Duane Morris LLP - Marvin G. Pickholz, Partner

Marvin G. Pickholz

Marvin G. Pickholz
Partner
Duane Morris LLP
1540 Broadway
New York, NY 10036-4086
USA
Phone: +1 212 692 1050
Fax: +1 212 208 2641
Email: mgpickholz@duanemorris.com

Marvin G. Pickholz is a partner in Duane Morris' securities and white-collar practice groups. His practice focuses on complex civil and criminal litigation including defense of corporations and individual clients, both domestic and foreign.

Mr. Pickholz is a former national Assistant Director of the Securities and Exchange Commission’s Division of Enforcement in Washington, D.C. and Chief of the Branch of Enforcement in New York. During his tenure with the SEC, Mr. Pickholz was involved in many high-profile cases involving accounting firms, corporate financial statement fraud, Foreign Corrupt Practices Act and individual defendants of renown.

Mr. Pickholz is the author of the treatise titled Securities Crimes and is the co-author of chapters in leading treatises on accountants' liability, insider trading and section 16(b) liabilities. He has authored over 50 articles and is a frequent guest on CNBC, NBC, Fox News, and the BBC and quoted in domestic and foreign financial publications.

He was the founder and first president and currently serves as a director of the Association of Securities and Exchange Commission Alumni.

Areas of Practice

Corporate and Securities Litigation
White-Collar Law
Corporate Compliance and Internal Investigations

Representative Matters

Represented a director of tax and finance of a public company in negotiating a criminal disposition based upon failure to file or pay New York City income tax since 2000 from a potential seven-year term of incarceration down to payment of back taxes and a fine, along with community service.
Represented a corporation, based and operating in Kabul, Afghanistan, in a dispute against a U.S. government agency, in which the agency reversed its initial adverse determination and concluded that our client was eligible to continue to receive U.S. government funding.
Provided advice and counsel to executives, individuals and accounting firms in connection with their testimony and appearance before various Congressional investigation committees.
Secured reversal of a U.S. Government agency decision affecting a corporation’s business activities in Afghanistan.
Representing a major financial institute in a multi-million dollar Auction Rate Securities matter.
Representing a corporation in connection with an inquiry into its activities in Africa.
Representing an accounting firm in connection with publicly traded China based corporations.
Represented foreign corporate client in first SEC case brought for misleading and false statements to auditor.
Represented prominent accounting firm in the Ivan Boesky, Michael Milken insider trading cases.
Represented broker’s assistant in the Martha Stewart case.
Represented CFO of multi-billion dollar hedge fund.
Represented NYSE Floor Trader in Market Timing case.
Represented audit partner in multiple activities arising from the Lincoln Savings & Loan Association matters.
Obtained a sentence of three years' unsupervised probation, a $15,000 fine and $300,000 restitution for an individual who was facing more than 37 months in jail and up to a $75,000 fine plus $2.9 million in restitution for violating U.S. antitrust statutes by overcharging the U.S. Department of Environmental Protection for cleanup of a Superfund site.
Advised former high-ranking U.S. State Department official and special presidential envoy under Presidents George H. W. Bush and William Jefferson Clinton while on assignment for the U.S. government.
Represented New York Stock Exchange member in connection with first case brought by U.S. Department of the Treasury, Financial Crimes Enforcement Network (FinCEN) addressing anti-money-laundering issues arising from business conducted abroad.
Represented several U.S. nationals in resolving tax issues related to Swiss and Lichtenstein accounts with the U.S. Department of Justice.
Represented well-known Swiss banker in action and investigation brought by U.S. Attorney for the Eastern District of New York stemming from allegations of fraudulent stock trading.
Represented the vice-chairman of Hollinger International in a case ultimately brought by U.S. Department of Justice and the U.S. Attorney for the Northern District of Illinois involving Lord Conrad Black.
Represented foreign-based accounting firms in several high profile United Kingdom-Scotland Yard-Financial Services Authority (FSA) investigations related to the "Guinness Affair" and "Blue Arrow" cases.
Represented leading Far East accounting firm in investigation of financial statements filed in U.S. Securities and Exchange Commission reports by Pepsico related to activities in the Philippines and Mexico.
Represented a U.S. national in connection with an SEC - U.S. Attorney - Royal Canadian Mounted Police matter involving the sale of bonds to Manitoba Province.
Represented a former U.S. senator in a New York State Attorney General investigation related to "pay-to-play" pension investments.
Represented and avoided any action against high-ranking hospital executive who, before engaging Duane Morris, received substantial negative press, in investigation by U.S. Attorney and New York Attorney General into alleged payoffs to member of the New York State Legislature.
Represented one of the Middle East's most prominent investment families in case against an international financial institution.
Acted as counsel to senior executives of billion dollar mutual fund family in connection with joint investigations by the New York Attorney General and the SEC.
Acted as counsel to several hedge funds and broker-dealers in separate investigations by the SEC, the U.S. Attorney's Office and the Commodities Futures Trading Commission.
Represented clients from Isle of Jersey, Gibraltar and the Bahamas in action related to illegal securities transactions, funds transfers and money laundering.
Advised and represented victims in joint, cross-border investigations involving the United States and other jurisdictions, including Vanuatu, for stock fraud and money laundering to conceal thefts from Parsons & Wittemore Inc.
Represented Fiat in criminal and civil investigations by the U.S. Department of Justice and U.S. Environmental Protection Agency into the disposal of polychlorinated biphenyls (PCBs).
Represented Italian manufacturer of parts for U.S. nuclear submarines in a defense-contracting case brought jointly by the Department of Defense and the U.S. Attorney for Eastern District of Virginia.
Represents Van der Moolen Specialists (USA) LLC and Van der Moolen Holdings N.V. in a class action seeking compensatory damages of $255 million. The case is also before the District Court of Amsterdam and has been referred to by the Dutch press as the "Netherlands Madoff Affair."
Successfully defended corporate client in action that alleged defrauding of investors and $5.7 million in actual damages. The jury rendered a complete defense verdict. See Crigger, et al. v. Fahnestock & Company, et al. 01 Civ. 0781 (SDNY).
Defended private investor and consultant in lawsuit brought by the SEC against public company accuse of securities fraud, market manipulation and other securities law violations, and in related investigation by the U.S. Attorney's Office in New York. See SEC v. Universal Express, et al. 04 CIV 02322 (SDNY).
Obtained court-ordered immunity for company president in connection with investigation by U.S. Attorney's Office for the Eastern District of Pennsylvania into hedge fund collapse. Represented same executive in parallel SEC investigation.
Represented venture capital firm as plaintiff in a derivative action against numerous individual and corporate defendants, including international bank.
Acted as special counsel to companies and their boards, conducting internal investigations into historical options grants and options dating practices for public companies in a variety of industries.
Successfully defended NYSE member firm in pair of arbitration contests involving more than $6 million in alleged damages. 36. Obtained complete dismissal of FINRA arbitration matter brought by customer without suffering any liability for any portion of a settlement fee and with expungement of the client's CRD.
Represented clients in Department of Justice Antitrust investigations related to: (i) Electrical Contracting; (ii)Painting and Pails; (iii) Road Construction and Paving; and (iv) Packaging and Casings industries.

Professional Activities

American Bar Association
- Section of Criminal Justice
-- Council Member
-- Co-Chair, White Collar Crime Committee's New York Region Subcommittee
- Section of Business Law
- Chairman and Vice-Chairman, Committee on White-Collar Crime
- Section of Litigation
-- Co-Chairman, Committee on National Institutes
-- Chairman, Government Litigation Committee
-- Chairman, Subcommittee on Legal Compliance Programs and Preventive Law
-- Chairman, Subcommittee on Criminal Laws and Procedures, Committee on Corporate Counsel
- Section of Corporation Banking and Business Law
-- Chair, Corporate Criminal Laws Committee
-- Council Liaison to Criminal Justice Section
-- Chairman, Subcommittee on Corporate Compliance and Preventative Law
- Task Force on Revisions to SEC Rules of Procedure
- Task Force on SEC Proposed Rules on Insider Trading
US-China Alliance
- Member, Advisory Committee

Admissions

New York
District of Columbia

Education

New York University School of Law, LL.M.
New York University School of Law, LL.B.
New York University, A.B.

Civic and Charitable Activities

Board of Directors, Association of Securities and Exchange Commission Alumni
Board of Directors, The Eye Bank for Sight Restoration, Inc.

Honors and Awards

The National Law Journal, SEC Defense: A Wall of Silence (listed among 10 lawyers for practice "before the SEC"), 1998
The Washington Magazine, Washington's 50 Best Lawyers, 1992
Guide to World's Leading White Collar Crime Lawyers
Who's Who in American Law
Who's Who in America
Who's Who in International Lawyers
New York Metro Super Lawyers since 2006
Listed in Super Lawyers Corporate Counsel Edition

Selected Publications

Authored more than 50 articles on securities and white-collar litigation, RICO, Foreign Corruption Practices Act, internal investigations and other subjects.
Guest Lecturer at NYU Stern School of Business (Sept 2011) on "Professional Responsibility"
"Second Circuit Shifts Burden of Showing Assets to Defendants; Clarifies Monsanto Decision," Duane Morris Alert, June 21, 2013
Co-author, "U.S. Supreme Court Lowers the Bar for Class Certification in Private Securities Fraud Actions," Duane Morris Alert, March 6, 2013
Co-author, "Use It or Lose It: U.S. Supreme Court Holds the SEC Must Bring Civil Enforcement Actions Within Five Years of Wrongful Conduct," Duane Morris Alert, February 28, 2013
Co-author, "Recent Federal False Claims Act Decision Undermines Attorney-Client Privilege over Certain In-House Counsel Emails," Duane Morris Alert, December 10, 2012; reprinted in 5 Financial Fraud Law Report 221 (2013)
Co-author, "Defining and Re-Defining Due Diligence: In Search of a Standard," Inside, New York State Bar Association Corporate Counsel Section, Winter 2012
"Being an International In-House Corporate Counsel Has Become a High Risk Business," Inside, New York State Bar Association Corporate Counsel Section, Spring/Summer 2011
Co-author, "Impacts of the US Financial Reform Act on International Business," Duane Morris Alert, September 14, 2010
Co-author, "Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010: Congress Enacts Sweeping Financial Reform," Duane Morris Alert, August 24, 2010
"SEC Starts Pension Fund Group to Prosecute for "Pay to Play"," Duane Morris Alert, October 19, 2009
Co-authored chapters on "Accountants' Liabilities under the Federal Securities Laws" and "Section 16 and Insider Trading" for Matthew Bender's treatises on the Securities Acts of 1933 and 1934.
Securities Crimes, Thomson West 1993 and annual updates though 2007
Co-author, "Changes in SEC Investigations Outlined by Director of Enforcement Division," Duane Morris Alert, August 6, 2009
Chapter on Corporate Governance: "The Respective Functions of the Client and Lawyer in Corporate Governance Law," Aspatore Books, 2007
Co-author, "Accountants' Liability Under the Federal Securities Laws (Chapter 5A)," IIA Gadsby, Business Organizations; The Federal Securities Exchange Act of 1934, Matthew Bender 1986, A.A. Sommer, Jr. Editor, Revised 2002-2009
Co-author, "Investigations Put Employees in Tough Spot: Are 'Cooperating' Corporations Violating Constitutional rights?" New York Law Journal, Special Section on White-Collar Crime, p. 10, Col. 1, July 2000
"Fraud and Criminal Penalties Chapter in Handbook for Corporate Directors," FT Law & Tax, 1997
"Guide to White Collar Crime," Bureau of National Affairs, Corporate Practice Series 1986

Selected Speaking Engagements

Presenter, "'But I Thought My Conversation Was Privileged?' Attorney-Client Privilege Issues Every In-House Counsel Should Know About,” Duane Morris LLP, New York City, February 26, 2013
Featured on Varney & Co. on Fox Business discussing the MF Global case, November 2, 2011
"Roundtable on the Execution, Clearance, and Settlement of Microcap Securities," SEC Headquarters, Washington, D.C., October 17, 2011
"Professional Responsibility of Business Executives," NYU Stern School of Business, New York, September 2011
"Internal Investigations at Financial Institutions: The Evolving Role of Lawyers In International Corporations," ABA Third Annual National Institute on Internal Investigations, May 5, 2010
"Foreign Corrupt Practices Act," seminar at Baruch College of City College of New York for members of the Internal Auditors Association, October 15, 2010
Co-presenter, "Dodd-Frank, Bounties, Whistleblowing and the Future of Compliance," BrightTalk Webcast, October 13, 2010
Interviewed on Bloomberg TV discussing Congressional hearings
Interviewed several times for Bloomberg radio on regulatory issues
Interviewed by CNBC Asia on regulatory reform
Panelist, "Old Law, New Facts: Madoff, Fraud and the TransAtlantic Perspective Dispute Resolution/Litigation, Latin America/Caribbean," American Bar Association International Law Section Fall 2009 Meeting, October 27-31, 2009
Guest on BBC Radio programs Today, Radio 4, and Wake Up Money, Radio 5, regarding the Bernard Madoff sentencing, June 29, 2009
Panelist, "Implementing Compliance Programs and Conducting Investigations When Compliance Fails," ABA Section of Public Contract Law Teleconference, June 25, 2009
Interviewed by BBC2 (also aired on BBC World TV), March 12, 2009
American Bar Association's 15th Annual Federal Procurement Institute: Procurement Going Forward-Today's Questions for Tomorrow's Challenges, "Going to Confession? Internal Investigations," Annapolis, Maryland, March 6, 2009
Course Instructor, "A Primer on Corporate Compliance and Internal Investigations", Lawline.com, September 2008
Financial Markets Association Securities Compliance seminar, "What Happened, Why and What Now?" Fort Lauderdale, Florida, April 30, 2008
Planning Committee and Panel Chair for ABA National Institute, Securities Fraud, (2006, 2007, Washington, D.C.)
Defending the Corporation in Mass Tort Litigation, New Jersey Corporate Counsel Association, 2007
Broker/Dealer Enforcement Actions Conference, The District of Columbia Bar Association, October 2005
The Cambridge International Symposium on Economic Crime (Topics: "Civil Disclosure and Freezing Orders," "Recovering Property from Overseas," "The Interface between Civil and Criminal Proceedings," "Market Manipulation," Cambridge University, Jesus College, September 2000
Securities Litigation Into the New Millennium, The District of Columbia Bar Association, Park Lane Hotel, New York, New York, February 1999
Credit Suisse First Boston Corporation, Private Seminar "The Role of Internal Counsel and Auditors in an Increasing Criminalized Environment," January 1999