Jimmy Fokas

Partner

New York
T +1.212.589.4272
F +1.212.589.4201

Overview

Jimmy Fokas is an experienced white collar and securities enforcement defense attorney with a broad practice representing public and private companies, regulated entities, audit committees and their officers, directors and employees before the Securities Exchange Commission (SEC), Department of Justice (DOJ), Financial Industry Regulatory Authority (FINRA) and the New York Office of the Attorney General (NYAG). He also conducts internal investigations regarding potential FCPA violations and represents court-appointed fiduciaries in the recovery of assets.

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 and commenced actions concerning accounting and financial reporting fraud, insider trading, offering fraud and various other securities law violations. He currently serves as a co-leader of the Financial Investigations, Restatement and Accounting practice team.

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. He also counsels public and private companies, including broker-dealers, with respect to compliance issues.

Select Experience

Securities and White Collar/ Court Appointed Fiduciaries

  • Represents former accounting officer in SEC litigation involving accounting, books, records and internal controls issues.
  • Part of team representing court-appointed SEC Receiver in the investigation and recovery of assets, including cryptographic assets, for defrauded investors in the SEC v. Qin fraud scheme.

Compliance and Regulatory Advice

  • Represents and counsels an investment adviser during regulatory examination by the SEC.

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/ Court Appointed Fiduciaries

  • Represents former accounting officer in SEC litigation involving accounting, books, records and internal controls issues.
  • Part of team representing court-appointed SEC Receiver in the investigation and recovery of assets, including cryptographic assets, for defrauded investors in the SEC v. Qin fraud scheme.
  • Represents senior accounting officers of public company in SEC/DOJ investigation involving accounting and financial reporting matters.
  • Represents senior officer of public company in joint SEC/DOJ investigation concerning potential violations of the FCPA.
  • Represents former corporate officer of Fortune 500 company in SEC investigation regarding accounting, financial reporting and revenue recognition issues.
  • 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.
  • 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.

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.

Recognitions and Memberships

Memberships

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

News

News

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