White Collar Defense, Investigations, and Securities Enforcement

Hamilton Clarke represents executives, individuals, boards of directors, corporations, investment firms, and committees in criminal, civil, and administrative proceedings, trials and appeals.  We also have extensive experience conducting internal investigations and in responding to criminal investigations, enforcement and regulatory proceedings.

Our attorneys represent clients on Foreign Corrupt Practices Act, Bank Secrecy Act, False Claims Act, money laundering and asset forfeiture, the securities and commodities statutes, economic sanctions, criminal tax violations, health care fraud and abuse, controlled substances regulations, government procurement fraud, and cybersecurity and data protection laws.  We are also experienced in matters involving RICO and the federal mail and wire fraud statutes.

Hamilton Clarke regularly represents clients before the Department of Justice, United States Attorneys’ Offices, the Securities and Exchange Commission, the Commodity Futures Trading Commission, FINRA, the Federal Reserve, the Department of the Treasury and its Office of Foreign Assets Control (OFAC) and Financial Crimes Enforcement Network (FinCEN), the Secret Service, the Internal Revenue Service (IRS), the Drug Enforcement Administration (DEA), the various Inspectors General, and the Department of Defense.

Our defense attorneys are often able to settle or dispose of proceedings before they are public or go to trial.  Indeed, much of our work remains resolving issues behind the scenes.  In the event a case does go to trial, we are highly experienced trial lawyers with a track record of winning in matters where the odds are stacked against us.

Representative Experience:

  • Represented a major hedge find in a front-page Wall Street Journal insider trading case, including (i) a multi-party settlement with the SEC, management companies and their principals, and (ii) following a court of appeals decision regarding insider trading liability, orchestrated the return by the SEC of the disgorgement monies paid to the SEC (unprecedented in SEC history)
  • Successfully represented a large asset management firm and its founder in connection with a DOJ and SEC investigation and enforcement action
  • Conducted a major internal investigation on behalf of a global hedge fund
  • Negotiated a pre-arrest plea with the DOJ in the Northern District of Georgia to allow an executive at a Fortune 100 company to plea to a sole count information in a multimillion-dollar fraud matter
  • Obtained a favorable outcome in the Eastern District of New York where client was indicted for conspiracy to commit health care fraud and was alleged to have participated in an international conspiracy where the loss amount was close to $100,000,000
  • Negotiated a favorable plea in the Southern District of New York on behalf of a former NBA player who was indicted for conspiracy to commit health care fraud as against the National Basketball Association Player’s Health and Welfare Benefit Fund.