Carlos F. Ortiz

He | Him | His

Partner

New York
T +1.212.589.4676
F +1.212.589.4201

“His white-collar defense practice demonstrates strength in a range of criminal tax proceedings and investigations, for which he has developed a leading reputation. He is described as ‘the dean of the tax defense practice area – he’s the go-to guy.’ ”

— Chambers USA

Overview

A seasoned trial attorney, Carlos Ortiz focuses his practice on Foreign Corrupt Practices Act (FCPA), high-risk tax controversies, offshore tax issues, anti-money laundering, e-commerce fraud and healthcare fraud, as well as allegations of fraud against government agencies and financial institutions. He has extensive experience representing U.S. and foreign-based corporations and individuals in the pharmaceutical, financial services, healthcare, aerospace, energy and telecommunications industries in connection with matters before enforcement and regulatory agencies, including the U.S. Department of Justice (DOJ), the Internal Revenue Service (IRS), the Securities and Exchange Commission (SEC) and various state attorneys general. Over his career in private practice he has secured the declination of criminal charges for corporate and individual clients. On several occasions he has prevented the referral of charges for the target of criminal tax investigations. 

Carlos advises corporations, their boards of directors and their committees regarding corporate governance and compliance matters. He also negotiates settlements, implements remedial measures and assists them in efficiently responding to subpoenas so as to minimize the disruptions to their normal business operations.

Before entering private practice, Carlos held posts at the Department of Justice Tax Division and at the U.S. Attorney’s Office for the District of New Jersey, where he served as Deputy and Acting Chief of the Criminal Division. Responsible for conceptualizing and leading a global financial investigation that resulted in the breakup of an international network of internet-based commercial money laundering and child pornography rings, he was honored at the White House and received an award from the National Center for Missing and Exploited Children at a congressional breakfast for his leadership role.

Carlos speaks frequently on tax enforcement and virtual currency, the FCPA, internal investigations and trial advocacy in the U.S., South America, Europe and Asia. He has been recognized by Chambers USA and both New Jersey and New York "Super Lawyers" for White-Collar Crime.

Select Experience

  • Represented a company in an FCPA matter that resulted in the company entering into a non-prosecution agreement and a significant reduction in the fine. Due to the company’s remedial efforts, DOJ did not require a monitor, instead trusting Carlos to implement the terms of the agreement. He presented annual reports on the company’s progress in monitoring and enhancing its compliance policies and procedures to the leadership of DOJ’s Fraud Section to efficiently close out the terms of the agreement.
  • Representing a South American sports broadcasting and marketing company in the FIFA investigation.
  • Represented numerous accounting firms in grand jury and SEC investigations involving both the preparation of tax returns and their audit practice.
More »

Experience

  • Represented a company in an FCPA matter that resulted in the company entering into a non-prosecution agreement and a significant reduction in the fine. Due to the company’s remedial efforts, DOJ did not require a monitor, instead trusting Carlos to implement the terms of the agreement. He presented annual reports on the company’s progress in monitoring and enhancing its compliance policies and procedures to the leadership of DOJ’s Fraud Section to efficiently close out the terms of the agreement.
  • Represented a South American sports broadcasting and marketing company in the FIFA investigation.
  • Represented numerous accounting firms in grand jury and SEC investigations involving both the preparation of tax returns and their audit practice.
  • Represented several high level executives before DOJ and the SEC in FCPA investigations, resulting in the declination of charges against the individuals.
  • Worked with Senator George J. Mitchell in connection with his independent investigation of performance-enhancing substance use in Major League Baseball.
  • Represented companies in FCPA matters that resulted in a non-prosecution agreement, no compliance monitor and a substantial reduction in the amount of the fine. The representations included assistance in compliance with the terms of the non-prosecution agreement.
  • Represented a multinational insurance company in a corruption investigation conducted by both the U.S. Attorney’s Office for the District of New Jersey and the Attorney General’s office, resulting in nonprosecution by both offices.
  • Represented a target of a criminal tax grand jury investigation resulting in the declination of charges by the U.S. Attorney’s Office for the District of New Jersey.
  • Represented a construction developer in an SBA fraud case in the Northern District of Illinois resulting in the U.S. Attorney’s Office dismissing the indictment one month before trial.
  • Represented an individual in a government fraud investigation resulting in the dismissal of criminal complaint by the US Attorney’s Office for the District of New Jersey.
  • Represented a military defense contractor in a federal grand jury investigation resulting in the declination of criminal charges by the U.S. Attorney’s Office for the District of New Jersey.
  • Served as investigations counsel for an international insurance company with responsibility for conducting internal investigations.
  • Represented a European-based credit card processing company in a gaming/bank fraud grand jury investigation by the Eastern District of NY, resulting in no criminal or civil action or fine.

Recognitions and Memberships

Recognitions

  • JD Supra Readers' Choice Award, White Collar Defense (2022)
  • Chambers USA, Litigation: White-Collar Crime and Government Investigations Law in New York 
    • Band 5 (2017 to 2022)
  • The Legal 500® (2020)
  • New Jersey "Super Lawyer", White-Collar Crime (2018 to 2020)
  • New York "Super Lawyer", White-Collar Crime (2007 to 2008, 2010 to 2020, 2022)

Memberships

  • New Jersey Hispanic Bar Association
    • President (2003 to 2004)
    • Executive Board Member (1994 to 2004)
  • National Hispanic Bar Association, Compliance and Ethics Section
  • American Bar Association, Section of International Law, International Anti-Corruption Committee: Vice-Chair
  • Association of Criminal Defense Lawyers of New Jersey: Forner Trustee and past President (2004)
  • National Hispanic Prosecutor's Association: Co-founder and former Vice President

Military Service

  • U.S. Army, Judge Advocate General Corps: Captain (1987 to 1990)

Admissions

  • U.S. Tax Court
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • New York
  • New Jersey

Education

  • LL.M., University of Baltimore School of Law, 1989
  • J.D., Brooklyn Law School, 1986
  • B.A., College of William and Mary, 1983

Languages

  • English
  • Spanish

Blog

In The Blogs

Previous Next
Blockchain Monitor
The Tax Man Is Back: IRS Issues First John Doe Summons in 2022 to Major Crypto Platform, Seeking Treasure Trove of Information on Tax Noncompliance
By Christina O. Gotsis, Nicholas C. Mowbray, Carlos F. Ortiz, Kayley B. Sullivan
August 22, 2022
After going for more than a year without using one of its most powerful weapons, a John Doe summons, the Internal Revenue Service (IRS) has reverted to the use of this tool in its much-publicized efforts to investigate, find, and prosecute...
Read More ->
Blockchain Monitor
DOJ Calls on International Partners to Improve Investigative Efficiency in Response to President Biden's Executive Order on Risks Involving Digital Assets
By Teresa Goody Guillén, Christina O. Gotsis, Robert A. Musiala Jr., Carlos F. Ortiz, Veronica Reynolds
June 30, 2022
In June 2022, the Department of Justice (DOJ) issued a report (Report) recommending increased cooperation among international law enforcement agencies to combat threats and crime related to the use and proliferation of digital assets and...
Read More ->
Blockchain Monitor
Cryptocurrency Tax Enforcement May Soon Reward Tipsters Through Whistleblower Program and False Claims Act
By Christina O. Gotsis, Nicholas C. Mowbray, Carlos F. Ortiz, Elizabeth Ann Smith, Kayley B. Sullivan
May 24, 2022
International and state authorities could soon bolster enforcement efforts by rewarding individuals who provide information about underreporting income on virtual currency transactions. As a result, digital asset investors and their tax...
Read More ->