Jonathan B. New

Partner

New York
T +1.212.589.4650
F +1.212.589.4201

Overview

A former Assistant U.S. Attorney for the Southern District of New York and Trial Attorney for the Department of Justice Civil Division, Jonathan New represents public and private companies, corporate executives, and individuals in complex civil, regulatory, and criminal law enforcement investigations and litigation, with a particular focus on cross-border government investigations. He is a seasoned advocate who advises and defends clients in connection with complex accounting and securities issues, market manipulation restrictions, insider trading, anti-money laundering (AML) compliance, FCPA compliance, civil asset forfeiture, healthcare law issues, government contracting and procurement issues, and on various issues involving intellectual property and computer crimes. He approaches matters analytically, developing a strategy that is based on a thorough understanding of the facts and presents the client's position in a light that most resonates with regulators, judges and jurors.

Select Experience

  • Represented sitting Congressman in criminal and SEC insider trading investigations and prosecutions in the Southern District of New York.
  • Represented individuals and an entity in the DOJ criminal investigation into the alleged loss of billions of dollars by the Malaysian 1MDB Fund.
  • Served as lead lawyer in the complex representation of the former London-based JPMorgan Chase managing director, nicknamed "the London Whale" by the media, in investigations conducted by the DOJ, the SEC and the CFTC, related to a multibillion-dollar trading loss for the bank. Developed an understanding of complicated credit derivative instruments in order to effectively represent the client. Through the mastery of complex facts, the application of government investigations experience and a multidisciplinary approach, the team developed a strategy to navigate the client through parallel U.S. and U.K. investigations. The team secured a rare non-prosecution agreement with the Justice Department and agreements with the SEC and the CFTC, including one of the first non-prosecution agreements executed by the CFTC for an individual.
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Experience

  • Represented sitting Congressman in criminal and SEC insider trading investigations and prosecutions in the Southern District of New York.
  • Represented individuals and an entity in the DOJ criminal investigation into the alleged loss of billions of dollars by the Malaysian 1MDB Fund.
  • Served as lead lawyer in the complex representation of the former London-based JPMorgan Chase managing director, nicknamed "the London Whale" by the media, in investigations conducted by the DOJ, the SEC and the CFTC, related to a multibillion-dollar trading loss for the bank. Developed an understanding of complicated credit derivative instruments in order to effectively represent the client. Through the mastery of complex facts, the application of government investigations experience and a multidisciplinary approach, the team developed a strategy to navigate the client through parallel U.S. and U.K. investigations. The team secured a rare non-prosecution agreement with the Justice Department and agreements with the SEC and the CFTC, including one of the first non-prosecution agreements executed by the CFTC for an individual.
  • Represented an entity, high-profile individuals and former government officials in the investigation conducted by U.S. Special Counsel Robert Mueller
  • Serves as lead lawyer on the team representing the court-appointed receiver of the Michael Kenwood Group, LLC, an international investment advisor. Performs strategic decision making and counsels receiver on potential courses of action designed to maximize the recovery for defrauded investors. Supervises the team's global investigation and federal district court litigation seeking assets misappropriated through purported offshore hedge funds operated by the principals of the Michael Kenwood Group.
  • Serves as lead lawyer in the representation of numerous foreign claimants in one of the largest civil forfeiture actions brought by the U.S. Department of Justice's Kleptocracy Asset Recovery Initiative involving alleged corruption and embezzlement by a former Nigerian president and his family and associates.
  • Represented a leading public affairs agency in connection with a high-profile federal civil and criminal investigation related to trading by an activist investor.  
  • Represented Chief Compliance Officer of a broker-dealer in connection with anti-money laundering investigation by FINRA.
  • Represented multinational consulting firm in connection with criminal and civil asset forfeiture investigation by DOJ.
  • Represented political consulting firm in connection with federal criminal investigation of a campaign finance staffer.
  • Retained as an expert witness on U.S. law pertaining to criminal procedure and federal court practice in connection with U.K. litigation concerning the alleged manipulation of the London Interbank Offered Rate (LIBOR).
  • Advised the U.S. subsidiary of an international industrial conglomerate on anti-money laundering and Bank Secrecy Act compliance.
  • Represented an officer of a health-care management firm in connection with parallel civil False Claims Act and criminal health-care fraud investigations by the Department of Justice.
  • Supervised various litigation teams of BakerHostetler attorneys and forensic professionals handling the investigation and litigation stemming from the firm's appointment as counsel to the Securities Investor Protection Act (SIPA) Trustee in the liquidation of Bernard L. Madoff Investment Securities LLC in connection with Madoff's Ponzi scheme.

Prior Experience

  • As assistant United States attorney, acted as the lead prosecutor in one of the largest mortgage fraud prosecutions in the Southern District of New York, resulting in the closure of a corrupt mortgage brokerage and title company and the convictions of dozens of real estate professionals, bank employees and attorneys. Was appointed as a senior member of a special strike force investigating mortgage fraud and other financial schemes in response to the financial crisis due to his extensive experience prosecuting mortgage fraud cases. Also investigated and prosecuted complex criminal cases involving bank, mortgage and other commercial fraud; securities fraud; insurance and health-care fraud; offshore illegal Internet gambling; money laundering; international trafficking in counterfeit goods; racketeering; conspiracy; murder; robbery; obstruction of justice; extortion; alien smuggling; and narcotics offenses. 
  • Gained significant civil litigation experience as a trial attorney in the Federal Programs Branch of the Civil Division of the U.S. Department of Justice. Defended federal statutes, policies, regulations and programs of national significance against challenges, including those based upon claimed violations of constitutional law. Successfully defended the United States in landmark NAFTA litigation, was lead counsel for the Overseas Private Investment Corporation in claims against the Islamic Republic of Iran, and defended numerous federal agencies in a wide range of lawsuits. Received a special commendation award for Outstanding Service in the Civil Division.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2019)
    • Recommended in Dispute Resolution - Corporate Investigations and White-Collar Criminal Defense
  • New York Metro "Super Lawyer" (2013 to 2019)

Memberships

  • American Bar Association: Criminal Justice Section
  • New York City Bar Association: Committee on Government Ethics and Council on Criminal Justice
  • American Lawyer Media Business Crimes Bulletin: Editorial Board

News

News

Press Releases

Prior Positions

  • United States Department of Justice
    • Assistant United States Attorney
    • Civil Division: Federal Programs Branch, Trial Attorney
  • Davis Polk: Associate
  • The Honorable Judith W. Rogers of the United States Court of Appeals for the District of Columbia Circuit: Law Clerk

Admissions

  • U.S. Supreme Court, 2011
  • U.S. Court of Appeals, Second Circuit, 2005
  • U.S. District Court, District of Colorado, 2011
  • U.S. District Court, Southern District of New York, 1999
  • U.S. District Court, Eastern District of New York, 2010
  • New York, 1998

Education

  • J.D., Harvard Law School, 1997, magna cum laude, Harvard Law Review
  • B.S., Yale University, 1994, summa cum laude

Blog

In The Blogs

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Data Privacy Monitor
Privacy Advocates See Victory as Supreme Court Extends Fourth Amendment Protections to Historical Cellphone Location Information
By Jonathan B. New
June 26, 2018
On June 22, the Supreme Court issued its highly anticipated decision addressing privacy in the digital age, holding that the government generally must obtain a search warrant supported by probable cause to search a target’s historical cell...
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