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Alan Vinegrad is a partner in the firm's New York office and a member of the firm's White Collar Defense and Trial Practice Groups. His practice focuses on representing individuals, corporations and corporate board committees in a wide variety of criminal and regulatory enforcement matters, as well as in complex civil litigation. He has represented numerous clients in connection with investigations and prosecutions by the U.S. Department of Justice, various U.S. Attorney’s Offices around the country, the Securities and Exchange Commission, the New York State Attorney General, and the Manhattan District Attorney’s Office.
Mr. Vinegrad joined the firm after serving as the United States Attorney for the Eastern District of New York. He previously served as the office's Chief Assistant U.S. Attorney, Chief of the Criminal Division, Deputy Chief of the Criminal Division, Chief of Civil Rights Litigation and Chief of General Crimes. In addition to his executive and supervisory responsibilities, Mr. Vinegrad investigated and prosecuted numerous criminal cases, personally tried over a dozen cases, and argued over 20 cases before the United States Court of Appeals for the Second Circuit.
- Secured a favorable resolution for a leading capital market company and related entities in connection with a residential mortgage-backed securities fraud investigation being conducted by the U.S. Department of Justice.
- Adelphia Communications Corporation in defense of the federal criminal investigation, SEC enforcement action and threatened forfeiture actions arising out of wrongdoing by members of the Rigas family.
- A senior executive of a large reinsurance company in defense of a federal criminal prosecution, SEC enforcement action and civil action arising out of alleged $500 million accounting fraud by American International Group, Inc.
- Several publicly-held corporations and senior executives in connection with Foreign Corrupt Practices Act investigations by the U.S. Department of Justice and the SEC.
- A senior executive of a large publicly-held energy company in defense of a criminal prosecution by the Government of Ecuador and related civil proceedings.
- Several major investment banking firms in connection with various criminal, SEC, state and New York Stock Exchange investigations into suspected insider trading, accounting fraud, and other federal violations.
Pro Bono
- Represented several not-for-profit organizations in connection with allegations of financial wrongdoing by members of their management.
- Represented family members of the victim of a terrorist attack in Israel.
- Represented the teenage victim of a sexual assault at a residential treatment facility in Westchester, New York.
Memberships and Affiliations
- New York Law School, member of the adjunct faculty teaching trial advocacy
- Federal Bar Council, member of the Executive Committee
- The New York Law Journal, member of the Board of Editors and regular columnist on Sentencing
- Eastern District Association (U.S. Attorney’s Office alumni organization), President
- Vera Institute of Justice, member of the Board of Directors
- American Bar Association, New York City Bar Association and National Association of Criminal Defense Lawyers, member
Previous Experience
- United States Attorney’s Office, Eastern District of New York (1990-1997, 1998-2002)
- Price Waterhouse & Co., Staff Accountant (1980-1981)
Winter 2019, Covington Alert
It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...
July 19, 2018, Covington Alert
Last week, in SEC v. Cohen, a federal district court dismissed an SEC enforcement action, in its entirety, on statute-of-limitations grounds. Most notably, citing the Supreme Court’s 2017 Kokesh decision, the court held that the injunction sought by the SEC in the case "would function at least partly to punish Defendants and is therefore a penalty" for purposes ...
January 25, 2018, Covington Advisory
Our message this year is simple: FCPA enforcement is here to stay. Despite pre-election statements to the contrary, various senior officials in the U.S. Department of Justice (“DOJ”) and U.S. Securities and Exchange Commission (“SEC”) have, over the past year, consistently reaffirmed DOJ’s and the SEC’s commitment to FCPA enforcement.
October 2017, Federal Sentencing Reporter
June 7, 2017, Covington Alert
On Monday, in Kokesh v. SEC, the Supreme Court handed a major loss to the Securities and Exchange Commission, unanimously holding that SEC claims for disgorgement of ill-gotten gains are subject to a five-year statute of limitations. The Kokesh decision also calls into question the proper measure of disgorgement (e.g., gross versus net profits) and even whether ...
June 7, 2017, Covington Alert
On Monday, in Kokesh v. SEC,1 the Supreme Court handed a major loss to the Securities and Exchange Commission, unanimously holding that SEC claims for disgorgement of ill-gotten gains are subject to a five-year statute of limitations. For decades, the SEC had taken the position that its disgorgement claims could reach back indefinitely, and recently obtained a ...
Miranda v. Arizona: 50th Anniversary
February 2017, Federal Bar Council Winter Conference
Sentencing
October 2013, National Association of Criminal Defense Lawyers 9th Annual Conference on Defending the White Collar Case
June 18, 2013, New York Law Journal
Ethics and Federal Criminal Discovery
February 2013, Federal Bar Council Winter Conference
The Ins and Outs of Defending Individuals Involved in Corporate Scandals
January 2013, American Conference Institute on White Collar Litigation
Representing Individuals: To Plead or Not to Plead - What Price Cooperation?
March 2012, ABA Annual National Institute on White Collar Crime
Representing Controversial Clients
February 2012, Federal Bar Council Winter Conference
The Crime-Fraud Exception
February 2012, Federal Bar Council Winter Conference
The Ethical and Practical Challenges of Representing a Controversial Client
June 2011, Federal Bar Council and Eastern District Association
October 2010, 79 Fordham L. Rev. 65
June 10, 2010, New York Law Journal
Federal Sentencing at a Crossroads: A Call for Leadership
May 2010, Federal Bar Council and the Center on the Administration of Criminal Law
Conference on Privacy and Internet Access to Court Files
April 2010, U.S. Judicial Conference Subcommittee on Privacy
More Jail, Less Justice - White Collar Sentencing Unhinged from Reality
October 2009, National Association of Criminal Defense Lawyers and Fordham Law School 2009 White Collar Seminar
Concluding the Investigation: Disclosures to Third Parties
June 2009, Internal Investigations 2009, Practising Law Institute
April 9, 2009, New York Law Journal
Corporate Compliance: Are Your Employees Truly Ready to Battle Corruption?
February 2009, Dow Jones/Ethisphere 2009 Global Ethics Summit
Law and Order: Regulation, Enforcement and Corporate Compliance
February 2009, Dow Jones/Ethisphere 2009 Global Ethics Summit
December 17, 2008, New York Law Journal
Complex Federal Investigations
November 2008, New York University School of Law
April 17, 2008, New York Law Journal
Eighth National Forum on Fraud & Abuse in the Sale & Marketing of Drugs
April 2008, Keynote Speaker, American Conference Institute
Internal and Governmental Investigations
June 2007, Corporate Compliance and Ethics Institute, Practising Law Institute
Selection, Service and Removal of United States Attorneys
May 2007, Federal Bar Council
January 30, 2007, New York Law Journal
The New Justice Department Guidelines for Corporate Prosecutions: What the McNulty Memo Means to You
January 2007, Practising Law Institute
2007, ETHISPHERE
The Current Prosecutorial Environment - Are DOJ/SEC Reaching Too Far?
November 2006, Mealey's Corporate Liability & Compliance Conference
Internal Investigations, Audit Committees and Accounting Restatements
October 2006, American College of Investment Counsel 2006 Annual Meeting & Education Conference
A Look at Privileges: Journalists, Government Attorneys, Psychotherapists and Others
February 2006, Federal Bar Council Winter Conference
Mock Supreme Court Argument for the Office of the Appellate Defender
October 2005, Twelfth Annual First Monday in October Program
First Amendment and Freedom of the Press, Protecting Sources, the Judith Miller Case
October 2005, The New York Press Club Foundation, Thirteenth Annual Conference on Journalism
April 20, 2005, New York Law Journal
Federal Criminal Sentencing After 'Booker'
March 2005, United States District Court, Eastern District of New York
Constitutional Reform of Federal Sentencing: Booker and its Aftermath
February 2005, Federal Bar Council Winter Conference, Hawaii
Blakely v. Washington and the Future of the Federal Sentencing Guidelines
December 2004, Federal Bar Council Inn of Court
Lessons from Recent Pressworthy Cases
November 2004, Federal Bar Council Fall Retreat
Federal Sentencing - An Impending Crisis?
September 2004, United States District Court, Southern District of New York
July 13, 2004, Testimony before the United States Senate Committee on the Judiciary
January 12, 2004, New York Law Journal
The New Federal Sentencing Guidelines: The Sentencing Commission's Response to the Feeney Amendment
December 2003, Federal Sentencing Reporter
The Promise and Problem of Parallel State/Federal Jurisdiction over Corporate America: Constructive Competition or Unnecessary Confusion?
December 2003, United States District Court, Eastern District of New York
November 2003, Business Crimes Bulletin, Volume 10, Number 10
The Pursuit of Uniformity and Severity in Federal Sentencing
November 2003, New York University School of Law
August 7, 2003, New York Law Journal
The New Federal Sentencing Law
June 2003, Federal Sentencing Reporter, www.vera.org/fsr, Vol. 15, No.5 pp. 310-316
Federal Criminal Civil Rights Prosecutions
April 2003, April 2002 and March 2000, at Fordham Law School
Federal Sentencing Guidelines in the Wake of the Feeney Amendment
April 2003, at United States District Court, Southern District of New York
Advanced Criminal Civil Rights
March 2003, U.S. Department of Justice Seminar, Office of Legal Education, South Carolina
February 27, 2003, New York Law Journal
Conflicts of Interest in Criminal Cases
October 2002, Association of the Bar of the City of New York
Federal Criminal Civil Rights Prosecutions
October 2002, at Columbia Law School
Federal Criminal Trials
May 2002, New York County Lawyers' Association, Federal Criminal Practice Institute
Prosecution of Corporations and Plea Bargaining
December 2001, New York University School of Law
Proffers, Pleas and Punishment
November 2001, Criminal Justice Act Conference at United States District Court, Eastern District of New York
Federal Criminal Civil Rights Enforcement
June 2001, at United States District Court, Eastern District of New York
The Civil Rights Prosecutions Arising out of the Stabbing of Yankel Rosenbaum and the Sexual Assault of Abner Louima
February 2001, Anti-Defamation League, Civil Rights Committee
United States v. Lemrick Nelson, Jr.: an Update on the Civil Rights Prosecution of Yankel Rosenbaum's Killer
January 2001, Anti-Defamation League, National Legal Affairs Committee
Federal Grand Jury Practice
October 2000, United States Department of Justice, Office of Legal Education
Aggressive Policing Under the Gun: Saving Lives v. Costing Lives and Implications for the Criminal Justice System
June 2000, Brooklyn Law School
The Civil Rights Prosecutions Arising out of the Stabbing of Yankel Rosenbaum and the Sexual Assault of Abner Louima
March 2000, Yale Law School
2000, NYU Annual Survey of American Law
2000, Hofstra University Law Review
First Annual Address of the Public Justice Foundation
September 1, 1999, at Hofstra Law School
Pastoral Confidences and Legal Privilege: Guidelines, Responsibilities and Perils
June 1999, Cardozo School of Law
The Double Jeopardy and Petite Policy Implications of the Crown Heights Prosecution
March 1997, at New York Law School
The Fourth Amendment and the Federal Rules of Evidence
1996 and 1997, at United States Department of Justice, Office of Legal Education
- Selected by Chambers USA as a leading attorney in the areas of white collar crime and government investigations (2007-20178.
- Recognized by Best Lawyers in America in the areas of bet-the-company litigation, commercial litigation, and white collar criminal defense (2010-2018).
- New York Super Lawyers, Criminal Defense: White Collar and Business Litigation (2006-2016)
- Who's Who Legal, Business Crime Defence (2015)
- Legal 500 US, Litigation - White Collar Criminal Defense (2012-2013)
- Selected by Law360 as White Collar MVP (2011).
- Selected as a "Top Gun" by Ethisphere Magazine (2009).
- The International Who's Who of Business Crime Lawyers (2008)
- 2005 Milton S. Gould Award for Outstanding Oral Advocacy from the New York City Office of the Appellate Defender.
- United States Attorney General's Award for Distinguished Service in 1997 for the prosecution of the men responsible for the death of Yankel Rosenbaum during the Crown Heights riots in Brooklyn, New York.
- Henry L. Stimson Medal from the Association of the Bar of the City of New York in 1993 for being the outstanding prosecutor in the United States Attorney’s Office.
Practices
Education
New York University School of Law, J.D., 1984
- cum laude
- NYU Law Review, member and editor
- Order of the Coif
University of Pennsylvania, Wharton School, B.S., 1980
- magna cum laude