John J. Carney

Partner

New York
T +1.212.589.4255
F +1.212.589.4201

"A real trusted adviser on a wide range of legal issues who understands the business implications of his legal advice…[John] is very knowledgeable in the law and accounting, as well as an excellent individual to work with."

— Chambers USA 2021

Overview

John Carney serves as BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team co-leader. He is a former Securities Fraud chief, assistant U.S. attorney, U.S. Securities and Exchange Commission (SEC) senior counsel and certified public accountant at a "Big Four" accounting firm. He is a seasoned advocate who represents public and private corporations and financial institutions in complex civil, regulatory and criminal law enforcement investigations and litigation, and advises and defends corporations and senior officers on FCPA compliance, investigation and defense.

His experience conducting investigations of possible FCPA violations and other potentially improper foreign country-based financial transactions has included working on major matters in the BRIC countries – Brazil, Russia, India and China. Having litigated for, and against, the U.S. government, he strongly encourages clients to take preemptive governance and remediation measures to mitigate legal and reputational risk in today's increasingly aggressive law enforcement environment.

Based on his success representing institutional and individual clients in complex regulatory and law enforcement matters, John was recently listed as one of the best securities enforcement defense lawyers in the U.S. in the Securities Docket "Enforcement 40." He is ranked in Chambers USA, is a Cryptocurrency Tracing Certified Examiner and also is Certified in Financial Forensics (CFF) by the American Institute of Certified Public Accountants. He lectures extensively at domestic and international conferences and training seminars on anticorruption and anti­money-laundering laws, corporate governance, compliance and disclosure, insider trading, securities, tax and other financial crimes, and defending complex and multijurisdictional civil and criminal cases.

Select Experience

Private Sector 
  • Selected by the U.S. Bankruptcy Court in the Southern District of New York to conduct an intensive 120-day examination to determine the nature and relationship of select U.S. based entities to the Punjab National Bank diamond fraud – the largest bank fraud in the history of India according to the Wall Street Journal. Examiner duties included funds tracing and shareholder ownership investigation and verification of “shadow entities” related to hundreds of millions of dollars of loose diamonds. Investigation concluded with the filing of a 165-page Examiner’s Report that served as a blueprint for the later appointed trustee to evaluate and determine the accuracy and legitimacy of bankruptcy claims.
  • Selected by the U.S. Bankruptcy Court in the District of Delaware to conduct a second expediated examination to determine the nature and extent of the involvement of a Texas-based diamond retailer in the Punjab National bank fraud. Forensic examination of key stakeholders and entities revealed a pattern of laundering funds between the U.S. and India to help conceal and perpetuate the $2 billion fraud.
Public Sector
  • Served as lead nationwide prosecutor in "Operation Hot Money," a notable three-year FBI and IRS money laundering, tax evasion and fraud investigation of numerous offshore banks and their related correspondent banks in the U.S. Coordinating the efforts of dozens of federal agents and prosecutors from the DOJ Tax Division in Washington, D.C., and U.S. Attorney's Offices in New York, Miami, New Jersey and elsewhere, the investigation of more than 1,500 individuals and corporations resulted in the collection of hundreds of millions of dollars in unpaid taxes, penalties and fines. Highlighted by The New York Times for its "unprecedented insight into banking in the Cayman Islands," the case served as the catalyst for major hearings on tax evasion and money laundering by the U.S. Senate's Permanent Subcommittee on Investigations. In recognition of bringing one of the largest offshore tax evasion cases in history, the U.S. Attorney General personally presented John with the distinguished Director's Award.
  • During nearly 15 years with the DOJ and SEC, investigated and prosecuted numerous high-profile criminal and civil securities and tax cases.
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Experience

Private Sector 
  • Selected by the U.S. Bankruptcy Court in the Southern District of New York to conduct an intensive 120-day examination to determine the nature and relationship of select U.S. based entities to the Punjab National Bank diamond fraud – the largest bank fraud in the history of India according to the Wall Street Journal. Examiner duties included funds tracing and shareholder ownership investigation and verification of “shadow entities” related to hundreds of millions of dollars of loose diamonds. Investigation concluded with the filing of a 165-page Examiner’s Report that served as a blueprint for the later appointed trustee to evaluate and determine the accuracy and legitimacy of bankruptcy claims.
  • Selected by the U.S. Bankruptcy Court in the District of Delaware to conduct a second expediated examination to determine the nature and extent of the involvement of a Texas-based diamond retailer in the Punjab National bank fraud. Forensic examination of key stakeholders and entities revealed a pattern of laundering funds between the U.S. and India to help conceal and perpetuate the $2 billion fraud.
  • Selected by the SEC to serve as federal court-appointed receiver of the MK Group, a complex family of hedge funds operating a Ponzi scheme through numerous investment companies and affiliates in the Cayman Islands, the U.S. and Latin America, John has recovered more than $300 million of misappropriated assets for defrauded offshore financial institutions and private investors, and directs the management and liquidation of more than a dozen private equity investments and other financial assets of the receivership.
  • Served as lead audit and compliance monitoring counsel to the independent examiner of the Bank of New York, under a nonprosecution agreement imposed by the Department of Justice (DOJ) for systematic failure to comply with the U.S. Bank Secrecy Act and related anti-money­laundering and know-your-customer laws; conducted detailed forensic management and operational assessments; and recommended and implemented enhancements of internal controls, customer and account onboarding and verification processes, training, and compliance policies and procedures.
  • Advised a public corporation and board of directors in an SEC stock option backdating investigation.
  • Counseled a multibillion-dollar global corporation on "best practices" corporate governance and compliance matters, including revision of customer transparency policies.
  • Successfully represented the former CFO of a Fortune 50 company in multiple federal and state proceedings alleging accounting, disclosure and securities fraud in connection with a multibillion-dollar accounting restatement over a five-year period.
  • Advised the chairman and CEO of a multibillion-dollar public company during internal and SEC investigations relating to alleged revenue recognition, internal control and governance misconduct.
  • Acted as lead partner in representation of an international fund manager in a multijurisdictional criminal insider trading investigation.
  • Served Her Majesty's National Crime Agency as an expert witness on the use of U.S. securities fraud violations warranting asset forfeiture sanctions under anti-money-laundering laws.
Public Sector
  • Served as lead nationwide prosecutor in "Operation Hot Money," a notable three-year FBI and IRS money laundering, tax evasion and fraud investigation of numerous offshore banks and their related correspondent banks in the U.S. Coordinating the efforts of dozens of federal agents and prosecutors from the DOJ Tax Division in Washington, D.C., and U.S. Attorney's Offices in New York, Miami, New Jersey and elsewhere, the investigation of more than 1,500 individuals and corporations resulted in the collection of hundreds of millions of dollars in unpaid taxes, penalties and fines. Highlighted by The New York Times for its "unprecedented insight into banking in the Cayman Islands," the case served as the catalyst for major hearings on tax evasion and money laundering by the U.S. Senate's Permanent Subcommittee on Investigations. In recognition of bringing one of the largest offshore tax evasion cases in history, the U.S. Attorney General personally presented John with the distinguished Director's Award.
  • During nearly 15 years with the DOJ and SEC, investigated and prosecuted numerous high-profile criminal and civil securities and tax cases.
  • As special attorney under the authority of the U.S. Attorney General, led the largest accounting fraud prosecution in U.S. history, the $14 billion Cendant accounting and securities fraud case, in an eight-month trial that resulted in the conviction of Cendant's former vice chairman on all counts, including conspiracy, securities fraud and submitting false filings to the U.S. government.
  • As senior counsel with the SEC Division of Enforcement in Washington, D.C., investigated and successfully litigated numerous cases charging violations of federal securities laws, focusing on complex financial fraud, fraudulent disclosure, auditor misconduct, insider trading and manipulation of government bond markets.
  • As trial counsel for the SEC Division of Enforcement, successfully tried the civil fraud case against Bank of Boston for failing to disclose material inadequacies in its loan loss reserves, and investigated tax law violations by Salomon Brothers that resulted in the entry of an injunction and imposition of a $290 million fine against the investment firm.
  • As chief of the Securities and Health Care Fraud Unit of the Office of the United States Attorney for the District of New Jersey, oversaw all securities and healthcare fraud investigations and prosecutions; successfully prosecuted numerous Fortune 500 companies for financial statement and disclosure fraud; coordinated investigations and prosecutions with the SEC, New York Stock Exchange, National Association of Securities Dealers, Community Futures Trading Commission, FBI, Postal Inspection Service, state securities regulators and other law enforcement agencies; and managed implementation of the Sarbanes-Oxley Act of 2002, securing the first successful prosecution of a CEO for violating the act's financial statement certification provisions.
  • Served more than five years as a member of the DOJ's National Securities and Commodities Fraud Working Group, as well as the SEC's Mid-Atlantic Enforcement Group, coordinating domestic and international investigations of corporate corruption, securities fraud, FCPA violations and disclosure violations.

Recognitions and Memberships

Recognitions

  • Chambers USA: Litigation: White-Collar Crime & Government Investigations in New York (2011 to 2022)
    • Band 4 (2020 to 2021), Band 3 (2011 to 2019, 2022)
  • The Legal 500 United States 
    • Recommended in Dispute Resolution - Corporate Investigations and White-Collar Criminal Defense (2016 to 2021)
    • Recommended in Dispute Resolution - Securities Litigation: Defense (2016 to 2022)
  • The Best Lawyers in America© (2020 to Present)
    • New York: Criminal Defense: White-Collar
  • Securities Docket: "Enforcement 40" (2013, 2017, 2020)
  • Martindale-Hubbell: AV Preeminent

Memberships

  • American Institute of Certified Public Accountants
    • Certified in Financial Forensics
  • American Bar Association

News

News

Press Releases

Publications

Alerts

Articles

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Prior Positions

  • U.S. Department of Justice
    • Special Attorney under U.S. Attorney General
    • Office of the United States Attorney for the District of New Jersey: Chief of the Securities and Health Care Fraud Unit
    • Assistant U.S. Attorney
    • National Securities and Commodities Fraud Working Group
  • U.S. Securities and Exchange Commission
    • Mid-Atlantic Enforcement Group
    • Division of Enforcement: Washington, D.C.
  • Certified Public Accountant at "Big Four" Accounting Firm (five years)

Admissions

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

Education

  • J.D., Rutgers University School of Law, 1990
  • B.A., Accounting, Rutgers University, 1984, cum laude

Blog

In The Blogs

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Blockchain Monitor
SEC and DOJ Bring Parallel Crypto Insider Trading Cases; SEC Alleges Nine Coinbase-Listed Tokens Are Securities
By John J. Carney, Kevin R. Edgar, Jonathan A. Forman, Adam D. Gale, Teresa Goody Guillén, Robert A. Musiala Jr., Veronica Reynolds, Michelle N. Tanney
July 25, 2022
Significant parallel actions commenced this week by the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) bring crypto fraud enforcement into the spotlight, with the SEC alleging that multiple tokens listed on...
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Blockchain Monitor
SEC Signals Ramp-Up in Crypto Enforcement by Nearly Doubling Its Crypto Assets Cyber Unit Staff
By John J. Carney, Adam D. Gale, Teresa Goody Guillén, Veronica Reynolds, Joanna F. Wasick
May 5, 2022
On May 3, the U.S. Securities and Exchange Commission (SEC) announced the expansion of its Crypto Assets and Cyber Unit (the Unit f/k/a the Cyber Unit) to 50 staff members, nearly double the Unit’s former size, including supervisors...
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Blockchain Monitor
DOJ Targets Cryptocurrency Fraud
By John J. Carney, Robert A. Musiala Jr., Kayley B. Sullivan, Michelle N. Tanney
October 12, 2021
Authorship credit: John J. Carney, Robert A. Musiala Jr., Michelle N. Tanney, and Kayley B. Sullivan On October 6, 2021, the U.S. Department of Justice (“DOJ”) announced the creation of a National Cryptocurrency Enforcement Team (“NCET” or...
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