Eric Forni

Eric Forni

Partner
About

Eric Forni is a leader in DLA Piper’s securities enforcement and commodities investigations practices and a member of its white-collar investigations practice. Eric also serves as a key advisor on cybersecurity and digital asset issues that may implicate federal and state securities-related regulatory matters or the False Claims Act.

To strategically advise clients facing the most sensitive and often mission-critical issues, Eric draws on the rare experience of serving as both an SEC senior trial and enforcement attorney and a white-collar crimes federal prosecutor, while also working closely with the FBI, FINRA, the CFTC, and state regulators. This unique background and insider knowledge enables Eric to provide practical and credible advice designed to evaluate all collateral considerations for individuals and entities responding to government investigations or companies and/or their Audit (or Special) Committees conducting sensitive internal investigations.

Specifically, Eric advises on:

  • SEC and CFTC investigations, including those focused on digital assets and the SEC’s Cross-Border Task Force.
  • State regulatory investigations, including State AGs, Departments of Insurance, and securities regulators, including those focused on data breaches.
  • DOJ white collar criminal investigations.
  • DOJ False Claims Act investigations focused on cybersecurity matters (e.g., NIST and CMMC-related compliance and DoD government contracts).

Eric also leverages his extensive experience as a civil litigator and first chair trial attorney at the SEC to credibly and successfully litigate state and federal civil cases while in private practice. Now, Eric regularly manages large teams that navigate senior government officials, board members, C-suite officers, and senior in-house counsel through complex litigation by creatively problem solving, anticipating issues and arguments before they arise, and providing comprehensive solutions.

Before joining DLA Piper, Eric served as a senior trial and enforcement attorney with the SEC for 15 years, where he developed a deep understanding of the SEC and the laws it enforces.

At the SEC, Eric coordinated parallel investigations with such agencies as the Federal Bureau of Investigation and worked on matters with the assistance of FINRA. Additionally, he was a member of the SEC's Market Abuse Unit, focusing on matters related to complex insider trading, broker-dealer and hedge fund conduct, and market manipulation. Eric also worked closely with the SEC’s Cross Border Working Group.

He also served as a Special Assistant US Attorney in the Securities, Financial and Cyber Fraud Unit at the United States Attorney's Office for the District of Massachusetts, where he conducted federal jury trials in cases concerning conspiracy; securities, mail and wire fraud; witness tampering; false statements; and structuring. He also worked on all aspects of criminal prosecutions, including grand jury investigations and plea negotiations.

Eric is a recipient of the Paul R. Carey Award, a national award conferred by the SEC to recognize individuals with exceptional personal commitment and effectiveness, unquestioned integrity, unlimited enthusiasm, and unwavering dedication to the protection of the individual investor.

Bar admissionsMassachusetts

EXPERIENCE

  • Navigated government (SEC, CFTC, DOJ, State AGs or State Securities Divisions) or FINRA investigations, including by obtaining declinations from both the DOJ and SEC
  • Advised on revisions, adoption, and/or implementation of traditional insider trading policies, digital assets trading policies, cybersecurity incident response plans, and/or AML policies and procedures
  • Advised on compliance with various federal securities laws, including those related to auditor independence rules, the marketing rule, and securities registration provisions in the context of digital assets issuances
  • Conducted internal investigations on behalf of companies involving complex and highly sensitive issues
  • Represented the SEC in several federal trials, including a matter in which the former Chief Financial Officer of a life science company was found liable on all claims in a case about materially misleading public statements; an insider trading case, in which the defendant was found liable on all claims; and a matter in which a lawyer was found liable on all claims for engaging in a fraudulent stock sale scheme
  • Conducted a wide range of investigations on behalf of the SEC's Division of Enforcement, which resulted in enforcement actions concerning offering fraud, accounting fraud, churning, accountant misconduct, market manipulation, unauthorized trading, securities registration violations and the market access rule
  • Represented the United States Attorney's Office for the District of Massachusetts in several federal jury trials on matters concerning securities fraud, among other allegations
  • Represented the United States Attorney's Office for the District of Massachusetts in a matter in which five individuals were charged with conspiracy, securities fraud and wire fraud following an undercover FBI operation

Awards

The Legal 500 United States

  • Recommended, Corporate Investigations and White-Collar Criminal Defense: Advice to Corporates, (2023)
  • Recommended, Corporate Investigations and White-Collar Criminal Defense: Advice to Individuals, (2023)
 
Additional Recognitions
  • Recipient, Paul R. Carey Award, Securities and Exchange Commission
Education
  • J.D., Northeastern University
  • B.B.A., Accounting, University of Massachusetts

Publications

Representative Speaker Engagements

  • "How to mitigate CFTC and SEC risks – Blockchain and Digital Assets," DLA Piper Webinar, October 23, 2023
  • "Moving on-chain: Unwinding the Complexity of Crypto," American Institute of Certified Public Accountants (AICPA) & Chartered Institute of Management Accountants (CIMA) Forensic & Valuation Services Conference, (2022)
  • "Will the new China-US audit deal resolve a decade-long dispute," Peterson Institute for International Economics (PIIE) Webinar, (2022)
  • "Resolving Parallel Investigations," Boston Bar Association (BBA) Webinar, (2022) 
  • "Business Email Compromise Fraud: How it's Changing; Why it's Growing; and What to Tell Your Clients When They Become Victims," BBA White Collar Fraud Conference, (2019) 
  • "The Regulators Speak: 2019 Enforcement and Exam Priorities for the SEC and FINRA," BBA Continuing Legal Education (CLE), (2019)
  • "Parallel Proceedings by the SEC and DOJ: How to Avoid a Collision in Two-Way Traffic," BBA Panel, (2015)

Media Mentions

Prior Experience

Before joining DLA Piper, Eric worked as senior trial counsel at the Securities and Exchange Commission's Division of Enforcement in its Boston Regional Office. He also previously served as a Special Assistant US Attorney in the Securities, Financial and Cyber Fraud Unit at the US Attorney's Office for the District of Massachusetts. His extensive insight of the SEC is an instrumental benefit for the firm's Securities Enforcement and Regulation group.

Memberships And Affiliations

  • Member, DLA Piper Securities Enforcement and Regulation Group