Jimmy Fokas

Partner

New York
T +1 212.589.4272  |  F +1 212.589.4201

Jimmy Fokas practices in the areas of securities litigation, regulatory enforcement, white collar defense and corporate investigations. His practice includes representation of public and private companies and regulated entities, including their officers, directors and employees, before the Securities and Exchange Commission (SEC), Department of Justice (DOJ), New York Office of the Attorney General and Financial Industry Regulatory Authority (FINRA) in investigations and enforcement proceedings concerning a variety of securities law issues, including insider trading and accounting and offering fraud. He also counsels broker-dealers and others with respect to compliance issues, including the Foreign Corrupt Practices Act (FCPA). Jimmy has conducted internal investigations of public companies involving accounting and financial reporting issues and compliance with the Controlled Substances Act, and has represented individuals in criminal investigations concerning tax and healthcare fraud.

Prior to joining the firm, Jimmy served as senior counsel in the Division of Enforcement in the New York regional office of the SEC, where he conducted investigations of securities law violations, including allegations of accounting and offering fraud and fraudulent trading practices. Due to his developed understanding of the operations of these government agencies, Jimmy helps his clients navigate complex fact patterns and the intricacies of government investigations in order to deliver favorable outcomes while minimizing reputational and financial risks.

Select Experience

Securities and White Collar 
  • Represents an individual in joint SEC and DOJ investigations alleging insider trading.
Compliance and Regulatory Advice
  • Represents and counsels an investment adviser during regulatory examination by the SEC.
Complex Commercial Litigation
  • Responsible for supervising the investigation and certain litigation concerning the recovery and ultimate distribution to defrauded investors of assets misappropriated through purported hedge funds operated by principals of the Michael Kenwood Group.
Monitorships
  • Managed a legal team in connection with the firm's appointment as an independent monitor of a non-prosecution agreement between the DOJ and Mellon Bank, N.A., which involved assessment of the bank's global compliance and employee training program and recommendations for enhancements of policies and procedures for data privacy, government contracting, FCPA and other compliance programs.
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Experience

Securities and White Collar 
  • Represents an individual in joint SEC and DOJ investigations alleging insider trading.
  • Represents an individual in a New York state attorney general's investigation of mortgage underwriting practices.
  • Represents an individual in a FINRA investigation regarding anti-money laundering compliance procedures.
  • Represents a global financial institution in connection with regulatory inquiries regarding trading practices and trading surveillance.
  • Represents a former corporate officer in connection with allegations of accounting fraud.
  • Represents an investment banking boutique in connection with a joint DOJ and SEC investigation regarding alleged mismarking of assets.
  • Represents a pharmaceutical distribution company in connection with a Drug Enforcement Administration investigation involving the distribution of controlled substances.
Compliance and Regulatory Advice
  • Represents and counsels an investment adviser during regulatory examination by the SEC.
  • Counsels public and private companies on compliance policies and procedures related to FCPA, anti-money laundering and financial reporting compliance.
Complex Commercial Litigation
  • Responsible for supervising the investigation and certain litigation concerning the recovery and ultimate distribution to defrauded investors of assets misappropriated through purported hedge funds operated by principals of the Michael Kenwood Group.
  • Part of team handling the investigation and litigation arising from the firm's appointment as counsel to the SIPC Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Responsible for teams that have commenced avoidance litigation against certain insiders and other individuals in order to recover assets for fund of customer property, which will be distributed to defrauded customers of Bernard Madoff's Ponzi scheme.
Monitorships
  • Managed a legal team in connection with the firm's appointment as an independent monitor of a non-prosecution agreement between the DOJ and Mellon Bank, N.A., which involved assessment of the bank's global compliance and employee training program and recommendations for enhancements of policies and procedures for data privacy, government contracting, FCPA and other compliance programs.
  • Served as part of a team of lawyers in connection with the firm's appointment as an independent examiner of a non-prosecution agreement between the DOJ and Bank of New York, which focused on monitoring the bank's anti-money laundering and suspicious activity reporting problems.

Memberships

  • Securities Industry and Financial Markets Association
  • Hellenic Lawyer's Association
  • American Bar Association

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Prior Positions

  • U.S. Securities and Exchange Commission, New York Regional Office, Division of Enforcement: Senior Counsel

Admissions

  • U.S. District Court, Eastern District of New York, 2003
  • U.S. District Court, Southern District of New York, 2003
  • New York, 2001

Education

  • J.D., St. John’s University School of Law, 2000, cum laude
  • B.A., State University of New York at Albany, 1997, magna cum laude