.S. Attorney’s Office for the Eastern District of New York and the Manhattan District Attorney’s Office. As a result of prompt action and delicate negotiations, Mr. O’Shea was able to structure plea agreements with both offices involving the client’s cooperation that will minimize the impact of those two criminal investigations on the client.

• In 2006, the Firm successfully represented the manager of a company facing widespread allegations of fraud. By prompt investigation and decisive negotiations, Mr. O’Shea successfully negotiated a non-prosecution agreement.

• The Firm represented an insurance executive in connection with a criminal investigation by the New York Attorney General’s Office into bid rigging in the reinsurance market. Due to Mr. O’Shea’s presentation and negotiations with the Government, the client was not charged with any criminal offense.

• The Firm represents a number of individuals (including executives of issuers, investment banks and securities brokerages) in several criminal proceedings brought by U.S. Attorney's Offices for various financial frauds, including securities fraud, wire fraud, mail fraud, and money laundering and structuring.

• Mr. O'Shea's Firm represented a high level executive of a major corporation in connection with a federal tax and money laundering investigation. Mr. O'Shea worked closely as co-counsel with a prominent New York law firm in the representation of the defendants in this case. After intensive negotiation and legal briefing, the government recast their criminal charges and agreed to a guilty plea to a lesser charge with a favorable result for Mr. O'Shea's client.

• The Firm currently represents the President of a medical management company associated with health care providers under investigation by the U.S. Attorney’s Office for the District of New Jersey for certain alleged financial frauds and money laundering related to billing practices. After extensive discussions and negotiations, Mr. O’Shea was able to structure a plea agreement that likely will result in a non-custodian sentence for the client.

• In 2006, the Firm represented an individual convicted of attempted solicitation of a minor on the Internet. Through extensive briefing and discussion, Mr. O’Shea was successful in persuading the U.S. Department of Probation to significantly reduce the sentence length it recommended to the Court. As a result, Mr. O’Shea was able to limit the client’s sentence to the statutory mandatory minimum.

• In 2001, the Firm successfully represented several Saudi nationals in similar highly pressurized post September 11th investigations by the government. Mr. O'Shea represented Dr. Al Bader al-Hazmi, a San Antonio radiologist, whose story of arrest and detention received national media attention after his release. Mr. O'Shea guided Dr. Al Bader al-Hazmi through the government's investigative process and successfully won his speedy release after convincing the authorities of the erroneous factual conclusions underlying their detention of Dr. al-Hazmi. Mr. O'Shea represented other Saudi nationals in similar highly pressurized investigations post September 11th by the government. Mr. O'Shea conducted investigations clearing all of his clients who were promptly released.

Mr. O'Shea developed his skill as a criminal trial lawyer as an Assistant U.S. Attorney for the U.S. Attorney's Office for the Eastern District of New York. He was Chief of the Business/Securities Fraud Unit from 1989 to 1996. During his tenure at the U.S. Attorney's Office, he tried more than thirty-five federal jury trials and handled dozens of appeals in the United States Court of Appeals for the Second Circuit. He also received numerous awards and commendations from the Department of Justice and the Federal Bureau of Investigation and other law enforcement agencies for his work in significant white collar crime matters.

Mr. O'Shea has been a featured speaker on many occasions before federal law enforcement groups including the F.B.I. and U.S. Postal Inspection Service. He has also served as an instructor in trial tactics and courtroom procedures classes at the F.B.I. Academy at Quantico, Virginia.

Upon his departure from the U.S. Attorney's Office to return to private practice, F.B.I. Director Louis Freeh wrote that Mr. O'Shea's "efforts as a prosecutor, as well as an investigator, were keys to the success of our White Collar Crime Program." Mr. O'Shea was also commended by Assistant Director of the F.B.I. James Kallstrom for his work in a case against United States Aviation Underwriters. Mr. Kallstrom described Mr. O'Shea as being the "architect of the investigation and the prosecution presenting unique legal issues and facts [flowing out of the Pan Am, 103 Lockerbie bombing investigation]."