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Patrick
J.
Smith
Partner
Co-Chair, White Collar, Corporate Crime and Investigations Practice
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Patrick J. Smith is a partner in DLA Piper's Litigation practice and is co-chair of the White Collar practice group.
Mr. Smith represents companies and individuals in investigations conducted by the US Department of Justice, the Securities and Exchange Commission, the New York Attorney General's Office and FINRA, as well as other federal and state agencies, and conducts internal investigations into allegations of misconduct by corporate officers and employees. Among his clients are leading investment banks and financial services firms, accounting firms and pharmaceutical companies. In addition, Mr. Smith has defended numerous individual bankers, traders, lawyers and corporate officers in grand jury and regulatory investigations. He has tried to verdict more than 20 cases and has substantial experience in the federal courts of appeal.
He has been named a New York Super Lawyer and is recognized in Best Lawyers in America.
Recent Experience
Mr. Smith's recent representations include:
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A hedge fund manager in insider trading cases brought by the US Attorney for the Southern District of New York and the SEC;
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An accounting firm in a Madoff-related securities fraud investigation;
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Several former Lehman Brothers managing directors in government investigations;
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A pharmaceutical company in an internal investigation of allegedly unlawful marketing practices;
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A hedge fund in a Manhattan District Attorney criminal investigation of valuation practices;
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An investment bank in an internal review of risk management and credit underwriting practices in connection with certain derivative products;
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An investment banker in a parallel DOJ/SEC investigation of alleged FCPA violations in China;
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An investment bank in a FINRA fixed-income trading investigation;
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A pharmaceutical company in an internal investigation of potential FCPA violations in Thailand;
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An international freight forwarder in a DOJ investigation of alleged export control violations;
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A tax attorney at an investment bank in a federal grand jury investigation of allegedly fraudulent tax shelters;
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An appraisal management firm in a New York Attorney General action alleging the fraudulent inflation of residential appraisals, and related regulatory investigations.
Government Experience
In 1994, Mr. Smith served as associate independent counsel in the Whitewater Investigation under Independent Counsel Robert B. Fiske, Jr. From 1995 to 2002, Mr. Smith was an Assistant United States Attorney in the Southern District of New York. As a member of the Southern District's Securities and Commodities Fraud Task Force, he investigated and prosecuted complex securities fraud schemes involving financial statement fraud, insider trading and market manipulation. From 2002 to 2005, he was an Assistant United States Attorney in the Districts of Guam and the Northern Mariana Islands.
Mr. Smith received the Department of Justice's Attorney General's Award for Distinguished Service and is a two-time recipient of the Director's Award for Superior Performance as an Assistant United States Attorney.
Admissions
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New York
- United States Court of Appeals for the Second Circuit
- United States Court of Appeals for the Ninth Circuit
- United States District Court for the Southern District of New York
- United States District Court for the Eastern District of New York
Publications
Seminars
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Speaker, "Recent Developments in Insider Trading Enforcement," JP Morgan Chase, New York (April 5, 2012)
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Panelist, "DOJ, SEC and FTC Enforcement Trends: What Is On The Horizon For Public Companies And The Financial Industry?" DLA Piper Seminar, New York, NY (March 17, 2010)
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Speaker, "Inside Scoop on Insider Trading," Association of International Bank Auditors, New York, New York (September 18, 2008)
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Speaker, "US Regulatory Developments in Response to the Subprime Crisis," Euronetwork Meeting, Paris, France (June 9, 2008)
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