Jonathan B. New

Partner

New York
T 212.589.4650  |  F 212.589.4201

Jonathan New represents clients in white collar criminal and regulatory matters, corporate investigations, and complex commercial litigation. He has represented clients in connection with criminal and regulatory investigations conducted by the U.S. Department of Justice, the Federal Bureau of Investigation, the Securities and Exchange Commission’s Division of Enforcement, the Commodities Futures Trading Commission, the Internal Revenue Service, and the New York State Office of the Attorney General. Jonathan also advises clients on legal and regulatory compliance issues, and has counseled clients on various issues involving intellectual property and computer crimes. He approaches matters analytically, developing a strategy based on a thorough understanding of the facts that presents his clients' position in a light that most resonates with regulators, judges, and jurors.

Select Experience

  • A lead lawyer in the complex representation of a former London-based JP Morgan managing director whose cooperation was sought in investigations related to a multibillion-dollar trading loss for the bank. Developed an understanding of complicated credit derivative instruments in order to effectively represent the client. Through the mastery of complex facts, the application of government investigations experience, and a multidisciplinary approach, the team developed a strategy to navigate the client through parallel U.S. and U.K. investigations. The team secured a rare non-prosecution agreement with the Justice Department and agreements with the SEC and CFTC, including one of the first non-prosecution agreements executed by the CFTC for an individual.
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Experience

  • A lead lawyer in the complex representation of a former London-based JP Morgan managing director whose cooperation was sought in investigations related to a multibillion-dollar trading loss for the bank. Developed an understanding of complicated credit derivative instruments in order to effectively represent the client. Through the mastery of complex facts, the application of government investigations experience, and a multidisciplinary approach, the team developed a strategy to navigate the client through parallel U.S. and U.K. investigations. The team secured a rare non-prosecution agreement with the Justice Department and agreements with the SEC and CFTC, including one of the first non-prosecution agreements executed by the CFTC for an individual.
  • Lead lawyer on the team representing John J. Carney, the court-appointed receiver of the Michael Kenwood Group, LLC, an international investment advisor. Performs strategic decision-making and counsels Mr. Carney on potential courses of action designed to maximize the recovery for defrauded investors. Supervises the team’s global investigation and federal district court litigation seeking assets misappropriated through purported offshore hedge funds operated by the principals of the Michael Kenwood.
  • Lead co-counsel in the representation of numerous foreign claimants in the largest civil forfeiture action brought by the United States Department of Justice’s Kleptocracy Asset Recovery Initiative involving alleged corruption and embezzlement by former Nigerian president and his family and associates.
  • Represented leading public affairs agency in connection with high-profile federal civil and criminal investigation related to the activities of an activist investor.  
  • Retained as an expert witness on U.S. law pertaining to criminal procedure and federal court practice in connection with UK litigation concerning the alleged manipulation of LIBOR.
  • Advised U.S. subsidiary of international industrial conglomerate on anti-money laundering and Bank Secrecy Act compliance.
  • Represented an officer of a healthcare management firm in connection with parallel civil False Claims Act and criminal healthcare fraud investigations by the Department of Justice.
  • Supervises various litigation teams of BakerHostetler attorneys and forensic professionals handling the investigation and litigation stemming from the firm’s appointment as counsel to the SIPA trustee in the liquidation of Bernard L. Madoff Investment Securities LLC in connection with Madoff’s Ponzi scheme.

Prior Experience

  • As Assistant United States Attorney, acted as lead prosecutor in the largest mortgage fraud prosecution in the Southern District of New York, resulting in the closure of a corrupt mortgage brokerage and title company and the convictions of dozens of real estate professionals, bank employees, and attorneys. Appointed as a senior member of a special strike force investigating mortgage fraud and other financial schemes in response to the financial crisis due to extensive experience prosecuting mortgage fraud cases. Also investigated and prosecuted complex criminal cases involving bank, mortgage, and other commercial fraud; securities fraud; insurance and healthcare fraud; offshore illegal Internet gambling; money laundering; international trafficking in counterfeit goods; racketeering; conspiracy; murder; robbery; obstruction of justice; extortion; alien smuggling; and narcotics offenses. 
  • Gained significant civil litigation experience as a Trial Attorney in the Federal Programs Branch of the Civil Division of the United States Department of Justice. Defended federal statutes, policies, regulations, and programs of national significance against challenges, including those based upon claimed violations of constitutional law. Successfully defended the United States in a landmark NAFTA litigation, was lead counsel for the Overseas Private Investment Corporation in claims against the Islamic Republic of Iran, and defended numerous federal agencies in a wide range of lawsuits. Received a special commendation award for Outstanding Service in the Civil Division.

Recognitions

  • New York Metro "Super Lawyer" (2013 to 2015)

Memberships

  • American Bar Association: Criminal Justice Section
  • New York City Bar Association: Committee on Government Ethics and Council on Criminal Justice
  • American Lawyer Media Business Crimes Bulletin: Editorial Board

News

Press Releases

Services

Prior Positions

  • United States Department of Justice
    • Assistant United States Attorney
    • Civil Division: Federal Programs Branch, Trial Attorney
  • Davis Polk: Associate
  • The Honorable Judith W. Rogers of the United States Court of Appeals for the District of Columbia Circuit: Law Clerk

Admissions

  • U.S. District Court, Southern District of New York, 1999
  • U.S. District Court, District of Columbia, 2002
  • U.S. Court of Appeals, Second Circuit, 2005
  • U.S. District Court, Eastern District of New York, 2010
  • U.S. Supreme Court, 2011
  • U.S. District Court, District of Colorado, 2011
  • New York, 1998

Education

  • J.D., Harvard Law School, 1997, magna cum laude, Harvard Law Review
  • B.S., Yale University, 1994, summa cum laude