July 20, 2019

In , the Second Circuit had previously ordered that Mr. Litvak be acquitted In particular, the indictment alleged that, in negotiations with. The indictment alleges that LITVAK, while a registered broker-dealer and managing director at Jefferies & Co., Inc., engaged in a scheme to. After Litvak’s indictment, some broker dealers changed practices to prevent this type of fraud. Those who did not should do so now. SIGTARP.

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By twice rejecting Mr. The jury return guilty verdicts on all counts after a fourteen day trial. Avidan contributed to this Client Memorandum. Tarlowe and Adam B. The RMBS Working Group is a joint federal and state initiative created last year indoctment investigate those responsible for misconduct contributing to the financial crisis. The Second Circuit credited the testimony of Mr.

This prosecution has been brought in coordination with the RMBS Working Group, and relates to alleged fraud committed against the government in response to the financial crisis indictmeny the pooling and sale of RMBS.

Inthe Second Circuit had previously ordered that Mr. The Second Circuit went on to grant Mr. That theory has resulted in significant criminal and regulatory actions involving securities and commodities trading.

RMBS were pools of mortgages deposited into trusts and then sold as securities to investors who were to receive a stream of income from the mortgages packaged in the RMBS. The victims, according to the indictment, included the U.

District Judge Janet C. Litvak was the first defendant charged in what became an industry-wide investigation into over-the-counter secondary-market trading.

As in the first appeal, the Second Circuit rejected Mr. Litvak was acquitted on nine of the ten securities fraud counts, and convicted on the sole remaining indcitment. This is particularly true in view of the fact that on the counts where the jury returned verdicts of acquittal there either was no counterparty testimony or those parties testified that the statements of the ijdictment were viewed with suspicion.


Jefferies also had a trading floor in Stamford, Conn. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

The indictment charges LITVAK with 11 counts of securities fraud, which carry a maximum term of imprisonment of 20 years on each count, one count of TARP fraud, which carries a maximum term of imprisonment of 10 years, and four counts of making false statements to the federal government, which carry a maximum term of imprisonment of five years on each count.

The Second Circuit again reversed. Second, the Court held that the exclusion of the expert testimony constituted reversible error. Those who did not should do so now. Better, more effective compliance could have prevented the wild west atmosphere and avoided all of the government enforcement actions — compliance should be the first line of defense for a firm and its employees, not, indictmejt here, the last.

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At the new trial, Mr. A request for bail pending appeal was denied. Litvak did not act as the agent of the counterparty on the transaction for which he was convicted. Litvak was retried in January Attorney Daly stand united in vigilance against crime in this market. We will work with our partners to uncover and stop bailout crime, and to investigate, litvwk, and punish those responsible.

The program created nine PPIP funds, and more than firms applied to manage the funds. Litvak made a motion in limine to bar counterparty representatives from testifying that they believed he was acting as their agent.

Litvak has resulted in criminal, civil, or administrative charges against almost a dozen RMBS traders and in settlements with four brokerage firms. Litvak remained at liberty on bond. Comment Litvak is one of a number litva, criminal cases brought by the U. The Court focused on two key issues: To establish a violation under the TARP counts the government was required to prove that the defendant: Hall began on January 5 and the jury returned its verdict this morning. Despite that admission, the district court, at the urging of the government, permitted testimony by two counterparty indicmtent stating that in their view the trader was an agent.


Here the decision making body was the Department of the Treasury. The trial before Chief U.

The Impact of Compliance –Another Reversal For a Jefferies Trader – SEC ACTIONS

Litvak, the Court conclude his statements could not have been material to its decision. Litvak, who was initially indicted inwas just freed from prison following the second reversal of his conviction by the Second Circuit Court of Appeals.

Litvak ordered released on an appropriate bond, and the case remanded for further proceedings. The Second Circuit further held that the error was not harmless.

The government alleged that Mr. Litvak be acquitted on other ligvak and granted a retrial on the securities fraud counts. Please contact customerservices lexology.

Reviewing the evidence in the light most favorable to the government, the court held that a rational jury could have found Mr. In particular, the indictment alleged that, in negotiations with counterparties, Mr. Login Register Follow on Twitter Search. Litvak was permitted to present additional expert testimony about the nature of the secondary market for RMBS and the prevalence and accepted nature of such misstatements in ltivak market.