James M. Roberts
Jim Roberts is an experienced white-collar criminal lawyer who represents companies and individuals in government inquiries and prosecutions, internal investigations, regulatory enforcement proceedings, securities litigation, and complex civil business litigation.
A former Manhattan Assistant District Attorney, Jim is a regular contributor to several legal publications, including the New York Law Journal, on leading-edge topics in white-collar defense.
Clients regularly seek Jim’s counsel when confronting inquiries or allegations related to securities fraud, insider trading, cryptocurrency, mail and wire fraud, health care fraud, bank fraud, and violations of the Foreign Corrupt Practices Act (FCPA), the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), and the Sherman Antitrust Act.
In addition to his white-collar defense practice, Jim represents businesses in complex civil litigation, including, civil securities litigation, civil fraud, intellectual property disputes, and data privacy.
RECENT PUBLICATIONS:
- Featured in Law360 discussing the argument against no-contact bail conditions, specifically in the criminal case brought by the U.S. against FTX founder Samuel Bankman-Fried in the Southern District of New York. Making The Argument Against No-Contact Bail Conditions
- Quoted by Law360 analyzing the recent “insider trading” conviction of Nathaniel Chastain and the DOJ’s playbook for pursuing cases in the cryptocurrency markets. Victories Hone DOJ Playbook for Crypto Trading Crackdown
- Quoted by the Financial Times analyzing the indictment of Donald Trump. Can Alvin Bragg make his unprecedented case against Donald Trump stick?
- Published article in the New York Law Journal analyzing the recent Second Circuit decision in United States v. Blaszczak; how defense counsel can employ it to undermine the government’s theories of criminal liability; “property” in fraud prosecutions; the insider-trading “personal benefit” test; and whether a securities fraud statute included in Sarbanes-Oxley will be used more often to prosecute insider-trading cases. Byproducts of 'Blaszczak': Property, Personal Benefits and Prosecutions.
- Featured by Law360 Pulse discussing the recent FTX prosecution and corporate counsel who find themselves in the middle of the government’s investigation. GCs Walk Privilege Tightrope When CEOs Are Charged
- Featured in the Chicago Tribune discussing United States v. Shah, an alleged billion-dollar fraud scheme, discussing the government’s burden to establish intent to defraud and the defense’s strategy. Outcome Health founders head to trial in Chicago over alleged $1 billion fraud scheme
- Published article in the New York Law Journal arguing that prosecutors and courts should not rubber stamp enhancements when they no longer serve their intended purpose, even if they may apply as a technical matter. It's Time to Change Antiquated Sentencing Guidelines.
- Interviewed by Law360 discussing the federal indictment of NJ Senator Robert Menendez for bribery. Jim addressed the hurdles facing the prosecution and the unique challenges of representing a public figure in a criminal case. New Jersey Cases to Watch in 2024.
RECENT REPRESENTATIONS:
- Representation of a C-suite executive of financial institution in an internal investigation
- Representation of a senior executive in FINRA investigation of alleged front-running
- Representation of the CEO of a healthcare company in alleged multimillion dollar fraud scheme
- Represented multiple witnesses in federal healthcare fraud investigation
- Representation of senior executives of global financial services firm in federal criminal and SEC securities fraud investigations
- Representation of senior executive of credit rating agency in federal and state mortgage ratings fraud investigations
- Conducted internal Title IX investigation on behalf of educational institution related to allegations of sexual harassment
- Counseled investment firm on employment contract issues
- Represented fashion company in contract dispute
Committee Member, New York City Bar Association’s Judiciary Committee 2023-Present