Jeffrey D. Martino

Partner

New York
T +1.212.589.4214
F +1.212.589.4201
San Francisco
T +1.415.659.2600
F +1.415.659.2601

Overview

Jeff Martino brings an in-depth understanding of ­­a wide variety of white collar and fraud related matters to his antitrust litigation and investigations practice. He represents multinational corporations and their boards and executives in high-stakes criminal and civil investigations by the U.S. Department of Justice (DOJ) and other federal and state agencies. Having spent nearly two decades at the DOJ and his last 7 years as a senior leader in two different DOJ components, he has extensive experience as “first chair” on trials and investigations in the most complex areas of criminal antitrust. Jeff's work at DOJ included providing technical assistance to competition agencies in Asia, Africa, the Americas and Europe and overseeing matters that included international corruption and antitrust cartel offenses that entangled the largest global banks and their key executives.

As Chief of the DOJ’s Antitrust Division’s New York Office, Jeff oversaw approximately 25 federal prosecutors investigating price fixing, bid rigging, FCPA violations, and other corporate fraud and corruption offenses, including market manipulation, spoofing, tax fraud, procurement fraud, money laundering, bribery, and obstruction.

Jeff is well-versed in the nuances of antitrust compliance guidelines, having led the first Antitrust Division prosecution to recognize a corporate compliance program at the sentencing phase and played a significant role in developing the Antitrust Division’s recent policy change to consider crediting compliance programs at the charging phase. Utilizing his experience working with financial regulators both internationally and domestically, competition agencies abroad, and prosecutors across the United States, Jeff advises companies and their senior executives on best practices to avoid risk and ensure holistic compliance in key business units. Additionally, he has considerable experience overseeing investigations involving human resource professionals, specifically in the context of "no poach" agreements.

Prior to his role as Chief of the New York Office, Jeff served as Chief of the United States Attorney’s Office in Arizona’s Financial Crimes and Public Integrity Section and the Civil Rights Coordinator, where he supervised a team of prosecutors that handled a wide variety of matters, including elder fraud, public corruption, civil rights offenses, health care fraud, tax fraud, mortgage fraud, embezzlement, money-laundering, and counterfeiting.

Jeff’s experience overseeing and conducting investigations and trials in the most complex criminal antitrust cases ever filed allows him to efficiently navigate claims of collusion that may impact antitrust laws, as well as other forms of fraud, to reach a fair and just resolution for clients.

Select Experience

  • Represented corporations and senior executives in separate multiple “no poach” and cross-border bid rigging/price fixing investigations by DOJ’s Antitrust Division.
  • Represented numerous e-commerce companies and the key executives in litigation against the FTC in federal court. Cross-examined the FTC’s expert and handled the direct examination of a consumer perception survey expert.
  • Represented a major data company under investigation by DOJ’s Consumer Protection Branch for allegations of mail fraud.
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Experience

  • Represented corporations and senior executives in separate multiple “no poach” and cross-border bid rigging/price fixing investigations by DOJ’s Antitrust Division.
  • Represented numerous e-commerce companies and the key executives in litigation against the FTC in federal court. Cross-examined the FTC’s expert and handled the direct examination of a consumer perception survey expert.
  • Represented a major data company under investigation by DOJ’s Consumer Protection Branch for allegations of mail fraud.
  • Serves as the antitrust legal advisor to a national COVID-19 Value Chain Coalition coordinated by PwC that includes vaccine retailers, manufacturers, insurance providers and therapeutic providers.
  • Provided guidance to media outlets and potential clients on pricing strategy for essential products and adherence with federal, state and local price gouging laws during COVID-19 pandemic.
  • Advised a major telecommunications company that entered into a consent decree with the FTC.
  • Co-lead counsel in trial involving price fixing of the euro/US Dollar currency pair among the world’s largest banks in the foreign exchange market.
  • Collaborated with other domestic and international agency leaders to coordinate law enforcement efforts for international investigations affecting the U.S. and abroad, including foreign competition and enforcement agencies, U.K.’s Serious Fraud Office and Financial Conduct Authority, DG Comp, South Africa Competition Commission, and numerous competition agencies in Latin America and Asia.
  • Led and oversaw multiple international extraditions involving fraud and antitrust charges against foreign nationals and utilized foreign assistance requests pursuant Mutual Legal Assistance Treaties (MLAT) and International Antitrust Enforcement Assistance Act (IAEAA).
  • As an Assistant U.S. Attorney, investigated and prosecuted various types of crimes, including southwest border crimes, public corruption, drug trafficking organizations, international and domestic human smuggling organizations, counterfeiting organizations, public employee embezzlement and postal workers for fraud.
  • Provides antitrust compliance advice and training for multiple global companies.
  • Representing corporate third-party subpoena recipient in U.S. v. Google and State of Colorado et al. v. Google civil antitrust lawsuits.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2020)
    • Recommended in Antitrust: Civil Litigation/Class Actions Defense
  • Attorney General Award for Distinguished Service (2016)
  • Assistant Attorney General Award of Distinction (2015)
  • EOUSA Director's Award (2013)
  • Department of Homeland Security, Award for Outstanding Performance for Operation "In Plain Sight" (2012)
  • Assistant Attorney General Award (2011)

Memberships

  • International Competition Network: Non-Governmental Advisor
  • American Bar Association
    • Antitrust Law Section, Cartel and Criminal Practice Committee: Vice Chair
    • International Cartel Task Force (2019)
    • Cartel and Criminal Practice Newsletter: Editor (2013 to 2015)
  • New York State Bar Association
    • Antitrust Section Executive Committee
    • Cartel and Criminal Practice Subcommittee: Chair
  • California Lawyer’s Association, Antitrust, UCL, and Privacy Section

News

News

Press Releases

Publications

Alerts

Articles

Featured Video

Antitrust Enforcement in the Biden Administration: What to Expect
Play Video

Hear a discussion on what we can expect from the Biden Administration on the antitrust front.

Prior Positions

  • United States Department of Justice, Antitrust Division, New York Office
    • Chief (2014 to 2019)
    • Trial Attorney (2002 to 2011)
  • United States Attorney’s Office, District of Arizona
    • Chief, Financial Crimes and Public Integrity Unit (2012 to 2013)
    • Civil Rights Coordinator (2012 to 2013)
    • Assistant U.S. Attorney (2011 to 2012)

Admissions

  • U.S. District Court, District of Colorado
  • California
  • District of Columbia
  • New York

Education

  • J.D., The City University of New York School of Law, 2002; New York City Law Review, Executive Managing Editor
  • M.P.A., University of Nebraska, 1999
  • B.A., Criminal Justice, Oklahoma City University, 1996

Blog

In The Blogs

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Antitrust Advocate
Franchise No-Poach Agreements: Is Reform on The Horizon?
By Tyson Y. Herrold, Jeffrey D. Martino
January 6, 2021
In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued Joint Guidance for Human Resource Professionals warning that no-poach agreements restricting employee hiring may violate the antitrust laws.[1] That...
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Antitrust Advocate
DOJ Takes a Stance on Section 230 Reform that Could Place Additional Burdens on Online Platforms
By Linda A. Goldstein, Jeffrey D. Martino, Darley Maw, Ann M. O'Brien
July 24, 2020
The Department of Justice (DOJ) recently outlined proposed reforms to Section 230 of the Communications Decency Act of 1996.[1] Section 230 has been in place since the early days of the Internet and protects online platforms from liability...
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Antitrust Advocate
DOJ Declines to Challenge New Bidding Platform for Commercial Advertisement Producers
By Jeffrey D. Martino
April 30, 2020
On April 16, the Department of Justice (DOJ) announced that it would not challenge a proposal by the Association of Independent Commercial Producers (AICP) to operate an online platform for advertisers and advertising agencies to solicit...
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Antitrust Advocate
Fuel Supply Bid-Rigging Prosecution Highlights Interplay of Whistleblower Statute and Antitrust Division's Leniency Program
By Jeffrey D. Martino
April 16, 2020
On April 8, the Department of Justice (DOJ) Antitrust Division (Division), the DOJ Civil Division and the U.S. Attorney’s Office for the Southern District of Ohio (collectively, the Government) announced a civil antitrust and False Claims...
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